A Quinn Direct insurance claims manager contacted the home of a woman involved in an accident up to 15 times in an attempt to persuade her to accept a settlement offer arising from a motor accident, the High Court was told yesterday. The manager also advised the family against taking legal advice, it was claimed.
Marion Carthy had claimed there was "a campaign of harassment" by Quinn Direct aimed at persuading her to settle her claim against James Walsh, who had an insurance policy with the company. Ms Carthy said there were numerous telephone calls and handwritten letters to her home from Quinn Direct in the week following her discharge from hospital. This conduct had further distressed her, she said.
Ms Carthy (32), a secretary, of Ballycurra, Tinahealy, Co Wicklow, had sued James Walsh of Kilbaylet, Donard, Co Wicklow, arising out of a motor accident. Liability was conceded by Mr Walsh and the case was settled yesterday afternoon, soon after it opened, for an undisclosed sum and was struck out by Mr Justice Liam McKechnie.
Earlier yesterday, Martin Hayden SC said his client's family was contacted by the insurance company after the accident and advised not to seek legal advice. This was at a time when one daughter was in intensive care and the other was about to undergo an operation.
In the period up to November 9th, 2002, a Quinn Direct claims manager contacted Ms Carthy's home up to 15 times in an effort to persuade her to accept an offer, counsel said. This was despite being informed that she was too ill to consider any offer of the nature made by him and in the knowledge she was in the process of recovering from her injuries.
The claims manager had indicated his sole purpose was to help settle Ms Carthy's claim quickly and fairly and avoid both her and the defendant engaging solicitors and barristers, going to court and waiting two to three years to have the case settled.
Counsel added that the matter did not settle, despite his client being told she would get the money within seven or eight days. It was in that context he was seeking aggravated damages.