Higgins Claims Services

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Claims investigation service based in Cork. Our site sets out to provide useful claims information to others in the business and beyond. Thank you for your visit. Feedback is always welcome. Site updated 14th April 2008

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	Personal Injuries Assessment Board (PIAB)

	^{The operation of the Personal Injuries Assessment board is governed by the Personal Injuries Assessment Board Bill 2003 and PIAB Rules 2004} The Personal Injuries Assessment Board (PIAB) is an independent statutory body set up by government: · to assess how much compensation is due to an injured party; · to reduce costs and fees involved in the administration of personal injury claims; and · to reduce the amount of time it takes to finalise a claim for compensation. Under the PIAB Act 2003 anyone seeking compensation for a personal injury must apply to the Personal Injuries Assessment Board (PIAB). This applies to almost all types of injury and to all classes of insurance. Claims handlers and investigators will usually be dealing with a claim from the point of view of the Respondent which is the name given to the party the claim is made against and we will look here at What happens when someone makes a claim against a Respondent? PIAB will receive the claim against the Respondent and will write to them immediately. This first letter (Informal Notice) simply notifies you that a case may be in the pipeline. Insurers should be notified immediatly and copied with the notice. PIAB will send a Formal Notice when they have collected all the necessary information and received a completed Application from the Claimant. Completed Application (by Claimant) This includes: · A completed application form (Form A). · A medical assessment form (Form B) completed by the Claimant's treating practitioner. · Receipts and vouchers for any other financial loss incurred, together with any other documentation considered relevant to the claim. · Correspondence between the Claimant and the Respondent following the injury, copies of this correspondence should also be included. · Payment of €50 by the Claimant. What happens next? The Respondent will have 90 days from the date of the Formal Notice to inform PIAB whether or not they consent to PIAB assessing the claim. If the respondent (or their insurance company, if the matter has been passed to them) agree to PIAB assessing the claim, the Assessment Team will assess the amount of compensation and formally notify the parties, generally within 9 months. If however, the respondent does not consent to a PIAB assessment, They must inform PIAB in writing within 90 days. PIAB will then give the Claimant an ‘Authorisation’ to pursue their claim through the court system if they so wish. If PIAB do not receive a reply in writing within the 90 days, The Respondent will be deemed by default to have agreed to the assessment proceeding. PIAB will then assess the claim based on all medical evidence provided and having regard to the Book of Quantum. Normally an assessment comprises General Damages and Special Damages. What are General Damages? General Damages cover compensation for pain and suffering resulting from injuries which were sustained by the Claimant in the accident. What are Special Damages? Special Damages cover areas such as wages, medical bills, out of pocket expenses and property damage. In serious cases there may also be future loss of wages, expenses, etc. What is the Book of Quantum? The Book of Quantum is a guide to compensation levels for particular injuries. Respondents and Insurers are encouraged to use the Book of Quantum to assist them in settling a claim directly with the Claimant. It is available on the PIAB Website www.piab.ie What happens when PIAB completes the Assessment? PIABwill advise in writing the amount of the assessment and as the Respondent you will have 21 days to either accept or reject this amount. If the Respondents accept it, they must acknowledge this in writing to PIAB. If they do not reply within the 21 days, they will be deemed to have accepted the assessment. If the Claimant also accepts the assessment PIAB will issue an ‘Order to Pay’. This has the same status as an award of court. Order to Pay PIAB will issue the Respondent or the insurance company with an Order to Pay within one month. This Order is legally binding and has the same effect as an award of court. If they fail to pay any or all of the Order to Pay, the Claimant can pursue the matter through the courts. Respondents should be aware that if they do not consent to an assessment being made by PIAB or if they reject the assessment when it has been served upon you, and legal proceedings issue, there may be costs implications for them and/or the Claimant. Authorisation An Authorisation is a legal document issued to the Claimant which entitles them to pursue their action through the court system, if they so wish. This is issued if: Respondents have declined to let the claim proceed to assessment from the outset or the assessment has been rejected by either them or the Claimant. An Authorisation may also be issued in exceptional cases and PIAB will advise both you and the Claimant if the claim falls within this category. Both parties should be aware that if legal proceedings issue, there may be costs implications for both parties. Fees Payable The Respondent must pay PIAB an Application Fee of €1050 if they agree to PIAB assessing the claim. If they have passed the claim to their insurance company and they have agreed to handle the claim on Respondent’s behalf, they will pay this fee. AT ALL TIMES, IT IS OPEN TO THE PARTIES INVOLVED TO AGREE SETTLEMENT OF THE CLAIM AND THEY SHOULD ADVISE PIAB IF THIS OCCURS.