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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Perhaps but it is not within the remit of this committee. It may be an issue for the Department of Transport, Tourism and Sport or the committee on Transport, Tourism and Sport. There is no suggestion that this is to do with road safety. It is a regulatory issue that has come through the Department of Transport, Tourism and Sport.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Thank you, Senator.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: If I am correct, the witness is suggesting that if these rules and the Brexit effect are not taken account of, drivers will potentially drive more dangerously. Is that it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: And therefore ultimately drive up claims and premiums?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: That would affect motor insurance in the future as opposed to the historic impact of insurance that we are looking at so far.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: May I just interject to point out that, as far as I am aware, motor insurance is a legal requirement and one must have it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Are you saying that the individual driver should have it rather than the fleet?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Perhaps the Senator could tease that point out a little bit. When he says the individual, does he mean passengers?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Separate from motor insurance.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: I think that might be slightly outside the remit of this committee.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: If it is okay with the Senator, we will continue with Deputy Fitzmaurice.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Since last Wednesday we have heard that 71% of claims are being settled without recourse to either PIAB or the courts and we do not have any visibility as to whether they are bigger or smaller amounts than would be paid out by the courts. They could be twice what the courts would pay or half. Various members of the Judiciary might have different histories in terms of claim awards....

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: I welcome everyone to session B on the rising cost of motor insurance. We are joined by Mr. Ken Murphy and Mr. Stuart Gilhooly of the Law Society of Ireland and Mr. Paul McGarry SC and Ms Sara Moorhead of the Bar Council. I welcome them as well as the members and other visitors who are attending. The format of the meeting will be that the witnesses will make opening statements which will be...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: I am happy with that. Is that agreed? Agreed.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: I thank Mr. Gilhooly and Mr. McGarry for their opening statements, in advance and this afternoon. The Law Society of Ireland and the Council of the Bar of Ireland are the 14th and 15th, or thereabouts, organisations that the committee has heard since last Wednesday, including the Minister of State at the start. I will not go back over all those sessions. There has been some insurance...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: The committee has been told, and it has been fairly consistent from all the witnesses the committee has heard, that around 10% of cases are going to the courts and that 19% or 20% are going to the PIAB. Will the witnesses clarify where the figure of 70%, 71% or thereabouts is coming from? Is it anecdotal or is it insurance industry propaganda? Is it one person's word or someone else's word?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Settling in advance?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: Let us return to the issue of liability when somebody has a crash. Let us say a person is driving down the road and somebody drives into the back of his or her car. That person knows it is the other person's fault and the liability is fairly clear, even though we all have insurance discs that say never to admit liability, even if one is in the wrong. That is standard information from the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: One might be going down the road and somebody goes into the back of the vehicle. The person might be a bit sore and a bit frustrated the boot of the car is gone, etc. I presume the client has to find a solicitor. We do not have that kind of ambulance-chasing.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Rising Cost of Motor Insurance: Discussion (Resumed) (13 Sep 2016)

Gerry Horkan: I am not saying we do; we do not. The witness does not need to refute it. The person finds a solicitor who says that, by and large, for somebody running into the back of a vehicle, one would get this or that. We have heard over all the sessions that whiplash in Ireland gets €15,000, whiplash in the United Kingdom gets £5,000 and whiplash in the rest of Europe does not exist....