Personal Injuries Assessment

The Personal Injuries Assessment Board (PIAB) is an independent statutory body that deals with personal injury claims. All personal injury claims in Ireland, except for medical negligence claims, must be submitted to PIAB.

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 PIAB to assess your claim for compensation, you can take your claim to court.

Most claims are assessed in 9 months from when the respondent agreed for the claim to be assessed by PIAB.

You should notify the person you are claiming against (the respondent) within one month of the accident. If you don’t do this, it could affect your claim for legal costs if the case goes to court.

You can submit your personal injury compensation claim:

• On the PIAB website using the online application form
• By emailing an application form (pdf) to post@piab.ie
• By posting an application form to P.O. BOX 8, Clonakilty, Cork, Ireland, P85 YH98

Completing the application form

You must complete a PIAB Application Form (pdf) to make a claim by post or email.

For PIAB to proceed with your claim, your application must include:

• Your full name, date of birth and home address
• Your contact number, if you have one (if you do not have one, you can state this on the form)
• Your Personal Public Service (PPS) number, or, if you were never issued a PPS number, a copy of a valid ID, such as a driver’s license, passport, national ID card, or other proof of your right to reside in Ireland
• Whether you are making a road traffic, workplace or public liability claim
• Details of the accident or incident (the date and time it occurred, and how and where it happened)
• A description of your injuries and how they affected you
• A medical report completed by your treating doctor
• Name and address for the respondent
• Payment (see ‘Fees for PIAB’ below)

You should also provide any other documents that support your claim, such as copies of receipts for any losses or expenses you suffered because of the accident.

You can read PIAB’s Guidance Notes (pdf) for further information on how to complete the application form. You can also read PIAB’s Guidance on Medical Reports (pdf).

Making a claim on behalf of someone else

You can make a claim on behalf of someone else if they:

• Are under 18
• Are of unsound mind
• Were fatally injured in the accident or incident

You will need to provide your own details and details of your relationship with the person you are claiming on behalf of.

You must use a Fatal Accident Application Form (pdf) when claiming for someone who was fatally injured.

Do I need a solicitor to make a claim?

You don’t need to use a solicitor to make a claim, but you can use one if you want to. You will need to provide their details in the application form.

Offences

It is an offence to give false information in your application. PIAB can disclose this information to the Gardaí.

You can find more information about making a claim on PIAB’s website.

When assessing claims and the damages which may be due to you, PIAB considers:

• The medical report from your doctor
• A report from an independent doctor appointed by PIAB, if necessary
• The injuries you sustained and your circumstances

PIAB is not required to assess certain claims and in those cases, it will grant you an authorisation to bring legal proceedings. PIAB previously did not make assessments in claims for psychological injuries, but it now does.

You can read PIAB’s FAQs about making a personal injury claim.

Time limits for making an application

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

It is very important that you notify the person you hold responsible for your injury (the respondent) within one month 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, it may affect your case later if you have to go to court, and you may not be able to recover your costs.

Respondent disagrees with PIAB assessing case

When PIAB receives your claim, it will give you an application number. It will then inform the respondent about your claim. The respondent has 90 days to agree to let PIAB assess your claim.

If the respondent agrees to this, they must pay a fee (see ‘Fees for PIAB’ below).

If the respondent does not agree to this, 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.

Motor accident with uninsured or unknown driver

If your claim is against a driver who was not insured, or who left the scene without giving their details, you should contact the Motor Insurers Bureau of Ireland (MIBI) before you make your claim to PIAB.

You can read more about making a claim and responding to a claim on PIAB’s website.

The guideline amounts for compensation for particular injuries are set out in the Personal Injuries Guidelines (pdf). PIAB can depart from the Personal Injuries Guidelines but must explain its reasons for doing so.

Accepting or rejecting the compensation award

You and the respondent will both receive a PIAB Notice of Assessment which sets out the compensation PIAB has assessed for the injury.

Claimant accepts or rejects the award

When PIAB makes its assessment, you have 28 days to decide whether to accept or reject the award.

If you accept it, you must acknowledge this in writing to PIAB.

If you do not reply within 28 days, it is taken that you have rejected the assessment.

Respondent accepts or rejects 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.

Both parties accept the assessment

If both parties accept the assessment, PIAB will issue an Order to Pay to the respondent. This means that the respondent will pay you the amount awarded to settle the claim.

Either party rejects the assessment

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

If the court awards you a lower amount than PIAB did, you will generally have to pay the respondent’s legal costs as well as your own (see ‘Taking a case to court’ below).

Social welfare recovery

Under the Recovery of Certain Benefits and Assistance Scheme, the Department of 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.

You can take your case to court if:

• The respondent does not agree with PIAB assessing the claim
• The respondent does not agree with the amount of compensation
• You do not agree with the amount of compensation
• The respondent fails to pay the agreed amount of compensation

PIAB gives you an Authorisation to take a case to court. You should get legal advice before taking a case to court.

Legal costs

In civil cases, the court usually awards costs to the person who wins the case. This means that if your case is successful, the court will order the respondent to pay your legal fees. There are some exceptions to this in personal injuries cases.

Even if you win, you will usually still pay the respondent’s costs if:

• You went to court because you did not agree with the amount of compensation that PIAB awarded, and
• The respondent did agree with the amount, and
• The court awards less than that amount

You may also be ordered to pay costs if you didn’t comply with requests from PIAB. For example, if you did not provide information that PIAB requested, or if you did not attend a medical examination arranged by PIAB.

If you did not inform the respondent of your intention to take a personal injuries case within one month of the accident, this could also affect your claim for legal costs.

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

• €45 for applications submitted using the online application form
• €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 €1,050.

How to pay

If you are submitting the claim through the online application form, you can pay by debit or credit card.

If you are submitting the claim by post or email, you can pay by:

• Cheque
• Postal order
• Electronic funds transfer (PIAB will provide IBAN/BIC account details upon request)

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