Personal Injuries Assessment

How to make an application to 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.

To make a personal injury claim for compensation you can:

• Submit your application online or
• Submit your application by post to the Personal Injuries Assessment Board
• Call the PIAB service centre on 0818 829 121

You need the following to complete your application by post:

• A completed Application Form (Form A) (pdf)
• A Medical Assessment Form (Form B) (pdf) completed by your treating doctor.
• Payment.

You should also provide receipts for any financial loss that you had as a result of the accident, together with any other documentation that is 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 can apply online or by post. You must use a Fatal Accident Application Form (Form A) (pdf) when claiming for someone fatally injured.

Do I need a solicitor?

You don’t need to use a solicitor but you can use one if you want to.

Offences

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

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

How are claims assessed?

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.

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.

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 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, 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 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, 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.

What if the respondent disagrees with the amount of compensation?

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.

What if I disagree but respondent agrees?

Where the respondent agrees with the assessment but you do not, PIAB will give you an Authorisation 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.

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.

Compensation amounts

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.

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.

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.