Did you know since the decision of the European Court of Justice (ECJ) in the case of Farrell v. Whitty  ECR I-3067 it is now possible for persons injured whilst travelling in the back of a commercial vehicle with no seating to bring a claim for compensation for injuries suffered if the commercial vehicle is involved in a collision.
In the case of Farrell v. Whitty the Plaintiff was travelling as a passenger in the rear of Whitty’s van where there was no seating. An accident occurred and she suffered significant injuries.
Following the accident it transpired that Whitty did not have insurance in place on the vehicle. Farrell therefore instituted proceedings against the Motor Insurers Bureau (MIBI) which is a State Body that deals with claims which involve unidentified or uninsured drivers.
The MIBI disputed the claim on the basis that as no insurance policy would cover a person travelling in the rear of a vehicle without seating they were not obliged to compensate the Plaintiff under the 1988 MIBI Agreement.
The case was brought to the High Court to challenge whether in this 1998 MIBI Agreement and its compatibility with certain EU laws. The High Court in turn sought the assistance of the ECJ who found that the Agreement was not compatible with the EU laws in question.
The Plaintiff in this case, Farrell, was ultimately deemed entitled to claim for damages against the MIBI.
If you have been involved in an accident such as this please contact us for further information and advice.