Practice Area » PIAB

PIAB (Personal Injuries Assessment Board)

Firstly, and most importantly, the Personal Injuries Assessment Board Act, 2003 has now (since 22 July 2004) been commenced in its entirety. All civil actions (other than actions arising out of medical negligence and a further limited number of categories) intended to be pursued for the purpose of recovering damages for a wrong in respect of personal injuries must now, by law, be referred for assessment by the Personal Injuries Assessment Board (PIAB) before proceedings in court may be initiated.

It is likely that the great majority of claimants who suffer personal injuries will continue to instruct solicitors to assist them in making claims for compensation. In circumstances where settlement cannot be reached directly with Respondents or their insurers, claimants seeking compensation for personal injuries will be required to then proceed through the PIAB process. It is therefore vitally important that claimants have access to the independent advice, expertise and legal representation of solicitors from the very beginning, both in negotiations with Respondents and where the claim subsequently proceeds for assessment by the PIAB.

It is important to keep in mind that the question of liability can be put in issue by the defence where a PIAB assessment of damages has been rejected either by the claimant or the respondent(s) (or both), meaning that liability potentially remains in issue in every case until that case is either settled or is finally determined by the courts.

The Personal Injuries Assessment Board (PIAB) is an independent group set up by the government for two reasons:

  • to reduce legal costs and other fees charged by experts involved in personal injuries' claims; and
  • to reduce the amount of time it takes to finalise a compensation claim.

    Common issues raised regarding PIAB:-



What is the Personal Injuries Assessment Board (PIAB)?
PIAB can settle straightforward claims more quickly and more cheaply than if they went to court. It awards the same amounts for injuries as the courts but its costs are much lower. This benefits claimants, respondents and insurance companies. You have the same right to compensation going through it as you would if you went to court.


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I’ve been injured in an accident; can I get compensation?
If you have been injured in an accident, you may be entitled to compensation, but compensation is not always payable in every instance. You may be entitled to compensation if you can show:

  1. that the person or group you hold responsible for your injury was legally responsible for your safety, and did not meet their legal responsibilities; and
  2. that your loss or injury was a direct result from the offending party failing to meet their legal responsibilities for your safety.
It is up to you to prove that the person, organisation or company you are making your claim against were responsible for your injury or losses.


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How and when can I sue for compensation?
In most cases, you must make your claim within three years of an accident, but it is proposed to reduce this time limit to two years (March, 2005) when the Civil Liability and Courts Bill comes into force.

First you should make a claim directly to the party that injured you. If you fail to reach a settlement, you must decide if you want to take further action. If you do decide to continue with your claim, you must submit your claim to PIAB. From 1st June 2004 for Employers Liability claims, and from 22nd July 2004 for all other personal injury claims (excluding medical negligence), you must submit your claim to it before court proceedings can be issued.


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How do I apply for compensation through the PIAB?
If you have suffered an injury and want to look for compensation, you need to send to PIAB:

  • a completed application form;
  • a medical report from your treating doctor;
  • confirmation from your employer of your loss of salary if any, both before and after tax and PRSI;
  • receipts and vouchers for any other expenses;
  • copies of all relevant correspondence between you and the respondent, the person or group you hold responsible for your injury;
  • any other documents you think are relevant; and
  • payment to PIAB of €50 by cheque or postal order. PIAB’s address is: PIAB, P.O. Box 8, Clonakilty,Co. Cork.

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What is the time limit for submitting my claim?
In most cases you must make your claim within two years of the date of the accident (Statute of Limitations). Your claim is legally recognised as soon as PIAB sends you confirmation that your application is complete and your claim is registered.


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What does the PIAB do when they receive my application?
When PIAB receives your application and fee, one of three things happens:

  1. if your application form and other papers are complete, PIAB will send you a letter confirming that your application is now complete and your claim has been registered - this letter will confirm your application number and the next steps; or
  2. if your form and other papers are not complete, PIAB will send your papers back to you with a letter explaining what you need to do before your case can be registered as complete; or
  3. if there have been minor omissions from your application, PIAB will contact you directly to resolve them. When PIAB have got these and your papers are complete, PIAB will send you a letter confirming that your application is now complete and your claim is registered.

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What happens next?

  • PIAB will contact the respondent (the person against whom you are making the claim) and ask them if they are happy for PIAB to assess the claim.
  • If the respondent is happy for PIAB to go ahead with your case, PIAB will assess your claim and decide on the amount of your award.
  • If they believe they are not responsible for your injury, they may decline to have your claim dealth with by PIAB.
  • If the respondent refuses permission to have your claim assessed by PIAB, an 'Authorisation' will be given to take your case to court if you so wish.

At all times, the respondent and claimant may decide to agree a direct settlement. The respondent should inform all relevant parties if this happens.


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How does the PIAB assess how much compensation should be paid?
A compensation award can comprise general damages and special damages.


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What are general damages?
General damages cover compensation for the pain and suffering that resulted from the injuries you sustained in the accident. PIAB assesses pain and suffering using the medical report sent to them. It may also consider an independent medical report, if one has been necessary because of a dispute about the nature of the injuries sustained. It then calculates the compensation award based on this medical evidence and the Book of Quantum. This is known as general damages.


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What are special damages?
In most cases, special damages cover four areas:

  1. wages;
  2. medical bills;
  3. out of pocket exenses; and
  4. property damage.

In serious cases there may also be future losses or expenses. If you have been seriously injured or your case is very complex, PIAB will give you information on other items that you can claim special damages for. These may include ongoing costs associated with serious disability.


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What is in the Book of Quantum?
The Book of Quantum is a guide to compensation levels for particular injuries. It is not the views of PIAB. It is based on current award levels and negotiated settlements within this country and based on factual data sourced from the Courts Services, The Irish Insurance Federation and the Small Claims Agency. It is compiled by an independent firm of analysts.

You may consider using the Book of Quantum to assist you in settling a claim directly with the person or persons you hold responsible for your injury.


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What happens when PIAB completes the assessment?
When PIAB has completed its assessment, it will let the claimant and the respondent know what the total compensation award is. PIAB will also explain how it reached this figure. Both respondent and claimant are free to accept or reject the PIAB award.

  • If you are the claimant, you have 28 days to decide if you will accept the award. If you accept it, you must write to PIAB to confirm acceptance.
    If you reject the award or fail to reply within 28 days, PIAB will send you an 'Authorisation' to go to court if you so wish.
  • The respondent has 21 days to reject the award.
    If they do not respond PIAB will assume that they have agreed to the award and it will then issue an 'Order to Pay'. This holds the same status as a court award. If the respondent does not pay the award to the claimant within a reasonable time, then interest and other penalties may be added to the amount due. If a claimant or respondent rejects the award, and the case is then brought before the courts, the respondent is free to argue legal issues and contest liability.

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I want to get independent legal advice; can I include the costs in my claim?
PIAB have set up a Helpline 1890 829 121, which is there to assist you from 8am - 8pm Monday to Saturday. Assistance is always available. You should have little difficulty filling in the PIAB Application and the only outside contribution needed would be the doctor's report. You can however, get independent legal advice at any stage of your claim and if you decide to seek legal advice PIAB would not normally reimburse any costs or charges you pay for this advice. Remember that a Solicitor must provide you with a written estimate of what he or she is going to charge you. You are entitled to get this when you first consult them or as soon as possible afterwards. PIAB will keep you advised at all stages during the process but can arrange to correspond with your Solicitor instead, on receipt of your specific request to do so.


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What happens if a claim is fraudulent or exaggerated?
If you are a respondent and you think the claim is exaggerated, do not accept the case for assessment by PIAB. Only a court can decide if a claim is exaggerated, or if the claimant is guilty of fraud.

If as a respondent you agreed to an assessment and then you find out the claim is fraudulent or exaggerated, you can reject the PIAB award. If the claimant takes the case to court, you can let the court decide if the claim should be dismissed.


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Do PIAB also assess cases where someone was fatally injured?
PIAB will assess cases where someone was fatally injured in an accident, but the court will also be involved in those claims. In this type of case, specific guidance will be provided by PIAB to the legal representatives of the deceased.


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What if I have to hire outside experts?
In very serious or complicated claims, you may need to hire experts to help with your case. PIAB will include their fees in the assessment only if they suggested that you hired them.


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Can I withdraw my claim?
If you decide for any reason that you do not want to go ahead with your claim, you can withdraw your case from PIAB. But you must understand that if you do so you cannot start or resubmit the claim again.


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Letter of Claim
A radical change has also been implemented recently by the government by the new Civil Liability and Courts Act 2004 ('the Act') which was signed into law on 21st July 2004. The most immediate impact is Section 8 (Letter of Claim) - A claimant in a personal injuries action must now issue a notice providing details of the nature of the wrong alleged to a respondent within two months of the date of the cause of action or as soon as practicable thereafter. Failure to do so, without reasonable cause, may have implications including costs. The notice must be served by registered post, in person or by leaving it personally at the address of the respondent. (Service is governed by Section 4 of the Act). There is no obligation to serve by ordinary post, although this would be sensible in case the registered letter was later returned. It is also important to note that the notice must state the nature of the wrong, so the standard precedent letter provided with the PIAB guidelines will require modifying to provide details of the individual accident.

The above process does not eliminate court proceedings. Either party may refuse to accept the PIAB’s assessment (either because the respondent does not accept liability or because either party is unhappy with the measure of damages), in which case it proceeds by way of court proceedings.


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