The PIAB provides an independent assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. If the person you hold responsible for your injury (the respondent) does not want the PIAB to assess your claim for compensation, you can take your claim to court.

On average, claims made to the PIAB are assessed in just over 7 months from when the respondent consents to have the claim assessed by the PIAB. Personal injury claims taken in the courts can take up to 36 months

Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by the PIAB. The injuries you sustained and your circumstances are taken into account when assessing the damages due to you. The guideline amounts for compensation for particular injuries are set out in the Book of Quantum (pdf). PIAB provides useful FAQs about making a personal injury claim.

If the respondent does not agree to an assessment by the PIAB, or if either side rejects the PIAB’s award, the claim can be referred to the courts.

Under Section 17 of the Personal Injuries Assessment Board Act 2003, if your injury consists wholly or in part of psychological damage which would be difficult to assess by means of PIAB’s assessment procedures, PIAB may give you permission to pursue your claim through the courts without an assessment of your claim.

Under the Recovery of Certain Benefits and Assistance Scheme the Department of Employment Affairs and Social Protection can recover the value of certain illness-related social welfare payments from compensation awards. The benefits are recovered from the compensator and not from the injured person.

Under the Civil Liabilities and Courts Act 2004 the time limit for claims for compensation is 2 years from the date of the accident.

However, it is very important that you notify the person you hold responsible for your injury within 2 months of the accident. You should notify them in writing (by registered post) detailing what they have done. This gives the person, company or organisation a chance to investigate your claim. If you do not inform the other person within the specified timeframe, it may not affect your application to the PIAB. But it may affect your case later if you have to go to court, and you may not be able to recover your costs.

When the PIAB receives your application for compensation, it will give you an application number. It will then inform the person you hold responsible for your injury (the respondent) about your claim. The respondent has 90 days to agree to let the PIAB assess your claim. If the respondent agrees to this, they must pay a fee. If the respondent does not do this, the PIAB will issue you with an Authorisation. This is a legal document that allows you to take your claim through the courts if you wish.

When the PIAB makes its assessment, the claimant has 28 days to decide whether to accept or reject the award. If the claimant accepts it, they must acknowledge this in writing to the PIAB. If the claimant doesn’t reply within 28 days, it is taken that they have rejected the assessment.

The respondent has 21 days to accept or reject the assessment. If the respondent does not reply within this time limit, it is taken that they have accepted the assessment.

If both parties accept the assessment, the PIAB will issue an Order to Pay to the respondent. If either you or the respondent rejects the assessment, the PIAB will issue you with an Authorisation allowing you to take your claim to court.

You can read more about Making a Claim and Responding to a Claim on PIAB’s website. Under the Personal Injuries Assessment Board (Amendment) Act 2019, if you haven’t complied with requests from the PIAB and your case subsequently goes to court, the court can penalise you for not cooperating with the PIAB. For example, this might happen if the claimant or respondent fail to provide requested information to the PIAB, or if the claimant doesn’t attend a medical examination arranged by the PIAB. In these situations, the court can decide not to award costs to the person who hasn’t cooperated with the PIAB and can make them pay some or all of the other person’s costs.

The fee to make an application to PIAB for personal injury compensation is:

• €45 for applications submitted online
• €90 for claim forms submitted by post or email

If a claim has been made against you and you agree to allow the PIAB to assess it, you must pay a fee of €600. If your insurance company has agreed to handle the claim on your behalf, it will pay this fee.

The PIAB’s leaflet Claimant Guide (pdf) contains further information on the application and assessment process. The PIAB also has a leaflet entitled How to respond to a claim (pdf) for respondents. You can download copies of the Application Form and the Medical Assessment Form from PIAB’s website.

If you have any further queries about making a claim to the PIAB or about the application process you can talk to us or alternatively, contact the PIAB:

Personal Injuries Assessment Board

P.O. BOX 8
Clonakilty
Cork
Ireland
P85 YH98 Tel: (023) 883 2826 Locall: 1890 829 121 (8am to 6pm, Monday to Friday) Fax: 1890 829 122 Homepage: http://www.piab.ie Email: enquiries@injuriesboard.ie