personal injuries board inquiry......

micky007

Hello
My wife was in a car accident at the start of the year,she was hit from behind and the other driver looking everywhere but in front of him.she still to this day has problems with her neck/back and on alot of medication.since the accident she is having severe anxiety and suffering depression.
I went to a solicitor a few months ago and he told me about PIB.The solicitor says wait to see how she is getting on and then lodge her case with the PIB.but what i have read on line,they dont deal with complex cases and they never mension stress/depression.????????????
will she have to wait until the solicitor lodges the case and then after 9months to be told they cant deal with it and let it go to court???????????
does anyone have any experience with the PIB??how long after they lodge the claim they hear back from them.?????????????????
Thanks for any advice...

MagicSean

Check out injuriesboard.ie. There is also a representative that sometimes posts on the forum.

Esoteric_

Injuries Board are brilliant, in my experience. I had an accident and the way I was treated after the accident (I knew the people involved) combined with the injury itself, led to my anti-depressants being doubled and I was extremely stressed and depressed. This was all taken into account.

What you need to do is go to injuriesboard.ie. There, you can fill out the form and send it off to them with payment of 45 euro. They'll send you back a letter containing the medical forms for your doctor to fill (most GPs charge in the region of 250 for this) and forms for yourself to fill.

I always found them extremely fast at getting back to me, and very helpful, too. My case was settled within 3 months of sending my first letter to the Injuries Board and the mental health effects (depression, stress) were taken into account as they were exacerbated by the physical injuries.

MagicSean

How long did you wait before sending in the form? Do you wait til you finish treatment or just until you get the diagnosis?

youtube!

Getting compensation for feeling depressed after an accident doesnt seem justified to me, if you have whiplash or a broken leg or whatever then fair enough but surely anyone can get depressed for other reasons not related to an accident, compensation culture is so overboard in this great little country of ours...

injuriesboard

Hi micky007,

I'm sorry to hear about your wifes accident.

InjuriesBoard.ie (previously called the Personal Injuries Assessment Board / PIAB) was established in 2004 and is the independent statutory body that assesses all claims for compensation resulting from personal injuries suffered in workplace, motor and public place accidents. Claims of this nature must be submitted to the Injuries Board.

Our process is quite straightforward and by law we have specific timelines for each portion of our process.

Your wife can come to the Board directly or use an solicitor to assist with her claim.

We have a number of sections on our website (www.injuriesboard.ie) that might be useful. A video outlining our process can be found here as well as our Making a Claim Section and our FAQ section.
Our Service Centre is open 8am to 8pm, Monday to Friday on LoCall 1890 829 121.

In brief our process works as follows:
Once all the documentation has been received by InjuriesBoard.ie (application, medical from treating doctor(s) and €45 fee) the Board contacts the person the claimant is holding responsible. In motor liability cases this is normally an insurance company (the Respondant).
The Respondant has 90 days to decide if they are happy for InjuriesBoard.ie to make an assessment.
If the Respondant consents to the assessment the Board makes its assessment within 9 months of receiving the consent.
InjuriesBoard.ie then issuess a Letter of Assessment to the parties. This gives the details of the Award.
The Claimant has 28 days to decide if they want to accept and the Respondent has 21 days to decide if they want to accept.

In some instances the claim might be released by the Board and a document called an Authorisation is issued by the Board. This document enables the Claimant to continue with the claim in the Court System. For example, this might happen if the Respondent doesn't want to Board to make the Assessment or if one or both parties reject the Boards assessment.

If a Claimant is asked to attend one of the InjuriesBoard.ie panel medical practitioners the specilisation of that doctor will depend on the nature of your injury e.g. orthapedic, emergency medicine, neurologist, psychologist etc.
This means that we have the capacity to assess the damages for the majority of injuries and can assess multiple injuries.

When our assessors are making an Assessment, they review all of the medical evidence submitted and have regard to the Book of Quantum (which, by law, must also be used by the Courts).

I hope you find this information helpful.

micky007

Thanks for all your help.
99.9% of people would prefare if accidents never happened.i wish my wife of 35years was the woman she was before the accident,now she more or less crippled and afraid to go anywere in the car.been depressed and afraid to go in cars is no joke.the mind can leave us trapped+very afraid and from the out-side they might put a brave face on........but inside they are going through hell..

McCrack

injuriesboard wrote: »

Hi micky007,

I'm sorry to hear about your wifes accident.

InjuriesBoard.ie (previously called the Personal Injuries Assessment Board / PIAB) was established in 2004 and is the independent statutory body that assesses all claims for compensation resulting from personal injuries suffered in workplace, motor and public place accidents. Claims of this nature must be submitted to the Injuries Board.

Our process is quite straightforward and by law we have specific timelines for each portion of our process.

Your wife can come to the Board directly or use an solicitor to assist with her claim.

We have a number of sections on our website (www.injuriesboard.ie) that might be useful. A video outlining our process can be found here as well as our Making a Claim Section and our FAQ section.
Our Service Centre is open 8am to 8pm, Monday to Friday on LoCall 1890 829 121.

In brief our process works as follows:
Once all the documentation has been received by InjuriesBoard.ie (application, medical from treating doctor(s) and €45 fee) the Board contacts the person the claimant is holding responsible. In motor liability cases this is normally an insurance company (the Respondant).
The Respondant has 90 days to decide if they are happy for InjuriesBoard.ie to make an assessment.
If the Respondant consents to the assessment the Board makes its assessment within 9 months of receiving the consent.
InjuriesBoard.ie then issuess a Letter of Assessment to the parties. This gives the details of the Award.
The Claimant has 28 days to decide if they want to accept and the Respondent has 21 days to decide if they want to accept.

In some instances the claim might be released by the Board and a document called an Authorisation is issued by the Board. This document enables the Claimant to continue with the claim in the Court System. For example, this might happen if the Respondent doesn't want to Board to make the Assessment or if one or both parties reject the Boards assessment.

If a Claimant is asked to attend one of the InjuriesBoard.ie panel medical practitioners the specilisation of that doctor will depend on the nature of your injury e.g. orthapedic, emergency medicine, neurologist, psychologist etc.
This means that we have the capacity to assess the damages for the majority of injuries and can assess multiple injuries.

When our assessors are making an Assessment, they review all of the medical evidence submitted and have regard to the Book of Quantum (which, by law, must also be used by the Courts).

I hope you find this information helpful.

That's all lovely and happy clappy stuff but to call a spade a spade the Injuries Board is a pawn of the insurance industry, set up by the government bowing to vested interest pressure. It's fundamentally biased against the injured party.

If the injured party doesn't submit €45 with his/her application it gets rejected. If the Respondent (bad guy) ignores the Injuries Board the Board will go ahead anyway and assess by default, i.e take it upon themselves to assess and delay matters when the bad guy has no intention of paying.

Bad guys use it to delay the injured parties claim by up to a year (90 days to decide and 9 months to assess)

PIAB (A) Act 2007, solicitor/client fee no longer recoverable. In other words an injured party has to pay his legal fee for a solicitor acting on his behalf and the bad guy doesn't which is normal in litigation ie. person at fault pays.

And lets just be clear on this, most injured people have zero experience of the Injuries Board, method and tactics, and the bad guy 9/10 has an insurance company indemnifying him with all the knowledge and experience that an insurance company has in defending/settling claims.

In my experience claimants get a fairer award through the civil courts, I have yet to see settlement/award lower than an Injuries Board Assessment.

Injuries Board I'd be interested to hear your comments on the above.

McCrack

micky007 wrote: »

Thanks for all your help.
99.9% of people would prefare if accidents never happened.i wish my wife of 35years was the woman she was before the accident,now she more or less crippled and afraid to go anywere in the car.been depressed and afraid to go in cars is no joke.the mind can leave us trapped+very afraid and from the out-side they might put a brave face on........but inside they are going through hell..

Your wife is symptomatic, it would be a folly to rush settlement with the Injuries Board (presuming the person who crashed into her consents to them doing so (which in reality is his/her insurance company), she is best advised to consult with an independent expert that is a personal injury solicitor.

naughto

McCrack wrote: »

That's all lovely and happy clappy stuff but to call a spade a spade the Injuries Board is a pawn of the insurance industry, set up by the government bowing to vested interest pressure. It's fundamentally biased against the injured party.

If the injured party doesn't submit €45 with his/her application it gets rejected. If the Respondent (bad guy) ignores the Injuries Board the Board will go ahead anyway and assess by default, i.e take it upon themselves to assess and delay matters when the bad guy has no intention of paying.

Bad guys use it to delay the injured parties claim by up to a year (90 days to decide and 9 months to assess)

PIAB (A) Act 2007, solicitor/client fee no longer recoverable. In other words an injured party has to pay his legal fee for a solicitor acting on his behalf and the bad guy doesn't which is normal in litigation ie. person at fault pays.

And lets just be clear on this, most injured people have zero experience of the Injuries Board, method and tactics, and the bad guy 9/10 has an insurance company indemnifying him with all the knowledge and experience that an insurance company has in defending/settling claims.

In my experience claimants get a fairer award through the civil courts, I have yet to see settlement/award lower than an Injuries Board Assessment.

Injuries Board I'd be interested to hear your comments on the above.

i too would like to hear what the Injuries Board rep has to say to above comment

micky007

GOSH..So if my wife used a solicitor for her case,god only knows what she would be charged...
But on the other hand a solicitor will know the crac+get the best deal??

McCrack

Your wife is best advised to seek expert independent legal advice.

Or of course she can go alone but you know what they say about having a fool for a client...

drkpower

McCrack wrote: »

That's all lovely and happy clappy stuff but to call a spade a spade the Injuries Board is a pawn of the insurance industry, set up by the government bowing to vested interest pressure. It's fundamentally biased against the injured party.

If the injured party doesn't submit €45 with his/her application it gets rejected. If the Respondent (bad guy) ignores the Injuries Board the Board will go ahead anyway and assess by default, i.e take it upon themselves to assess and delay matters when the bad guy has no intention of paying.

Bad guys use it to delay the injured parties claim by up to a year (90 days to decide and 9 months to assess)

PIAB (A) Act 2007, solicitor/client fee no longer recoverable. In other words an injured party has to pay his legal fee for a solicitor acting on his behalf and the bad guy doesn't which is normal in litigation ie. person at fault pays.

And lets just be clear on this, most injured people have zero experience of the Injuries Board, method and tactics, and the bad guy 9/10 has an insurance company indemnifying him with all the knowledge and experience that an insurance company has in defending/settling claims.

In my experience claimants get a fairer award through the civil courts, I have yet to see settlement/award lower than an Injuries Board Assessment.

Injuries Board I'd be interested to hear your comments on the above.

Lol!
You dont help your argument by references to bad guys (vs. presumably good guys) ...... Reality isnt always so simple.

Doinker

McCrack wrote: »

That's all lovely and happy clappy stuff but to call a spade a spade the Injuries Board is a pawn of the insurance industry, set up by the government bowing to vested interest pressure. It's fundamentally biased against the injured party.

If the injured party doesn't submit €45 with his/her application it gets rejected. If the Respondent (bad guy) ignores the Injuries Board the Board will go ahead anyway and assess by default, i.e take it upon themselves to assess and delay matters when the bad guy has no intention of paying.

Bad guys use it to delay the injured parties claim by up to a year (90 days to decide and 9 months to assess)

PIAB (A) Act 2007, solicitor/client fee no longer recoverable. In other words an injured party has to pay his legal fee for a solicitor acting on his behalf and the bad guy doesn't which is normal in litigation ie. person at fault pays.

And lets just be clear on this, most injured people have zero experience of the Injuries Board, method and tactics, and the bad guy 9/10 has an insurance company indemnifying him with all the knowledge and experience that an insurance company has in defending/settling claims.

In my experience claimants get a fairer award through the civil courts, I have yet to see settlement/award lower than an Injuries Board Assessment.

Injuries Board I'd be interested to hear your comments on the above.

You don't happen to be a solicitor by any chance?

Victor

youtube! wrote: »

Getting compensation for feeling depressed after an accident doesnt seem justified to me, if you have whiplash or a broken leg or whatever then fair enough but surely anyone can get depressed for other reasons not related to an accident, compensation culture is so overboard in this great little country of ours...

And anyone could break a leg, at any time. Why should they get compensation?

With a broken leg, you might be able to get about again after 2-3 months. With post traumatic stress disorder your condition may not be obvious for 3 months and may take years to resolve. You may suffer anxiety, stress and depression. You may be prone to outbursts that may of may not be violent. You may over react or not react at all.

You income and personal life may be severely affected.

There but for the grace of God, go you (but not me).

MagicSean

I have to disagree with mccrack. The injuries board helps to speed things up and offer fairer compensation deals. You might get a much bigger claim in the civil courts but that doesn't make it fairer. It's also very unlikely that a civil case would have been anywhere near completed in the time it takes the injuries board to do it's thing.

McCrack

drkpower wrote: »

Lol!
You dont help your argument by references to bad guys (vs. presumably good guys) ...... Reality isnt always so simple.

I could have used correct terminology but I was trying to simplify it for non-legal people reading.

McCrack

Doinker wrote: »

You don't happen to be a solicitor by any chance?

Well I don't have vested anti-claimant interests (Injuries Board and insurance industry)

McCrack

Seanbeag1 wrote: »

I have to disagree with mccrack. The injuries board helps to speed things up and offer fairer compensation deals. You might get a much bigger claim in the civil courts but that doesn't make it fairer. It's also very unlikely that a civil case would have been anywhere near completed in the time it takes the injuries board to do it's thing.

That very much at odds with my experience. Settlement/civil courts award a plaintiff what is fair, in my experience the Injuries Board assessment has never matched or beaten that.

Personal Injury claims should not be rushed, more often than not injured people are symptomatic and remain to for quite some time post injury.

MagicSean

McCrack wrote: »

That very much at odds with my experience. Settlement/civil courts award a plaintiff what is fair, in my experience the Injuries Board assessment has never matched or beaten that.

Personal Injury claims should not be rushed, more often than not injured people are symptomatic and remain to for quite some time post injury.

It depends on your definition of fair. To me the term means payment of medical expenses (past and future) plus a small amount for suffering.

markesmith

OP, sorry to hear about your wife's troubles.

If I was you I would give a solicitor a call in regard to this. A solicitor will give you the answers you need.

I've referred another user to this article on the PIAB, which sums it up fairly simply. No connection with the solicitor, I just saw it as a fair summation of what the PIAB's role is in all this.

youtube!

Victor wrote: »

And anyone could break a leg, at any time. Why should they get compensation?

With a broken leg, you might be able to get about again after 2-3 months. With post traumatic stress disorder your condition may not be obvious for 3 months and may take years to resolve. You may suffer anxiety, stress and depression. You may be prone to outbursts that may of may not be violent. You may over react or not react at all.

You income and personal life may be severely affected.

There but for the grace of God, go you (but not me).

But this lady was hit from behind in a car and got whiplash,its not like she was a soldier in the vietman war for gods sake! It is simply one of those things that can be greatly exaggerated for the purpose of a bigger payout, do you not agree we have a huge problem in the insurance industry (along with every other area in Irish society it seems) with massive ovepayments?
It is no wonder we are in so much deep water, in the UK the scale of payments for these kind of accidents is nowhere near as much and I doubt they would even entertain a claim for PTSD in such a minor accident, sounds like a crock to me.

ResearchWill

youtube! wrote: »

But this lady was hit from behind in a car and got whiplash,its not like she was a soldier in the vietman war for gods sake! It is simply one of those things that can be greatly exaggerated for the purpose of a bigger payout, do you not agree we have a huge problem in the insurance industry (along with every other area in Irish society it seems) with massive ovepayments?
It is no wonder we are in so much deep water, in the UK the scale of payments for these kind of accidents is nowhere near as much and I doubt they would even entertain a claim in such a minor accident, sounds like a crock to me.

I remember talking to a claims person in an insurance company recently, had exactly the same view as you about whiplash injuries, until his wife was in an accident, and he saw on a daily basis the pain she went through.

Doinker

McCrack wrote: »

Well I don't have vested anti-claimant interests (Injuries Board and insurance industry)

Thats handy to know, but its not answering the question I asked.

If you are a solicitor you may be bias against the Injuries Board/PIAB, as the establishment of Injuries Board/PIAB has reduced an income stream that was available to solicitors via personal injuries claims.

Doinker

youtube! wrote: »

Getting compensation for feeling depressed after an accident doesnt seem justified to me, if you have whiplash or a broken leg or whatever then fair enough but surely anyone can get depressed for other reasons not related to an accident, compensation culture is so overboard in this great little country of ours...

And surely someone can get depressed due to someone elses negligence, and if so should be compensated for it.

Thats a very dismissive attitude towards mental health issues.

youtube!

ResearchWill wrote: »

I remember talking to a claims person in an insurance company recently, had exactly the same view as you about whiplash injuries, until his wife was in an accident, and he saw on a daily basis the pain she went through.

No you see you havent read what i wrote properly atall have you? Where did I say I had a problem with genuine whiplash injuries being compensated fairly?
I said that the payments in general are way above the UK and probably knowing this country almost every other country in the western world however that does not mean an appropriate level of payment cannot be awarded, what I do have a problem with however is someone claiming a mental disorder on the back of what is essentially a minor accident.

I would consider it for a major life threatening accident or a voilent crime for example but please do me a favour if you think someone should be considered a PTSD case after a belt from behind, I mean if that happens you just get over it and get on with your life, phsyically it is troubling but mentally its nothing.

McCrack

Doinker wrote: »

Thats handy to know, but its not answering the question I asked.

If you are a solicitor you may be bias against the Injuries Board/PIAB, as the establishment of Injuries Board/PIAB has reduced an income stream that was available to solicitors via personal injuries claims.

It hasnt, in fact the majority of claims are taken out of the Injuries Board and settled in the traditional way. The only thing it has done is added delay to the injured parties resolution of the matter. The typical solicitor/client fee for Injuries Board work is €1,500-2,000 plus Vat. So the instructed solicitor receives this fee on top of the usual party party costs he/she will receive. As I have already pointed out since PIAB (A) Act 2007 the Injuries Board solicitor fee has to be paid by the injured party.

It really is a sham for plaintiffs.

McCrack

youtube! wrote: »

No you see you havent read what i wrote properly atall have you? Where did I say I had a problem with genuine whiplash injuries being compensated fairly?
I said that the payments in general are way above the UK and probably knowing this country almost every other country in the western world however that does not mean an appropriate level of payment cannot be awarded, what I do have a problem with however is someone claiming a mental disorder on the back of what is essentially a minor accident.

I would consider it for a major life threatening accident or a voilent crime for example but please do me a favour if you think someone should be considered a PTSD case after a belt from behind, I mean if that happens you just get over it and get on with your life, phsyically it is troubling but mentally its nothing.

There's a old legal principle that you take the plaintiff as you find them, so if one injured person suffers psychological (diagnosed by a medical practitioner) injury from a car accident and another doesn't so be it.

Also Irish quantum for personal injury is not "way above" the UK.

youtube!

Ah the old eggshell skull theory I am well aware of it, however I still say after a minor enough tip resulting in whiplash there is no way someone can be traumatised to the degree that they wont get into a car again. If they were cut out of the wrecage then fair enough,but come on not this.
Also you say UK payouts are not way above Irish ones well the average payout for a whiplash injury is 3500 sterling, that is way below the irish average I am sure


http://www.youclaim.co.uk/whiplash/payouts-for-whiplash-and-thatcham-testing-scores.htm

micky007

Hello
I will leave it another month or so to decide what to do.thats the problem with this country,mental issues are made a joke out of.just because people cant see a big open wound,they think there is no problem.believe me,as far as i can see,mental issues are alot worse than a broken arm etc....

kennM

youtube! wrote: »

But this lady was hit from behind in a car and got whiplash,its not like she was a soldier in the vietman war for gods sake! It is simply one of those things that can be greatly exaggerated for the purpose of a bigger payout, do you not agree we have a huge problem in the insurance industry (along with every other area in Irish society it seems) with massive ovepayments?
It is no wonder we are in so much deep water, in the UK the scale of payments for these kind of accidents is nowhere near as much and I doubt they would even entertain a claim for PTSD in such a minor accident, sounds like a crock to me.

Hey Youtube,

Have to say..... spoken from the viewpoint of someone who has never been involved in any sort of serious traffic accident. I could say the same before July 2010 however was seriously injured in an RTA.

As long as injuries are backed up by medical professionals then thats the litmus test to eliminate exagerated claims etc. Your perspective of whats fair becomes a whole lot clearer when you realise you may live the rest of of your life in pain, or loss of function of a limb or increased risk of arthritis, etc. etc. etc.

kennM

youtube! wrote: »

Ah the old eggshell skull theory I am well aware of it, however I still say after a minor enough tip resulting in whiplash there is no way someone can be traumatised to the degree that they wont get into a car again. If they were cut out of the wrecage then fair enough,but come on not this.
Also you say UK payouts are not way above Irish ones well the average payout for a whiplash injury is 3500 sterling, that is way below the irish average I am sure


http://www.youclaim.co.uk/whiplash/payouts-for-whiplash-and-thatcham-testing-scores.htm

Hey Youtube,

At the end of the day you can't make a statement like based off comparing a single injury.... i.e. whiplash. Thats like saying people in a certain country are paid so much more than another country because a doctor is paid more. Its in no way representative whatsoever....

Anyway we are diverting away from the original thread so I'll bring it back.

Micky007.... firstly I'm not a solictor and in no way involved in the legal profession. I am someone in a similar situation. Seriously injured in an RTA last year. Haven't started the ball rolling properly yet with PIAB until I establish an exact prognosis on some remaining injuries.

What I would personally advise is to seek appropriate medical advise and treatment regarding the issues your wife is facing. The reality is all injuries both physical and psychological will have to be confirmed and a prognosis established before injuries board can effectively assess this. Regarding injuries, time gives clarity regarding long lasting effects..... if you are not in a rush for the money etc. give it time. God willing the psychological effects may ease and resolve completely.

ResearchWill

youtube! wrote: »

ResearchWill wrote: »

I remember talking to a claims person in an insurance company recently, had exactly the same view as you about whiplash injuries, until his wife was in an accident, and he saw on a daily basis the pain she went through.

No you see you havent read what i wrote properly atall have you? Where did I say I had a problem with genuine whiplash injuries being compensated fairly?
I said that the payments in general are way above the UK and probably knowing this country almost every other country in the western world however that does not mean an appropriate level of payment cannot be awarded, what I do have a problem with however is someone claiming a mental disorder on the back of what is essentially a minor accident.

I would consider it for a major life threatening accident or a voilent crime for example but please do me a favour if you think someone should be considered a PTSD case after a belt from behind, I mean if that happens you just get over it and get on with your life, phsyically it is troubling but mentally its nothing.

You said and I quote "But this lady was hit from behind in a car and got whiplash,its not like she was a soldier in the vietman war for gods sake!"

I never mentioned PTSD, and while I agree that it is possible to over state whiplash and soft tissue injuries it does not take away from the reality of same for a lit of people.

In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

Robbo

ResearchWill wrote: »

In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

A fair point. In 2003 I was in an RTA in England, thankfully nothing more than some cuts and bruises. When they were discharging me from the hospital, I asked how much I owed. They laughed at me and said that as long as I had a National Insurance number, no charge and no forms to fill in.

I'd imagine the sheer awesomeness of the NHS will also colour awards in terms of medical costs into the future, for as long as the public NHS lasts under Cameron.

micky007

Hello
I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
Does the pib send the reports to the other driver once they receive them from the injured party?
so if they need follow up reports,the driver will keep getting up to date reports from injured party!
thanks

ResearchWill

micky007 wrote: »

Hello
I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
Does the pib send the reports to the other driver once they receive them from the injured party?
so if they need follow up reports,the driver will keep getting up to date reports from injured party!
thanks

Remember you have only 2 years to issue proceedings. You also should issue a warning letter. If your wife's symptoms have not settled, it does no harm to issue proceedings. Any good solicitor should be able to advise on all the issues.

Jo King

ResearchWill wrote: »

In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

It is mostly because of General damages that the awards are higher than in England.

ResearchWill

Jo King wrote: »

ResearchWill wrote: »

In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

It is mostly because of General damages that the awards are higher in England.

I believe that most insurance companies claim that damages in England and Wales are lower than here. If you are saying that on the other hand that pain and suffering actually pays more across the water, I would love to see the research, to rub the insurance companies nose in it.

Jo King

ResearchWill wrote: »

I believe that most insurance companies claim that damages in England and Wales are lower than here. If you are saying that on the other hand that pain and suffering actually pays more across the water, I would love to see the research, to rub the insurance companies nose in it.

I made a typo. I have corrected my post. There are no General Damages paid at all in England.

kennM

micky007 wrote: »

Hello
I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
Does the pib send the reports to the other driver once they receive them from the injured party?
so if they need follow up reports,the driver will keep getting up to date reports from injured party!
thanks

Hi Micky007.... to be honest I'm not 100% sure on all your above questions but I'll answer to the best that I know.

1) But would I be wasting my time if I started the ball rolling and sent in the froms/reports when is still receiving treatment - Don't think so. How long ago was the accident? Whats the prognosis looking like? To determine a resolution I would suspect that injuries board needs to know what the long term prognosis is like

2) Does the pib send the reports to the other driver once they receive them from the injured party? - Not sure. Speaking personally the other insurance company sent me to their own specialist to be assessed. So I would assume that provides them with the information they need. Solicitor or injuries board can probably advise. Ring the injuries board with questions like that perhaps?

3) so if they need follow up reports,the driver will keep getting up to date reports from injured party! - I don't believe the driver gets these reports. I believe the drivers insurance company gets them. Once liability is NOT in dispute then PIAB/your solicitor will deal with the insurance company. The other driver has no say I believe.

naughto

get a solicitor mickey07 it will give your peace and mind as you seem to be all over the place with this,he/she will tell your ifu have a case or not.dont leave it on the long finger do it to day and get the ball rooling.its over 3 yrs since my accident ive gone to god knows how many doctors,specialst you name it ive see them and iam still no better than the day it happened.

the piab in my case delayed my case a lot my solicator even told me that it would but we had to go through piab any way.if have any questions pm me and see if ican ans them for you

MagicSean

You can update your claim before the final assessment is made. I was recently involved in a collision and have to claim through the injuries board. I decided to retain a solicitor. He is paying for the medical reports and application fee and deducting the cost of them plus a flat fee from the final settlement. It saves me a lot of hassle and worry.

naughto

i decided to pay for all my reports doc,engineers,ect ect on the spot the solicator said i had to option so i did.my case is now in court we are waiting to get a date

Suzette

Hi Micky007,

The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

The process works as follows:

Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

The respondent has 90 days in which to either consent or not consent to the assessment.

If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

a lawyer

Suzette wrote: »

Hi Micky007,

The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

The process works as follows:

Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

The respondent has 90 days in which to either consent or not consent to the assessment.

If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

Cards on table time I think! What field do you work in?

McCrack

Suzette wrote: »

Hi Micky007,

The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

The process works as follows:

Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

The respondent has 90 days in which to either consent or not consent to the assessment.

If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

Get off the stage. I have described in previous posts everything that is wrong with the Injuries Board but to summarise:

It's a pawn of the insurance industry

It's fundamentally biased against the injured party

Legislation is against the injured party, specifically the PIAB (A) Act 2007

I have yet to see an settlement/award lower than an Injuries Board Assessment. That indicates to me that the level of assessment measured by the Injuries Board have always been inadequate.

To suggest an injured party should not instruct a solicitor and go it alone is ridiculous. The Injuries Board has legal expertise and invariably the Respondent will too as more often than not it's an insurance company indemnifying it. The Injuries Board will do anything it can to keep the matter in to bolster its end of year statistics.

And if you are connected with the Injuries Board you will know it's more then a solicitor filling out a form on behalf of a client. Instructions have to be taken, medical arranged, correspondence to proposed respondent, many correspondence with Injuries Board, using professional tactics to get the matter in and out as quickly as possible so we can get on with the real business of litigating and achieving a fair result.

ResearchWill

Suzette wrote: »

Hi Micky007,

The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

The process works as follows:

Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

The respondent has 90 days in which to either consent or not consent to the assessment.

If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

Everything you say of course is correct, but I note you leave out one of the main pitfalls in the PIAB process. If a claimant turns down an award and later in court gets less the PZiAB award is treated like a tender and so there are issues related to costs. This is why in my opinion a solicitor can be very necessary.

Pat Mustard

Suzette wrote: »

Hi Micky007,

There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

This is some of the worst advice I have read.

If the Injuries Board makes an assessment, how will Mickey007 know if it is fair or if it is light? How will he or his wife know whether they should accept it?

As ResearchWill previously pointed out, if he turns down the assessment, and then goes to court and doesn't do any better, then he won't get his legal costs and he may have to pay the other party's costs.

Mickey007, you are getting conflicting advice from different people. Some of the advice is wrong.

I can only say that you should get someone to recommend a competent solicitor so that you can get professional advice for yourself.

Pat Mustard

a lawyer wrote: »

Cards on table time I think! What field do you work in?

http://www.boards.ie/vbulletin/showthread.php?p=67657822

Insurance

micky007

hello
Has anyone on here had any dealings directly with the PIB and what are there experiences?
Do they always stay with-in there time limits or can they be very quick with dealing with them?
Are there compensation amounts genuine?
I made an appointment to see a solicitor next week,just want to be up to speed with everything....
AS some-one pointed out,it all seems a big game and the injured party is the pawn.
There is no point in going to play a game with our eyes closed..!

micky007

ANYONE ??????????????????????