Personal Injury Law in Ireland
THE PERSONAL INJURY ACCIDENT BOARD (PIAB)
The PIAB was placed on statutory footing by the enactment of the Personal Injury Assessment Board Act, 2003. This enactment was, we believe, at the behest of insurance companies and is designed to protect those companies. It certainly does nothing, or certainly very little, for an innocent injured party.
Now, when a person is injured, it is the beginning of a bureaucratic nightmare, which can last what seems like forever. Most people tend to believe that if they are involved in an accident they are required by law to immediately submit their claim to the PIAB. This however, is not the case. The injured party is only required to submit their claim if they want to take the matter to court for compensation. There is nothing whatsoever preventing an injured party from retaining a solicitor to negotiate with the insurance company on their behalf and then, if necessary, file the claim with the PIAB. If the claim is disputed, then the PIAB may give permission to file the action in court. However, insurance companies are “old hands” at not properly compensating injured persons, and the likelihood of a fair settlement in the negotiation process is not very high without the threat of litigation.
The PIAB is a very one-sided institution. The injured person must submit the claim to the PIAB before going to court. The Respondent, usually the insurance company, can elect to participate or not. Under the PIAB applicants are obliged, if they seek compensation, to undergo the difficult and often long-drawn out procedures of PIAB.
A major and very important difference between a PIAB assessment and a verdict from a court is that the court verdict is binding and enforceable, whereas a PIAB assessment is not. So, if the applicant doesn't like the result of the PIAB assessment, the applicant is not obliged to accept the decision. Likewise, if the respondent doesn't like the result of the PIAB assessment, it also is not obliged to accept the decision. Actually, even the Board itself is not obligated to accept the case despite the fact that it took the applicant's fees.
Furthermore, the PIAB will not take oral testimony and will rely only on the forms submitted together with the medical reports. It has been posited that the applicant is being helped by the PIAB due to the low cost of the application. However, this has to be considered in light of the huge and inordinate delays ( PIAB has nine months to issue the assessment with a further automatic six month extension, making a total of fifteen months), the lack of oral testimony, and the fact that the PIAB does not allocate legal costs.
It is a reasonable position to believe that if a party wants to be properly compensated for injuries received in an accident, he or she should employ the services of a competent lawyer. This way the insurance companies will have to deal on a level playing field.
Should you have any questions about Irish personal injury laws, the PIAB, workplace injuries or any other accident or injury, the solicitors at Damian Nolan & Co., Solicitors (incorporating William A. James & Co.), will be more than happy to assist you. Or, if you prefer, simply fill out our contact form (below), and our offices will contact you shortly.
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