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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I was awarded 50 k out side court from setanta.a few weeks

Customer Question

Hi .i was awarded 50 k out side court from setanta.a few weeks ago i recieved 32.500.will i be given the remaining 17.500 by the governmeant or is this the end of the saga.
Submitted: 4 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 months ago.

1. Dear Paudie, can you better explain the situation. Have you employed a solicitor in the case? When you received the cheque for 32,500 who was the person paying you the cheque? Who were you suing? What has the Government got to do with the case? what was the case about? Who did Setanta insure?

Customer: replied 4 months ago.
Ok sorry.i was rear ended by a van.the driver was insured by setanta insurance.the case went to court but got settled out side on the day in question.i was awarded 50 month later setanta insurance went in to liquadition.4 years on i eventually got 32.500..the check was from the mibi.motor insurance bearu of was roumered the irish governmeant would pay the short 65 percent has only been paid out so far.yes i have a solisitor but as this is kinda new he does nt no if governmeant will pay short fall or not.
Expert:  Buachaill replied 4 months ago.

2. Firstly, I don't know why your cheque was from the Motor's Insurer's Bureau, as there was a Supreme Court ruling that held that it was not the MIBI but the Insurance Compensation Fund which was to pick up the tab in the case of Setanta Insurance. This is why you only got 65% of your award. If it had been the MIBI, you would have got 100% of your award!!

Expert:  Buachaill replied 4 months ago.

2. Secondly, the liquidator of Setanta has indicated that 30% of all claims would be paid from the proceeds of liquidation of Setanta. You will be entitled to your 30% from the liquidator. This will be paid out when the liquidation ends. I t is still ongoing. You will have to wait for this and get your solicitor to help you to ensure payment.

Expert:  Buachaill replied 4 months ago.

3. You will be left with a shortfall of about 5% in your claim. Currently, there is no plan for the Government to step in and pay the Setanta claimants. So, you will be left with this loss on your claim, I regret to say.

Expert:  Buachaill replied 4 months ago.

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