Lettter of Claim? What's required?

chasm

Hi Guys

Was just reading on the PIAB site that before you lodge a claim for assessment you must send a letter of claim to the respondant, within 2 months of the cause of action.

How is the ordinary man/woman on the street supposed to know what a "letter of claim" entails. I thought the idea of the PIAB was to enable a person to make a claim without the need for a solicitor.

Can anyone tell me what details a letter of claim is required to contain?

Thanks in advance

a lawyer

i'd google Section 8 of the Civil Liability and Courts Act 2004

I'd then, if you are not going to use a solicitor, ask PIAB to advise you exactly what should go in the letter (and see if you get a coherent reply)- ask them what pitfalls you should avoid

chasm

I emailed PIAB- and am awaiting a response.

A quick google search and i found this mine of information-

The Act is silent on the format or content of the letter of claim except
to indicate in section 8 (1) that it should make reference to the 'nature
of the wrong' alleged to have been committed by the recipient(s).

and this-

It is difficult to see how a claimant/plaintiff could draft such a complex
letter without the help of a solicitor. Indeed, I think it is fair to assume
that very few claimants/plaintiffs would even know that such letters of
claim or O'Byrne letters are necessary

So if you wish to follow all legal reqiuirements to bring a case for compensation you obviously need someone to act on your behalf- Yet you will be expected to pay for these legal costs yourself! (i will leave that argument for another day!!)

Our man in Havana

It shows what a farce PIAB is.

chasm

Bond-007 wrote: »

It shows what a farce PIAB is.

I must admit that i liked the idea of the PIAB, but now, when there is a strong likelihood of having to lodge a claim myself i have been reading up a bit about it and its seemsto be like every other mickey mouse, half planned ideas we are so good at producing.

I especially think that there are some privacy/data protection issues that could possibly need addressing as regards the respondant receiving a copy of the claimants medical forms, and surely that in itself would make alot of claimants wary about having certain information contained in it, yet the medical form is an important part of your claim. Am surprised this has never been challenged actually.

focusing

Get a solicitor if your injury is either serious (broken bone, scar or similar) or has had serious consequences for you (lost wages, ongoing pain and suffering).

They'll make sure you aren't short-changed in the PIAB process.

dats_right

Regardless of whether you locate a precedent letter of claim you can use, the fact remains that you will not have the knowledge or experience to process your own claim adequately. You may well muddle through and get an Award from PIAB but how will you judge whether you have been adequately compensated or what will you do if the award is ultimately rejected by the respondent?

This is a serious matter and you will undoubtedly prejudice your own interests by trying to conduct matters yourself. Make no mistakes insurance companies will seek to exploit your inexperience and lack of knowledge. OP, do yourself a favour go see your solicitor who will understand the procedures better than you and will be able to offer expert, professional advice on your claim. Okay, you might have to pay for it if you accept a PIAB award, you probably won't if court proceedings are issued and most importantly by instructing a solicitor it could well result in obtaining more compensation than you acting on your own. Besides insurance companies often pay a contribution towards legal fees if matters are resolved pre PIAB.

a lawyer

op - i take it no reply from piab then?

maybe ring their "helpline" and take a note of what they tell you

chasm

a lawyer wrote: »

op - i take it no reply from piab then?

maybe ring their "helpline" and take a note of what they tell you

Right freaky stuff going on!!- Just about to reply that i phoned them the other day- and my phone rings- PIAB responding to my email:eek: (Told the same thing by both-which helps lol)


Anyway, I have to outline when/where accident happened and my injuries (briefly), and that i am considering lodging a claim with the injuries board seeking compensation.

a lawyer

as PIAB are giving legal advice i hope they have their insurance cover sorted out

(particularly if that's the level of advice on offer!)

unfortunately can't really comment in more detail as might stray into realm of giving legal advice on this websie