Why you need a Solicitor for PIAB Injury Claims
Why you need a Solicitor for PIAB Injury Claims
Common pitfalls when dealing with PIAB | 8 Reasons why you need a solicitor | Getting more by hiring a solicitor | What you really need to know about PIAB | Press propaganda spun from the insurance industry | Useful resources
Do I need a Solicitor for PIAB?
This is a question that solicitors are asked on a daily basis and the simple answer is YES.
So what exactly is PIAB (Personal Injuries Assessment Board)? PIAB was set up under the Personal Injuries Assessment Board Act 2003’, it is a government body that was put in place to provide independent assessments of personal injury claims arising out of accidents at work, road traffic accidents and public liability accidents.
When PIAB began, the Board refused to deal with solicitors*, they claimed PIAB was a “lawyer free zone”. Both the High Court and eventually the Supreme Court put a stop to this stating “The right to legal representation is a ‘fundamental right’. It was further stated by the High Court “the right to legal representation and the lawyer/client relationship existed in the common good and helped to guarantee “equality of arms” in litigation and various types of adversarial processes, and helped maintain fairness between the weak and the strong”.
Personal injury claims must first proceed through PIAB
Since the introduction of PIAB, most personal injury claims must first proceed through the Board for assessment before court proceedings can be issued. The idea surrounding PIAB was that there should be no need for a claimant/injured party to use the services of a solicitor and that they should make the application directly. The advertising campaigns that the Injuries Board have engaged in advise that making the application to them is a simple and straightforward process and that it is a waste of time and money obtaining the services of a law firm, this is not the case, PIAB applications can be complex and difficult to process.
Common pitfalls for claimants when dealing with PIAB
PIAB will lead you to believe that you do not need a solicitor, but the in reality, you do need a solicitor. Firstly, PIAB do not provide any legal advice. They advertise that the claims process is simple and hassle free, which is simply untrue. There are a number of common pitfalls that all claimants should be aware of when dealing with PIAB.
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1. Delay in notifying the respondent of your claim in writing
Under Section 8 of the Civil Liability and Courts Act 2004 you are required to notify the respondent, in writing, of your claim and to set out the details of the wrong alleged. This must be done within 2 months from the date of the accident.
If you do not comply with Section 8, it may be brought to the attention of the Court and it may influence the decision of the court i.e., you could receive a smaller amount of compensation for your injuries or you could be penalised by the court in relation to your legal costs.
Most solicitors will provide a first free consultation for victims of accidents to advise claimants of their entitlement and options. At the very least claimants should avail of a free consultation. PIAB will not tell you this. The reason is no doubt due to the fact that they are hoping to resolve your claim without you having to issue proceedings.
Not all cases will be resolved by PIAB. The respondent may refuse to allow PIAB to make an assessment or you may not be happy with the assessment that is made. There are many reasons that your case will not be resolved by PIAB, necessitating the need to issue proceedings.
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2. The Statute of Limitations – Timeframe for your injury case
You have two years from the date of your accident to lodge an application with PIAB. After the expiration of two years, you will become Statute Barred. This means that you are no longer entitled to bring a claim for compensation arising out of your accident – essentially, you have run out of time.
Although two years may seem like a long time, you must keep in mind that you will need to obtain a medical report from your treating doctor in order to make an application to PIAB. If you are looking to get a report from a specialist such as an orthopaedic surgeon or neurologist, you should be cognisant of the fact that it may take many months to get hold of this report. This will delay making your application to PIAB.
Since Sept 2023, it is not possible to make an application to PIAB, without the medical report, in order to stop the Statute of Limitations from running against you.
It is important to note that where the required information is not provided, an application cannot be deemed complete by PIAB (Section 11 of the Personal Injuries Assessment Board Act 2003 (as amended)) and will not be deemed complete for the purposes of the statute of limitations (Section 50 of the Personal Injuries Assessment Board Act 2003 (as amended)). It is therefore important that the claimant and/or the claimant’s solicitor ensure they leave adequate time when submitting an application to PIAB.
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3. Legislation governing personal injury claims
There are copious amounts of legislation governing personal injury claims. PIAB will not provide a claimant with any information or advice in relation to the relevant legislation. If your claim is not resolved through PIAB, then not complying with the relevant legislation can have serious implications for a claimant.
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Deadling with Fraudulent Claims – Sections 25 & 26 of the Civil Liability and Courts Act 2004
Sections 25 & 26 deal with fraudulent and exaggerated claims.
Section 25 makes it an offense to knowingly give false or misleading material evidence in a personal injuries action and Section 26 states that if you knowingly give false or misleading evidence then the court can dismiss your claim. In these circumstances, an order for costs could be made against you.
So, why is this relevant when dealing with PIAB?
If your claim is not resolved by PIAB it will be necessary for your solicitor to issue court proceedings on your behalf. All of the PIAB documentation along with all correspondence between you and PIAB will be made available to the Respondent insurance company.
During the PIAB application process, you will be asked whether or not you have suffered any previous accidents or injuries. If you have suffered a previous accident or injury, but you advise PIAB that you have not, then you could fall foul of the provisions of Section 25 & 26 of the Civil Liability and Courts Act.
You could also fall foul of these provisions if you are found to be in any way exaggerating your claim or your injuries. It is of vital importance that you seek legal advice before liaising with PIAB.
Read More about – Section 25 & 26 of the Civil Liability and Courts Act.
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Party liable for accident is not insured – The MIBI Agreement 2009
If you are involved in a road traffic accident and the person responsible for this accident did not hold a valid policy of insurance, your injury claim will be brought against the MIBI (the Motor Insurers Bureau of Ireland).
In order to bring a claim against the MIBI, you must comply with the “conditions precedent” as set out in the MIBI Agreement 2009. There are strict obligations set out in this agreement and should you fail to comply with these obligations, the MIBI can decline to provide cover for the uninsured driver.
A few of the most important obligations are as follows:
- Prior notice, in writing, must be given to the MIBI, before making an application to PIAB. Such notice must be made by registered post.
- There is an obligation to try and establish if there is a valid policy of insurance in place. You may be asked to provide the MIBI with proof of all endeavour made in this regard.
- The accident must be reported to the Gardai within 2 days of the accident.
As stated above, the obligations, when bringing a case against the MIBI, are very strict and must be complied with in order to bring a successful claim. If you are involved in an accident involving an uninsured driver, it is best to seek legal advice as soon as possible.
Read more: – Compensation for Hit and Run Road Accidents in Ireland – Claiming against MIBI
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Your case is not resolved – Section 14 Civil Liability and Courts Act 2004
If your case is not resolved through the PIAB process, papers will be sent to a barrister, to draft the appropriate proceedings. Contained in these papers will be a copy of the Form A completed by the claimant, along with copy medical reports and statements already made by the claimant. The personal injury summons will be drafted based on this documentation and you will then be required to swear an Affidavit of Verification.
This means that you are swearing, under oath, to the truth of the Personal Injury Summons. It is a criminal offense to swear an Affidavit of Verification that is knowingly false or misleading. Read more about – Section 14.5 Civil Liability and Courts Act.
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The legal complications – Respondent accepts and you reject a PIAB assessment
If a respondent accepts an assessment and you reject the assessment, there are legal ramifications. The assessment, in these circumstances, acts as a Tender. So, what does this mean. We will provide an illustrative example below:
- PIAB makes an assessment in your case in the sum of €10,000.
- You decide to reject the assessment and issue court proceedings.
- The respondent has accepted the assessment.
- If your case goes to court, you must beat the assessment of €10,000 i.e., the Judge must make an award higher than €10,000. If the court makes an award lower than €10,000 it can have significant costs implications i.e., you may not be awarded any legal costs by the court.
- If you fail to beat the assessment and no Order for Costs is made, then you will be liable to pay all costs of your own solicitor.
- If you fail to beat the assessment and an Order for Costs in made in favour of the respondent, then that means that you will have to pay all legal costs for the respondent.
In 2003, when the PIAB Act was first enacted, it was said to be a “solicitor free process” giving claimants the chance to settle their claims quickly and efficiently. There were no penalties set out if a claimant decided to reject the assessment and issue court proceedings.
This all changed in 2007, some 3 years later, when Section 51B was enacted.
This is the provision that sets out, if a claimant rejects an assessment and a respondent accepts an assessment, then the claimant could be held liable for all costs if they receive an award of compensation from the courts that is less than the assessment made by PIAB.
So, a claimant is now told that they MUST go through the PIAB process in order to bring a personal injury action. They may only submit one medical report to PIAB (this is absurd in situations where a claimant is seeing multiple specialists). Even if you do submit more than one report, PIAB will only reimburse the claimant for one report (even at that they rarely reimburse the full cost of the medical report). PIAB are permitted to arrange as many medical appointments as they wish and can take up to 19 months to make as assessment. PIAB will then issue their assessment allowing 28 days to make a decision on acceptance and THEN tell the claimant if they do not accept the assessment and are awarded less by a Court, they will be liable for the legal costs!
All the while, PIAB will continue to tell claimants that they do not need the services of a solicitor! It is hard to fathom how a claimant with no experience of the court system in Ireland, can make an informed decision after weighing all of the risks involved without consulting a solicitor.
8 Reasons why you need a solicitor for PIAB injury claims
- PIAB DO NOT provide Legal Advice: it’s important to note that PIAB provide you, as a claimant, with no guidance or legal advice.
- Consenting to assessments and accepting assessments are purely economic decisions made by respondents and their insurers. It is in no way an admission of responsibility.
- PIAB does not deal with issues surrounding liability. PIAB is not concerned with who is to blame.
- The only function of PIAB is to put a value on your claim.
- All Information must be correct: It is vitally important when making an application to PIAB that you identify the correct respondent (person at fault). If the wrong party is identified in your application an order for costs may be issued against you by PIAB. This essentially means that you will be responsible for the legal fees of the wrongly identified party.
- The Law Society of Ireland: When dealing with PIAB the Law Society of Ireland have recommended obtaining legal advice “Legal representation is necessary to guarantee the rights of victims of accidents against the interest of big business and the insurance industry”.
- Complex Cases: Dealing with PIAB, despite what advertising campaigns may make you believe, can be quite complex. PIAB will in no way assist you in completing the application form, nor will they advise you as to the correct identity of the person or persons at fault. Read More – Problems with making your own PIAB application
- Remember**: You have two years from the date of your accident within which to make an application to PIAB. So, if you name the wrong party, the two year time limit is still running against the party actually at fault. By the time you have figured out your mistake it may be too late. Read More – about the statute of limitations for personal injury in Ireland
Will I get more by hiring a solicitor?
You will greatly increase your chances of receiving a better financial outcome for your injury clam by availing of the services of a solicitor, for several reasons:
- Your solicitor will ensure full compliance with all formalities so that your claim will not be defeated on a technicality.
- In 2011, The Central Bank conducted an audit of compliance by insurance companies with regard to personal injury claims and concluded: ‘for claims assessments that were made by PIAB and subsequently rejected‘, it was noted that the ultimate settlement was higher than the PIAB assessment.
- It is our experience at Synnott Lawline that in the vast majority of cases when the PIAB assessment has been rejected by our client a higher figure is achieved and very often a substantially higher figure.
- Insurance companies are usually keen to settle claims and your solicitor is trained and experienced at achieving the best possible outcome at negotiations.
- Your solicitor is fully familiar with the Personal Injuries Guidelines and frequently will successfully argue that the PIAB assessment was made incorrectly.
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Is PIAB impartial or pro-insurance?
It has been argued by some, that PIAB may not always be as impartial as they claim. Firstly, PIAB is funded by the insurance industry in Ireland, this had led to some questions surrounding its independence and objectivity. There have been concerns that PIAB may be biased towards insurers, this has led to scepticism among some claimants as to the fairness of the assessment process.
It is telling of their impartiality that a respondent is free to refuse to engage with PIAB, however, a claimant has no choice but to engage in the PIAB process.
There are no penalties for the respondent for dragging out the PIAB process and then refusing the assessment, however, if a claimant refuses an assessment, there can be penalties surrounding their legal costs (see above).
Given that PIAB came in to being as a result of significant lobbying from the insurance industry, and they are funded by the insurance industry, it is hard to see how they can be deemed to be impartial.
Every time an amendment is made to the PIAB legislation, it seems to make the process harder for claimants. This is all done under the guise of trying to prevent fraudulent claims, however it is done to reduce the costs for insurance companies.
- €32 million – Aviva profits (approx) in 2022
- €74 million – FBD profits (approx) in 2022
- €112.7 million – AXA profits (approx) in 2022
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PIAB Legislation – Each claimant responsible for legal fees
Under the legislation introducing PIAB each claimant is responsible for their own legal fees, however, in cases where the assessment of the Board is rejected and proceedings are issued the onus is on the Defendant (wrongdoer) to cover the majority of legal costs involved.
It is also of benefit to note that if you decide to settle directly with an insurance company or to accept the assessment of PIAB, without having first sought legal advice, settlements are usually full and final. It may not be possible to bring the case any further in the future should it transpire that the injury sustained is more serious than anticipated.
When you instruct solicitors to handle your personal injury claim they will ensure to take up all necessary and relevant medical reports in order to obtain a full diagnosis and prognosis for the future, before entering in to settlement negotiations on your behalf. It is vital that you are fully aware of what the future holds before finalising any personal injury claim.
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How long does it take PIAB to make assessments?
In our experience, it will usually take longer than 90 days for PIAB to confirm if they intend on making an assessment. Once PIAB decide to make an assessment they will have a further 9 months within which to make this assessment. If they are not in a position to make the assessment within the statutory 9-month timeframe, they can delay the assessment by a further 6 months.
There is no valid reason for PIAB to take this long to provide an assessment
Period of time allowed for the respondent to consent to PIAB making an assessment 3 months (from date of written notification) Period of time allowed for PIAB to make the assessment 9 months (from date consent is received) Period of time PIAB can extend by 6 months Period of time allowed to make a decision on the assessment 28 days Total time allowed 19 months After all this time has elapsed, a respondent can inform PIAB that they are not accepting the assessment. Meaning 19 months later, the claimant is free to issue court proceedings! PIAB advertise themselves as being a quick and easy solution when it comes to resolving personal injury claims. This is clearly not the case.
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Case Study – Claimants error when filing own PIAB applicaiton – Form A
We recently had a client that had been involved in an accident at work. This client decided that they would deal with PIAB themselves and in doing so they technically named the wrong respondent (person/company responsible/ legal entity) on the Form A. By naming the wrong respondent the Statute of Limitations continued to run against the correct respondent. PIAB did not inform our client that they had in fact not named the correct legal entity, they allowed the application to proceed through to assessment and this assessment was inevitably rejected by the (wrongly named) respondent.
This client then came to us asking that we issue legal proceedings. Upon reviewing the paperwork provided we realised that the wrong respondent had been named and that the Statute of Limitations was due to expire in just a few days’ time. Luckily this client came to us on time and we managed to make a fresh application to PIAB before the Statute of Limitations expired. If the Statute of Limitations (2 years) had expired before a new application was made to PIAB, our client would not have been entitled to pursue their injury claim without the consent of the correct respondent.
It is also important to realise that the respondent (wrongdoer), whom you are bringing your claim against, is being represented by an insurance company/solicitors and you should therefore ensure to take all possible steps to make sure that your interests are also protected.
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Case Study: Delays in PIAB Assessments
An application was made to PIAB on 17th January 2022 and the Section 50 letter, stating that they had written to the respondent was received on 21st January 2022.
On 16th of January 2023 (one year later) correspondence was received from PIAB stating that they were unable to confirm service on the respondent and they intended to re-serve Formal Notice of Claim on the respondent and provide them with 90 days to respond!
We refused to accept this delay and obtained an Authorisation from PIAB on the 3rd February 2023. Luckily, our client had decided to instruct a solicitor to look after this matter, otherwise, they would have been left waiting another year for an assessment to be made.
The power of press – propaganda spun from the insurance industry
An article published in the Independent on the 5th June 2023 is headed: Curtains for Fraudsters’ – New personal injujry rules to make it harder for con artists to make false claims.
It is claimed in this article, that the introduction of these new rules will lead to a significant reduction in fraudulent claims. This is yet more propaganda spun by the insurance industry. These new rules will make it harder in general for any claimant to bring a personal injury action, genuine or otherwise. The article goes on to say that claimants will have to provide a PPS number when making an application to PIAB and that this will make it more difficult for a “con artist” to use an alias or bogus identity. This is NOT NEW! PIAB, along with insurance companies have been requesting PPS numbers for claimants since the Social Welfare and Pensions Act 2013 came into effect!
In many cases, applications are made to PIAB without the benefit of a medical legal report, in circumstances where the claimant has been unable to obtain a report from their treating doctor within the 2-year time limit. This is through no fault of the claimant. Many doctors are struggling to keep up with their daily workload and do not prioritise medical legal reports. In some cases, it can take months to get hold of the required report.
“…the Department of Social Protection may be able to recover some illness-related social welfare payments from any PIAB compensation payout…”
“…Another change will mean a claimant may run out of time under the statute of limitations if they seek to frustrate the PIAB assessment process by withholding medical reports…”
Read Full Article: –
‘Curtains for Fraudsters’ – New personal injury rules to make it harder for con artists to make false claims.
Below are additional resources and downloads about PIAB that may be helpful:
Read more – Statute of Limitations (Amendment) Act 1991 >
Download – PIAB Solicitors and claimants information leaflet >
FAQS – All your Questions Answered about PIAB >
About PIAB and the Claims Process – What you need to know >
Fewer Claims But Higher Premiums – Compensation >
PIAB Assessment Almost Doubled in High Court >
Problems with making your own Injuries Board Application >
Personal Injury Claims – Frequently Asked Questions >
What is the statute of limitations for personal injury in Ireland >
Compensation for Hit and Run Road Accidents in Ireland – Claiming against MIBI >
Talk to a solicitor today, we are here to help.
At Synnott Lawline Solicitors our dedicated team deals with PIAB claims for all injury accidents on a daily basis and we have extensive experience in successfully claiming on your behalf. Our focus is on keeping things clear and simple for our clients so they don’t have to worry. Following an accident, focusing on your recovery should be your number one priority, this is why having a Personal Injury Solicitor deal with the claims process for you can help you to recover stress-free. Contact us on 014537890 or info@lawline.ie for further information on making a PIAB application and the assessment process.
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Have you been Involved in a Road Accident?
If you have been involved in a road traffic accident it is necessary for you to obtain all of the details of the person responsible for the accident. This is not as easy as it sounds. Insurance companies are reluctant to give out this information. Instead they may make an immediate offer of settlement which does not reflect the true value of the claim. They may request that you be assessed by one of their own doctors. They may look to take up a copy of your medical records.
It can be difficult to know what information should and should not be provided to an insurance company. Personal Injury actions are complicated and they can also be very costly if something were to go wrong. If you decide to instruct a solicitor it is up to the solicitor instructed to obtain all of the relevant information and the insurance companies are always more forthcoming when dealing with a law firm.
It is also worth noting that difficulties may arise where the respondent does not hold a valid policy of insurance, if it was a hit and run accident or if you did not obtain the insurance details of the other driver. In these situations the support and expertise of a personal injury law firm is invaluable.
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Have you had a Trip or Slip in a Public Place
If you have been involved in a trip and fall accident in a public place it can be quite difficult to ascertain who was at fault. In a lot of trip and fall accidents there is more than one party at fault and all parties must be named in the PIAB application.
It is not unusual for the injured party to make an application naming the wrong respondent or only naming one of the respondents responsible for the accident. Unlike a solicitor, the Injuries Board does not carry out investigations to identify the correct respondent.
Most complications arise where there may be more than one respondent e.g. it could be the local county council, a management company, a building company that was recently working in the area, architects that designed the area in question etc. This is why a solicitor will instruct a consulting engineer to inspect the accident location before making an application to the Injuries Board, thus ensuring that the correct respondent(s) is named.
Naming the wrong respondent in an application to PIAB can cause lengthy delays in bringing your claim to a conclusion.
Before accepting an assessment made by the Injuries Board it is important to seek legal advice. In the majority of cases where the assessment of the Injuries Board is rejected, an experienced litigation solicitor should be able to obtain a higher settlement after initiating proceedings.
