Publication
54815 (22 April 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Case reference: 54815
Determination: The application is refused pursuant to Paragraph 11 of the Scheme.
1. By way of application form dated [ ] Ms [ ] (“the applicant”) made an application to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“The Scheme”).
2. In her application form, the applicant stated that she was injured on [ ] on the [ ], [ ], [ ], in circumstances where she was walking on the footpath, having parked her car and intending to cross the road, and was hit by a man who was [ ]. The applicant stated that, on impact, she was somersaulted into the air and landed on the ground injuring her left leg. The applicant phoned her partner, who arrived on the scene and who phoned for an ambulance. The applicant was unable to get off the ground, and was in significant pain.
3. The applicant stated that witnesses helped her while her partner was arriving, and attested to the speed with which the man [ ] hit the applicant; he remained at the scene briefly before departing. The applicant stated that the ambulance did not arrive and instead she was taken to [ ] Hospital by her partner. There, the applicant was x-rayed which revealed that both the tibia and fibula of her left leg were broken. The applicant also suffered minor injury to her right ring finger.
4. The following day, the applicant underwent surgery on her broken leg, where metal plates and screws were inserted. The applicant remained in hospital overnight.
5. The applicant was given painkillers which she stated gave her nightmares, and experienced further stress and anxiety from being unable to receive visitors because of the COVID-19 restrictions in place at the time.
6. The applicant was discharged from hospital on [ ] and was advised not to put weight on her foot for a period of six weeks and was therefore largely confined to her bed.
7. The applicant stated that she attended hospital on [ ] to have the stitches removed and has attended a number of outpatient and physiotherapy sessions thereafter. The applicant also undertook home physiotherapy sessions.
8. In her application form, the applicant stated that she continues to use crutches and cannot yet walk unaided. The applicant stated that she continues to experience ongoing pain and has two scars on her leg.
9. Furthermore the wearing of the protective boot has caused further injury to the underneath of the applicant’s left foot, and while this has largely healed, the injury caused further pain and worry.
10. The applicant stated that she is a self-employed [ ], and as a result of the injury she was unable to [ ] for the period from the [ ] to the [ ], but was able to work remotely when possible.
11. The applicant claims compensation from the Tribunal for expenses incurred as a result of her injury in the form of the cost of petrol, tolls and hospital parking, travel costs with respect to attending medical consultations, pharmacy expenses and compensation for loss of earnings for the period in which she was unable to undertake her work [ ].
12. Further, the applicant claims compensation for future loss of earnings in circumstances where she will experience reduced income while she rebuilds [ ].
13. In support of her application, the applicant submitted a number of taxi receipts, as well as an accountant’s report provided by [ ] Services and copies of her filed income tax returns to Revenue for the years 2018-2021 showing her annual earnings.
14. The following documents were furnished to the Tribunal Member for decision:
15. Paragraph 11 of the Scheme provides for the following: “No compensation will be payable in respect of injuries inflicted in a traffic offence except in a case where there has been, in the opinion of the Tribunal, a deliberate attempt to run down the victim.”
16. In her application form, the applicant stated: “… I was walking on the footpath when I was violently hit by a man [ ]. It happened so quickly and at such speed that I was somersaulted in the air (according to witness statement given to Gardaí) and I ended up on the ground. The man was also on the ground complaining about his back before getting up [ ].”
17. In his Report to the Tribunal, Garda [ ] of [ ] Garda Station stated: “Ms [ ] was about to turn the corner to attempt to cross [ ] when an unknown male came around the corner and crashed into Ms [ ].”
18. I am satisfied that the applicant has been completely truthful in her account of the circumstances which gave rise to the injuries sustained. I am also satisfied that, having carefully considered both the applicant’s claim and the report of Garda [ ], and having regard to the provisions of the Road Traffic (Traffic and Parking) Regulations, 1997 the applicant’s injury was caused by a “traffic offence” within Paragraph 11.
19. The applicant has not provided any evidence to the Tribunal to suggest that there was any deliberate attempt by the person [ ] to run her down, but was rather the result of a traffic offence [ ] and thereby caused the injuries sustained.
20. Accordingly, applying Paragraph 11 of the Scheme, the application must be refused.
Signed: Peter Stafford BL
Dated: 22 April 2022