Janvier Tumusabeyezu loses appeal over MIBI crash claim

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal dismissed Janvier Tumusabeyezu’s appeal against a High Court ruling that the Motor Insurers Bureau of Ireland (MIBI) was not liable for any judgment in his favour against the driver of an uninsured car. The proceedings were reported on 8 July 2021.

Mr Tumusabeyezu was a passenger when the car left the road and struck a ditch near Mullingar, Co Westmeath, on 26 June 2017. The occupants were returning from the Body & Soul music festival, where they had been working as security personnel. He suffered injuries including a perforation of the small bowel and later underwent abdominal surgery.

He brought a High Court damages claim against the driver, Daniel Muresan, who admitted negligence, and also sued the MIBI. Neither Mr Muresan nor his car was insured. Mr Justice Bernard Barton ruled that the MIBI was not liable for any judgment against Mr Muresan in Mr Tumusabeyezu’s favour.

Mr Muresan said he had told his passengers before they set off for the festival that he had no insurance or driving licence and that the car had no NCT and was not taxed. Mr Tumusabeyezu and the two other passengers denied being told that he had no insurance. Mr Justice Barton accepted Mr Muresan’s account and found that a garda sergeant who attended the scene substantially corroborated his evidence.

Mr Tumusabeyezu argued on appeal that the High Court had made significant errors in its findings; the MIBI opposed the appeal. Giving the decision of the court, which also comprised Ms Justice Aileen Donnelly and Mr Justice Robert Haughton, Mr Justice Maurice Collins said no error had been identified that warranted intervention.