CURRENT LEGAL ARTICLES

 

Introduction

The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland (except for cases involving medical negligence) must be submitted to PIAB.

PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the respondent) does not want PIAB to assess your claim for compensation, you can take your claim to court.

On average, claims made to PIAB are assessed in just over 7 months from when the respondent consents to have the claim assessed by PIAB. Personal injury claims taken in the courts can take up to 36 months

Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by PIAB. The injuries you sustained and your circumstances are taken into account when assessing the damages due to you. PIAB provides useful FAQs about making a personal injury claim.

Depending on when your claim is assessed, the guideline amounts for compensation for particular injuries are set out in the Book of Quantum (pdf), or in the Personal Injuries Guidelines (pdf). If your claim is assessed before 24 April 2021, the Book of Quantum will apply and if your claim is assessed on or after 24 April 2021, the Personal Injuries Guidelines will apply. The guidelines for damages for many types of injury are lower in the Personal Injuries Guidelines. PIAB can depart from the Personal Injuries Guidelines but must explain its reasons for doing so. Further guidance on this changeover is provided on PIAB’s website (pdf).

If the respondent does not agree to an assessment by PIAB, or if either side rejects PIAB’s award, the claim can be referred to the courts.

Under the Civil Liabilities and Courts Act 2004 the time limit for claims for compensation is 2 years from the date of the accident.

When PIAB receives your application for compensation, it will give you an application number. It will then inform the person you hold responsible for your injury (the respondent) about your claim. The respondent has 90 days to agree to let PIAB assess your claim. If the respondent agrees to this, they must pay a fee. If the respondent does not do this, the PIAB will issue you with an Authorisation. This is a legal document that allows you to take your claim through the courts if you wish.

When PIAB makes its assessment, the claimant has 28 days to decide whether to accept or reject the award. If the claimant accepts it, they must acknowledge this in writing to PIAB. If the claimant doesn’t reply within 28 days, it is taken that they have rejected the assessment.

The respondent has 21 days to accept or reject the assessment. If the respondent does not reply within this time limit, it is taken that they have accepted the assessment.

If both parties accept the assessment, PIAB will issue an Order to Pay to the respondent. If either you or the respondent rejects the assessment, PIAB will issue you with an Authorisation allowing you to take your claim to court.

You can read more about Making a Claim and Responding to a Claim on PIAB’s website.

Under the Personal Injuries Assessment Board (Amendment) Act 2019, if you haven’t complied with requests from PIAB and your case subsequently goes to court, the court can penalise you for not cooperating with PIAB. For example, this might happen if the claimant or respondent fail to provide requested information to the PIAB, or if the claimant doesn’t attend a medical examination arranged by PIAB. In these situations, the court can decide not to award costs to the person who hasn’t cooperated with PIAB and can make them pay some or all of the other person’s costs.

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Dylan Green

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