The High Court has allowed Bump Insurance to join a personal injury action arising from an alleged road traffic accident in Limerick. The ruling concerns who will take part in the proceedings; it does not decide whether the collision happened, whether anyone was at fault, or whether the plaintiff suffered injury or loss.
Bin Sun claims he was a passenger in a vehicle driven by Mr Woodland when it was struck from behind on or about 5 February 2016, at or near Dublin Road in Limerick. The judgment says the other vehicle was owned by Jason Price and allegedly driven by John Price. The collision and the circumstances described remain allegations in the underlying claim.
Bump had insured Jason Price, with John Price named as a driver. The insurer investigated and refused to indemnify the defendants. It sought to be added as a co-defendant so it could bring matters from its investigation to the trial court’s attention and address its potential responsibility for any award. Among its allegations were that some occupants of the two vehicles knew each other and that John Price was a lifelong friend of Mr Woodland. The judgment records these as Bump’s concerns, not findings by the court.
Sun opposed joinder, arguing that exceptional circumstances had not been shown and that fraud was not adequately pleaded or averred. The court said fraud was not required to establish exceptional circumstances. Applying the rules for adding a defendant over a plaintiff’s objection, it concluded that Bump’s potential financial interest and possible liability to satisfy a judgment met the relevant grounds. It also found the interests of justice and fair conduct of the litigation supported joinder, noting that related issues could be heard together.
Bump offered, if the trial court finds there was a bona fide accident causing loss or injury, to meet any damages award and costs in Sun’s favour, subject to any appeal, and to pay reasonable defence costs incurred by Jason and John Price. The judge said the undertaking was relevant to the absence of apparent prejudice if Sun’s account is accepted.
The court found there was no need to extend time to appeal the Master’s decision because Bump was not in breach of the applicable time limit. It set aside the Master’s decision, ordered Bump joined as a co-defendant and granted it leave to file a defence or other documents permitted by the court. Management of the ongoing proceedings was left for discussion with the parties.