Car at centre of €27,000 storage bill after fatal crash is released to insurer AXA

A car which became the subject of a dispute over a €27,000 storage bill after being involved in a fatal collision has been released to insurance company AXA. 

Judge Michael Connellan granted the police property application at a special sitting of Ballyshannon District Court on Wednesday, February 18. 

The application had previously been before the court on January 16, when Inspector Dermot Treacy told the court that there was a dispute in relation to the payment. 

An Garda Síochana had applied to Ballyshannon District Court for an order for the delivery of the grey Skoda Superb to the owner, or such an order as the court may deem appropriate for its disposal. An updated application asked that the car be released to insurance company AXA. 

The grey Skoka Superb belonging to John Marsh was involved in a collision in Rossnowlagh in which a motorcyclist lost his life. The tragedy occurred on April 18, 2022.

There were no criminal proceedings in relation to the collision. Inspector Treacy explained to the court that the vehicle was held by gardaí until the inquest which took place on July 12, 2024. 

“Gardaí then informed the registered owner that he was free to collect his vehicle,” said the inspector. 

“It seems there was some breakdown in communication to insurance company AXA. There is now a substantial bill which AXA is disputing.

“The only means for An Garda Síochána to dispose of the vehicle is through the court.”

It was heard that by January 16, the disputed costs amounted to €27,000, significantly more than the value of the car. 

At the hearing in February, Inspector Treacy explained that first John Marsh and now AXA were on one side of the dispute, and the contractor which was holding the vehicle was the other party.

“We have no power to give it to either party,” said the inspector. 

Solicitor Rory O’Brien representing the insurance company said: “We are seeking an order from the court to allow AXA to take it. The state has no objection. 

“Any other matter relating to fees is a separate matter.”

Judge Connellan said: “I am acceding to this request to return it to AXA, and striking out John Marsh’s initial application.”