How Does the Personal Injuries Assessment Board Work?
The Personal Injuries Assessment Board (PIAB) is an independent statutory body that assesses the value of personal injury claims in Ireland. It was established by the Personal Injury Assessment Board Act 2003, with the aim of reducing the time and expense associated with personal injury claims.
Submitting a claim to the Personal Injuries Assessment Board
All personal injury claims in Ireland must be made through the PIAB. There are some exceptions to this rule, including if:
- You are making a medical negligence claim, which the PIAB cannot deal with
- You and the party at fault have agreed on an early settlement of your claim
- The PIAB decides not to assess your claim, which usually happens when the injuries are entirely or largely psychological in nature
Otherwise, you must submit a claim to the PIAB within two years minus one day of your accident. Or, within two years minus one day that you became aware of your injury or illness. This is known as the ‘date of knowledge’.
Your application must outline who you believe is responsible for your damages and the reasons why. You also need to provide medical evidence from your doctor, along with details of any financial losses.
You can complete this application yourself, although we recommend that you ask our personal injury solicitors to manage the process for you. This ensures the application is completed in full, and that compelling evidence is delivered in support of your claim.
What happens next?
Once the PIAB has received your application, the following steps take place:
- The person at-fault for your injuries – called the Respondent – has 90 days to accept or reject the PIAB’s involvement. If the Respondent rejects the claim, the PIAB will issue a document called an authorisation. This permits you to proceed through the courts.
- If the Respondent accepts (or does not reply), the PIAB has nine months to assess your claim. This timeframe can be extended to 15 months if needed. You will be asked to provide details of your financial losses, and to attend medical appointments.
- Once their assessment is complete, the PIAB will say how much it thinks your claim is worth. You have 28 days to accept or reject this assessment. If you reject it, the PIAB issues an authorisation for you to proceed to through the courts.
- If you accept the assessment, the Respondent is given 21 days to respond. But if the Respondent accepts, or fails to respond, the PIAB will issue an Order to Pay. This compels the Respondent’s insurance company to pay your compensation settlement.
- If the Respondent rejects the assessment, the PIAB issues an authorisation for you to issue court proceedings.
Once the PIAB has issued an authorisation, their involvement has come to an end. You and the Respondent must then negotiate between you. If negotiations are not successful, the matter will go to court.
Rejecting the PIAB’s assessment
The PIAB plays a significant role during the course of a personal injury claim. However, neither party has to accept the PIAB’s assessment of your claim. You are entitled to reject their offer and issue court proceedings instead. This may sound daunting, but it is unlikely that your claim will actually end up in court. The majority of claims are settled via negotiations with the Respondent.
When you instruct our personal injury solicitors, we will advise whether the PIAB has conducted an accurate analysis of your claim. If we believe the proposed settlement does not reflect the damages you have incurred, we will advise you to reject the assessment. The decision is ultimately yours. If you do reject the PIAB’s assessment, we will negotiate with the Respondent on your behalf, securing the correct amount of compensation for your injuries.
Start your personal injury claim
If you would like to start a personal injury claim, please contact us at Mullins & Treacy LLP Solicitors. We specialise in personal injury claims and can guide you through the process. We are client focused and results driven.
Call us on 051 391 488 or email reception@mullinstreacy.ie for a no obligation enquiry.
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