a day ago
Man who got €167k after losing toes in lawnmower accident lied about where it happened
Gerald Guidera told the court he had 'no way of paying the money back'
A man who received €167,000 from an insurance company after he lost two toes in a lawnmower accident has avoided jail after it was revealed he lied about the location of the incident.
Gerald Guidera (47), from Bianconi Way, Portlaoise, Co Laois, pleaded not guilty to deception at a trial in February this year.
However, he was found guilty by a jury and appeared at Portlaoise Circuit Court yesterday for sentencing.
Mr Guidera was involved in an accident with a hover mower back in 2012. He claimed it happened at a property in Clonkeen owned by his uncle-in-law, John Tynan. He was acting as caretaker and employed to maintain the house and garden.
Mr Tynan, who has since died, was living in the UK at the time. The court heard how a home insurance policy was taken out on the house and garden in 2011. During a garda interview, Mr Guidera said he signed the proposal form on the policy 'on Mr Tynan's instructions'.
In 2012, FBD Insurance was contacted about an accident at the house by a man purporting to be Mr Tynan.
A claims adjustor for FBD, Noel Dwyer, spoke to who he believed to be Mr Tynan and was directed to go to that property to meet Mr Guidera to discuss the accident. The father-of-five claimed that he slipped due to the uneven surface and his foot came into contact with the lawnmower's blade.
He had to have two toes amputated as a result of his injuries and FBD agreed to settle the claim for €130,000. A further sum of €37,000 was paid out after Mr Guidera contacted the insurer to say he needed more money to cover his expenses.
Gerald Guidera had pleaded not guilty to deception. Photo: Mark Condren
Co. Laois man who lost two toes in a lawnmower accident, has avoided jail.
Six years later, Mr Tynan sought to make a claim on another policy with a different insurer in respect of a broken window at the Clonkeen property. While applying for this claim, the previous payout of €167,000 was referenced.
Mr Tynan said this was the first he had heard about it. He subsequently made a data access request to FBD seeking information relating to the claim.
Recordings of calls purportedly made by Mr Tynan were disclosed, and it transpired that it was in fact Mr Guidera who spoke on the phone, not Mr Tynan.
At the time, Mr Guidera owned an equestrian training ground across the road from where the alleged the accident occurred, but there was no insurance cover in place. On the day of the accident, there were a number of spectators in the Clonkeen area watching a rally.
Three witnesses gave statements saying they saw Mr Guidera using a lawnmower on the grassy banks around the paddocks of the equestrian area and later heard him shouting in pain.
Following an investigation, FBD was satisfied that the accident had not occurred where he said it had, and the matter was referred to gardaí. This led to Mr Guidera being arrested in 2020, and charged with deception.
Mr Tynan passed away before the trial so could not give evidence. The court heard how there had been a breakdown in their relationship over the years.
Mr Guidera maintained he signed the insurance policy under Mr Tynan's instructions and denied he was never made aware of the FBD claim.
Marc Thompson BL, acting for Mr Guidera, told the court that his client said the witnesses who saw him cutting the lawn on the paddocks had 'an axe to grind' and were 'acting out of malice'.
Mr Thompson described his client as a 'family man' who previously played sport at a high level. Since the accident, he has suffered from mental health issues. He said his client does not have the means to repay the money to FBD.
This has had a huge impact on my children. They are suffering
The insurance company has initiated civil proceedings seeking repayment of €167,000. Mr Guidera asked if he could give evidence before Judge Keenan Johnson imposed his sentence. He broke down in the witness box, saying 'my life and health has gone downhill'.
'This has had a huge impact on my children. They are suffering at the moment as we speak. I have no way of paying the money back,' he told the court.
Mr Thompson said his client was not in receipt of social welfare benefits as he does not qualify due to his wife's salary.
He said he previously invested in property and had an equestrian business, but 'all that money was lost'.
'I've nothing,' he said.
Judge Johnson described the deception as 'sophisticated'. He said the aggravating factors were the planned deception, his impersonation of Mr Tynan, and the fact FBD paid €167,000 as compensation. While Mr Guidera would have been entitled to money as the accident was genuine, he said FBD shouldn't have been liable.
'It's clear there was an accident and he suffered life-changing injuries,' Judge Johnson said.
'He has gained weight. He invested significant funds in Mr Tynan's property and he developed an equestrian arena. As a result of the fall out between them, all that money has been lost.'
He said the offending was 'out of character' as he had no previous convictions.
'Desperate people do desperate things. The injury sustained was serious and life-changing. Out of desperation he saw nothing wrong with moving the location to where FBD could cover it.
Insurance fraud is not without consequences. It increases costs for everyone
'People think committing fraud with an insurance company isn't the same as taking money out of someone's pocket, but in reality it is because it's impacting premium holders.'
He said the court had to send out a 'clear message' that this type of activity won't be tolerated.
He gave Mr Guidera a two-year sentence but fully suspended it for five years.
He also ordered him to pay FBD €20,000 in five instalments over the next five years.
Mr Guidera said he did not wish to comment following the court case.
A spokesperson for FBD said: 'Insurance fraud is not without consequences. It increases costs for everyone and unfairly impacts honest policyholders.
'FBD Insurance is dedicated to upholding the integrity of our claims process and safeguarding the interests of all our customers'.
Gerald Guidera had pleaded not guilty to deception. Photo: Mark Condren
News in 90 Seconds - June 22nd
