Ireland: 'If you're injured, then I'm injured' - Woman filmed jogging despite €60,000 claim for crash injuries - - PressFrom - United Kingdom
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Ireland 'If you're injured, then I'm injured' - Woman filmed jogging despite €60,000 claim for crash injuries

11:45  04 november  2019
11:45  04 november  2019 Source:   independent.ie

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a man standing in front of a brick building: Esther Lamidi leaves court after losing her action for damages. Photo: Collins © Collins Esther Lamidi leaves court after losing her action for damages. Photo: Collins

A WOMAN who lost a €60,000 injury claim after she was filmed jogging says too many people are taking civil cases in Ireland.

Esther Lamidi (35) had her Circuit Civil Court action thrown out two years ago after a judge said she had “not just exaggerated her complaints but was telling blatant lies” in her case against Zurich Insurance and motorist John Lowry following a car crash in Dublin city centre.

The court heard Ms Lamidi, of North Strand Road, Dublin, was videoed jogging across the road on the same day she told a consultant she could not move her right leg and ankle and had serious back pain as a result of the crash.

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The mother, who has driven on a provisional licence or learner permit for 19 years, was also videoed getting in and out of a car without difficulty despite telling a medical consultant she was “unable to function in any way.”

The court heard she had not complained to a doctor of back pain until almost 18 months after the accident.

In a lengthy interview as part of an investigation into insurance claims, Ms Lamidi this week admitted to the Sunday World:

The accident was just “a little crash”;

  • She only launched her claim because the other motorist claimed against her;
  • She never had to pay legal fees or costs in the case;
  • She still drives unaccompanied despite having no full licence;
  • She thinks there are too many civil claims.

The court heard the crash occurred when Mr Lowry had control of a junction and Ms Lamidi drove into him without looking left or right.

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Her case was struck out with costs awarded against her.

  'If you're injured, then I'm injured' - Woman filmed jogging despite €60,000 claim for crash injuries © Getty

This week Ms Lamidi told the Sunday World there are too many civil cases here.

“It’s too much. It’s too much. I don’t know how they do it. This matter of claim, claim, claim is not good. Many people are suffering. Other people are claiming.”

She said she is particularly worried as she illegally drives her car unaccompanied without a full licence and is worried other motorists will use this against her if she’s in another crash.

“It’s a big issue. Too many people are doing that. Now for me if I want to drive I have to be careful. I don’t know.

“If you have provisional licence and someone hits you that is what they’re using now.

“If you have provisional they know if gardai come and see you have provisional licence they use it against you and you are at fault. That is what they used against me in the court.”

Ms Lamidi has failed her driving test on multiple occasions and has driven on a provisional licence for 19 years.

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Despite the evidence presented against her in court she denied exaggerating her injuries when we spoke to her.

“The video disqualified me. Where did I jog? They said I was jogging.

“Me jogging? I was crossing the main road to the shop. I was just walking. I never ran. I was just walking.”

In court Mr Justice Raymond Groarke said the video of Ms Lamidi clearly showed her jogging across the street, bending over

and demonstrating entirely supple movements.

Ms Lamidi said despite the judge saying she was telling “blatant lies” she felt he believed her.

“I will never blame the judge. I don’t know the judge but he’s doing his case. The judge was frustrated and tired.

“He was on my side before. I almost won my case. The judge saw it. They [the other side] were sweating.”

Despite losing the case and having costs awarded against her, Ms Lamidi said she was no worse off financially as she didn’t

pay them.

“I can’t pay. Where would I get money?”

  'If you're injured, then I'm injured' - Woman filmed jogging despite €60,000 claim for crash injuries © Getty

She added that she wasn’t faced with a legal bill either. My lawyer said no pay no fee. I don’t need to pay him.”

Ms Lamidi said her insurance costs haven’t increased over the crash.

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“I was lucky my insurance was protected. Nothing affected me. I protected it. I was insured. It didn’t affect me at all. It stayed

the same.”

She said she considered taking a High Court appeal over the Civil Court decision but decided against it after receiving advice.

“My spiritual father gave me a prophesy. He told me Esther if I was you I would leave the case. He said my bill would be higher. He said just let go.”

Ms Lamidi told the Sunday World she didn’t think the crash was serious and only launched her civil action because the man in the other car made a claim through her insurance.

“The incident that happened is only a scratch. It’s not a big accident.

“It was just a little crash. I thought it was a little crash.

“I didn’t call my insurance so quick. I didn’t think it was going to go far. Then I got a letter saying about injury [to the other driver]. I said injury, what is this? Then it’s ‘OK, if you have injury I have injury too’.”

She claimed she didn’t want to take a civil action but pressed ahead anyway.

“I told my lawyer what would suit me and suit them you do it you are my lawyer."

She said she doesn’t regret taking the case but would approach it differently if doing it again.

She added that she got abuse on social media at the time but that has made her stronger.

“I forgot it and moved on with my life. I love music, I’m in the choir and I sing a lot.

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“I’d never been [criticised] on social media before. They motivate me more. I’m making my own music, singing my own song

and I’ve got my YouTube.”

She added she would take another civil claim provided she was in the right.

“It’s good to tell the truth and let the truth set you free. If I’m in the truth I will do it but if I’m wrong I will give up.”

SUNDAY WORLD

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