AT LEAST six motor insurance claims have been lodged against Dualway Coaches after last week's tragic events in which a company employee drove a bus at speed down the wrong side of the Naas Road in Dublin, killing one woman and injuring 13 others, including five gardai.
Peter Clarke (36), from Tallaght, was charged last Sunday with dangerous driving causing death to Maire Buckley (61), a community liaison teacher who worked in Dublin's inner city.
The claims to date are for damage to cars. No injury claims have yet been lodged. Eleven of the injured were released from hospital on Sunday and the rest were released during the week.
A garda spokeswoman said that Clarke, who lived on his own in Tallaght, could face further more serious charges. Any compensation claims will therefore have to await the outcome of the intensive investigation, which involves up to 50 gardai, as well as any court actions.
Gardai have not yet released the damaged cars they impounded for forensic examination, and it is understood that insurance companies have been asked not to get involved until the investigation is finished.
Although Dualway is fully insured, it may not be held liable for Clarke's actions if it can argue that he was clearly acting way beyond his job detail or, as the legal term states, "acting on a frolic of his own". This would mean that people injured or suffering loss from Clarke's rampage would not be able to get compensation from Dualway.
However, Duncan Inverarity of solicitors BCM Hanby Wallace said that recent similar cases in the UK have made employers liable for the actions of their employees, even when actions are way outside their job description.
Clarke has still not answered any garda questions and is currently undergoing a psychiatric evaluation pending his trial. He asked for a priest immediately after he was arrested and only spoke and prayed with him through his first night in custody.
A Dualway spokesman said they had no major problems with Clarke during his five years with the company. "He didn't drink and while he was quiet enough, he was sociable and would often join his colleagues for a glass of milk up in the Poitin Stil, " said a company spokesman.
He had a good driving record and initially worked for the company as a tour guide, said the spokesman for the family-owned company.
|