CIVIL LAW

Ireland’s Personal Injuries Assessment Board (PIAB) is an independent statutory body set up under the personal Injuries Assessment Board Act 2003 under the civil law. The PIAB give an independent assessment of personal injury claims for compensation following accidents. However, they will only get involved where the person responsible is not disputing liability and agrees to the PIAB assessing your claim for compensation. Claims can normally be settled through the PIAB in approximately 9 months. Personal injury claims through litigation (i.e., the Courts) can take up to 36 months (3 years). Therefore, if you want financial compensation for a personal injury (excluding medical negligence) you must first make an application to the Personal Injuries Assessment Board. Claims are assessed using all the medical evidence you provide and having regard to the level of compensation awarded for particular injuries. The level of compensation awarded for particular injuries is known as the Book of Quantum

If either side rejects the award, the matter can then be referred to the Courts. The PIAB assesses claims faster than the courts, but doesn’t award legal costs for or against either party.

Rules

Under the Civil Liabilities and Courts Act 2004 the time-limit for claims for compensation is two years from the date of the accident. Even so, it is very important that you notify the person you hold responsible for your injury within two months of the accident. While it may not effect your application to the PIAB, it may effect your case later if you have to go to court. When the PIAB receives your application for compensation, they will issue a receipt for the fee and an application number. The PIAB will then inform the person you hold responsible for your injury (the Respondent) about your claim. The Respondent has 90 days to consent to the PIAB assessing your claim and not dispute their liability. If the Respondant agrees to this s/he must pay an application fee of €900. If the Respondent does not do this, the PIAB will issue you with an Authorisation. This is a legal document allowing you to take your claim through the Courts. As the claimant, you have 28 days to decide whether you accept or reject the assessment. If you accept it, you must acknowledge this in writing to the PIAB. If you don’t reply within the time limit set out for the claimant, it is deemed that you have rejected the assessment. The respondent has 21 days to accept or reject the assessment. If the respondent does not reply within the time limits, it will be deemed he/she has 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, the PIAB will issue you with an Authorisation allowing you to take your claim to Court.

Withdrawing a claim

It is possible to withdraw your claim from PIAB. To do this, you must inform the PIAB (in writing) of your decision. If you withdraw your claim, you cannot resubmit the claim to PIAB again nor can you take your claim through the Courts system. It is recommended that you seek legal advice before you withdraw your claim.

Rates

Claimants are charged €50 to make an application to the PIAB for compensation for a personal injury. For Respondents, if a claim has been made against you and you agree to allow assessment by the PIAB you must pay an Application Fee of €900. If your insurance company have agreed to handle the claim on your behalf, they will pay this fee.

How to apply

To make a personal injury claim for compensation you must go through the following steps within the time limit which is two years from the date of the accident.

Here are the steps to follow:

• Fill out a claim application form online or complete & send one by post along with a copy of the medical report and €45 processing fee
• Respondent (who you are claiming against) receives the notification of your claim from The Injuries Board
• The Respondent, usually represented by an insurance company, agrees to the assessment of your claim by The Injuries Board
• The Injuries Board could arrange an independent medical examination on your behalf
• The Injuries Board will estimate the amount of compensation (monetary value of your claim)
• Claimant (you) and respondent both need to accept the amount of compensation, then the respondent issues settlement cheque.

Where to apply

If you have any further queries in connection with making a claim to the PIAB or about the application process, contact them directly as follows:

The Personal Injuries Assessment Board:

P.O. BOX 8, Clonakilty, Cork, IrelandPhone :1890 829121  –  www.piab.ie  –   enquiries@piab.ie