Personal Injuries Assessment

Introduction

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 cases involving medical negligence) 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.

On average, claims made to PIAB are assessed in just over 7 months from when the respondent consents to have the claim assessed by 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 PIAB. The injuries you sustained and your circumstances are taken into account when assessing the damages due to you. PIAB provides useful FAQs about making a personal injury claim.

Depending on when your claim is assessed, the guideline amounts for compensation for particular injuries are set out in the Book of Quantum (pdf), or in the Personal Injuries Guidelines (pdf). If your claim is assessed before 24 April 2021, the Book of Quantum will apply and if your claim is assessed on or after 24 April 2021, the Personal Injuries Guidelines will apply. The guidelines for damages for many types of injury are lower in the Personal Injuries Guidelines. PIAB can depart from the Personal Injuries Guidelines but must explain its reasons for doing so. Further guidance on this changeover is provided on PIAB’s website (pdf).

If the respondent does not agree to an assessment by PIAB, or if either side rejects 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 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.

Rules

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 1 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 within the specified timeframe, it may not affect your application to 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 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 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 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 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, PIAB will issue an Order to Pay to the respondent. If either you or the respondent rejects the assessment, 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 PIAB and your case subsequently goes to court, the court can penalise you for not cooperating with 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 PIAB. In these situations, the court can decide not to award costs to the person who hasn’t cooperated with PIAB and can make them pay some or all of the other person’s costs.

Rates

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.

How to apply

To make a personal injury claim for compensation you can:

You need the following to complete your application:

You should also provide receipts for any financial loss that you have incurred as a result of the accident, together with any other documentation you may consider relevant to your claim.

If you are making an application on behalf of child (someone under age 18) or on behalf of someone who has been fatally injured, you must make the application by post. Also, you must use a Fatal Accident Application Form (Form A) (pdf) when claiming for someone fatally injured.

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

Where to apply

PIAB’s leaflet Claimant Guide (pdf) contains further information on the application and assessment process. 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, contact 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
Page edited: 14 April 2021