Does the "personal injuries board" make assessment and then contact insurance company

micky007

Hi
I was reading a few treads about the injuries board with different answers.
If someone fills in the forms and sends in the reports etc.. to the PIB,do they value the claim and tell the insurance company how much they think should be paid out???
or do they just ask the insurance company are they happy to go ahead with the claim and then value it at a later stage???

Contra Proferentem

I believe that, in theory, PIAB seeks to find out if the respondent will challenge the process and then values the claim.

But I'm not certain. Obviously that would seem like a common sense approach, but a lot of practitioners in this area tell me the PIAB takes anything but the common sense approach in other matters so I can't be certain.

Either way it won't stop the insurance company writing to the client with offers of money while the PIAB process has stopped the clock and is ongoing for 15 months or so in an effort for the claim to be settled outside of PIAB and/or the Courts for what is likely to be less than the perceived or actual value of the claim.

chasm

micky007 wrote: »

Hi
I was reading a few treads about the injuries board with different answers.
If someone fills in the forms and sends in the reports etc.. to the PIB,do they value the claim and tell the insurance company how much they think should be paid out???
or do they just ask the insurance company are they happy to go ahead with the claim and then value it at a later stage???

From the Injuries Board website:
At a Glance .... How InjuriesBoard.ie works

1 Claim is submitted to InjuriesBoard.ie ether online or by post to InjuriesBoard.ie, P.O. Box 8, Clonakilty, Co. Cork.

2 InjuriesBoard.ie send a Formal Notice of the Claim to the Respondent (A Respondent is the term we use to describe the Person or Entity against whom a claim is made).

3 Respondent consents to an InjuriesBoard.ie assessment.

4 InjuriesBoard.ie arrange an Independent Medical Examination and request details of out of pocket expenses. Without full details of the injuries and out of pocket expenses the assessment will not reflect fully the pain, suffering and expense incurred by the injured party.

5 Assessment is made and Claimant and Respondent are notified of assessment i.e. level of compensation being awarded.

6 Both parties accept the assessment and InjuriesBoard.ie issues an Order to Pay.

http://www.injuriesboard.ie/eng/Making_a_Claim/Making_a_Claim.html

That's the short version of it, scroll down in the link for more detailed description.
I went through the IB process about 2 years ago and it was pretty much how it is described above. when IB receive your claim form they notify the respondent(or other insurance company) that they have received the claim. The respondent then notifies them as to whether they agree to the IB doing the assessment or not. If they agree, then the IB proceed with the assessment, which in my case involved sending in updated medical reports and physio reports etc, and i was then sent for an independent medical, then when they received the independent medical report they assess the value of the claim, and invite you to send an updated form with your costs/out of pocket expenses to date. they then notify both you and the respondent as to their final assessment and both you and the respondent have the option to accept or refuse. In my case the insurance company rang me not long after they received the final assessment and asked me if i was intending to accept it, when i said i was they were quick to get their acceptance faxed back to the IB and it was settled fairly quickly after that.

dats_right

In short the process goes something like this:-


1. Claimant submits application to PIAB together with fee and medical report.

2. PIAB write to respondent or their insurers and ask do they consent to PIAB assessing the claim.

3. If the respondent rejects PIAB assessing the claim an Authoriation issues allowing the claimant bring court proceedings. If the respondent accepts, PIAB will assess the value of the claim based on the information sent to them by claimant and the independent medical assessment.

4. PIAB notify both parties of their award. At this stage it is still open to either party to reject the award, and if this happens, similar to above, an Authorisation will issue. If the award is accepted by both sides then PIAB issue an Order to Pay directing the respondent to pay the amount awarded.

micky007

Hi
Does the PIB send the injuried persons medical report to the insurance company or the driver of the other car??

a lawyer

standard procedure is they send the medical to both the driver and insurer when notifying them of the claim

micky007

I never really thought of it that way,but it would be one way to make sure things match up.