advice needed about injuries board

lighting

I was in an accident over a year ago. I was a front seat passenger. the 90 days are up and the other drivers insurance company has not replied to the injuries board. I was lead to believe they must respond within 90 days. whats the procedure now. I tried to ask my solicitor. but he does not believe in returning calls.

lighting

I am talking about the 90 days they have to agree or decline the injuries board assessing the claim.

miller50841

You could still be waiting at least 2 to 3 years and in some cases more.

It all depends on if other insurance disagrees with your claim and then drag it onto court.

Happened and is happening to me again....

lighting

thanks miller.

but since they have not made any contact within the 90 days. do the injuries board just go ahead and assess the claim or do they leave it to the courts.

miller50841

From what is happening to me now it's ongoing since Jan 2012.

I think the main role for the board is to try and cut out the fake claims more then speed up the process.

I was hit 4 years ago by a woman running a red light and had to wait over 3 years to get the money to fix my vehicle,
The last crash I have a witness that was in another car traveling behind who saw it all and still the other insurance will not pay up and I had to get my own solicitor as even my insurance company were rubbish.

lighting

I have googled everthing looking for an answer. the best I can find is (they must respond in 90 days, but not a word about if they don't respond in 90 days, what happens.)


im the innocent party I was not driving. the car I was in was not at fault. but the other driver is claiming 50/50. the insurance provider of the driver of the car I was in declined the other drivers claim within the 90 days. it was quite a serious accident.

what I am trying to find out is. because the other drivers insurance did not respond within 90 days. does the injuries board just go ahead and assess the claim. if this is the case. they have 9 mths to do this. then what happens.

miller50841

All I will say is dont be waiting by the phone or sit out waiting for the postman.

Every system we have here as you probably know does not work right and probably never will it will be a long wait.

Hope your injuries aren't too bad and making a fast recovery.

lighting

thanks miller.

the other driver was injured and I think because he was only 3rd party is chancing is arm with the 50/50.

he was giving concent to bring his claim to court. I just really don't want to waste time with the injuries board. I would prefer to just apply to go to court. can I do this now as they never responded in the 90 days or do I waste another 9 mths waiting for the injuries board to assess the claim. to be probably told then , go to court.

I am seriously out of pocket. paying for all my medical treatment.

Pro Hoc Vice

lighting wrote: »

thanks miller.

the other driver was injured and I think because he was only 3rd party is chancing is arm with the 50/50.

he was giving concent to bring his claim to court. I just really don't want to waste time with the injuries board. I would prefer to just apply to go to court. can I do this now as they never responded in the 90 days or do I waste another 9 mths waiting for the injuries board to assess the claim. to be probably told then , go to court.

I am seriously out of pocket. paying for all my medical treatment.

You have to wait till injuries board issue authorisation, once you have that then you can go ahead with Court Case.

From the PIAB website,

Q. What happens if the respondent does not agree to InjuriesBoard.ie assessing my claim?
If the respondent does not agree, you will be formally authorised by the Board to pursue your claim through the Courts. Board authorisation is required.

http://www.injuriesboard.ie/eng/FAQs/

lighting

infosys wrote: »

You have to wait till injuries board issue authorisation, once you have that then you can go ahead with Court Case.

and is authorisation given , if there is no response within the 90 days. or if they do not reply within 90 days do the injuries board just proceed to assess the claim. this I cant get an answer to.

Pro Hoc Vice

lighting wrote: »

and is authorisation given , if there is no response within the 90 days. or if they do not reply within 90 days do the injuries board just proceed to assess the claim. this I cant get an answer to.

The FAQ page seems clear to me.

lighting

infosys wrote: »

The FAQ page seems clear to me.

so can you give me the answer please.

miller50841

What happened without giving away actual case if you get me..

miller50841

lighting wrote: »

so can you give me the answer please.

You will eventually receive a letter with their decision.

lighting

head on crash ,the car I was in was parked.

Pro Hoc Vice

More info which clearly answers the OP,

"If we do not receive a reply in writing within the 90 days, you will be deemed by default to have consented to the assessment of the claim and become liable for payment of the statutory fee for dealing with the Claimant’s Application."

http://www.injuriesboard.ie/eng/Forms-Guidelines/Respondent-Leaflet-Mon-Fri.pdf

So they will now go on to decide on the claim.

miller50841

lighting wrote: »

head on crash ,the car I was in was parked.

The funny thing with this country is even if the car you were in was parked illegal the other driver would still be at fault for not driving with care.

lighting

infosys wrote: »

More info which clearly answers the OP,

"If we do not receive a reply in writing within the 90 days, you will be deemed by default to have consented to the assessment of the claim and become liable for payment of the statutory fee for dealing with the Claimant’s Application."

http://www.injuriesboard.ie/eng/Forms-Guidelines/Respondent-Leaflet-Mon-Fri.pdf

So they will now go on to decide on the claim.

thank you very much.

they assess the claim for damages. what happens now when they assess the claim. is that a wasted 9 mths? since the other drivers insurance did not agree/disagree or is the injuries board decision for damages final

Pro Hoc Vice

lighting wrote: »

thank you very much.

they assess the claim for damages. what happens now when they assess the claim. is that a wasted 9 mths? or is there decision for damages final

No one knows, when the assess the claim they will issue a notice if both side agree then the respondent pays. If one or both sides disagrees then its off to court you go. But don't be in too much of a hurry you only have one chance, there is no second bite if after the settlement your injuries get worse.

lighting

infosys wrote: »

No one knows, when the assess the claim they will issue a notice if both side agree then the respondent pays. If one or both sides disagrees then its off to court you go. But don't be in too much of a hurry you only have one chance, there is no second bite if after the settlement your injuries get worse.

you have been a great help. thank you.

the other driver was given authorisation to bring his claim to court 2 mths ago. as of today he has not done this (chancing his arm with 50/50). the driver of the car I was in, his injuries has not been submitted to the injuries board yet. as he is receiving on going treatment (injuries for the rest of his life). the extent of his injuries are still unknown . however the other drivers insurance company has been notified by his solicitor.

my claim and injuries report was issued and has gone over the 90 days. what I don't want is to wait another 9 mths to be told to go to court. id rather start that procedure now.

if the other driver wasn't saying 50/50. It would be a clear cut case even though all evidence is against him. im all confused. im the innocent party.

will they now assess my claim within 9 mths and wait for liability to be accepted? please advice. did they not respond within the 90 days due to liability. at the end of day the max his insurance is claiming is 50/50. so at best pay 50% of my compensation. why did they just not agree rather than allow default?

Pro Hoc Vice

lighting wrote: »

you have been a great help. thank you.

the other driver was given authorisation to bring his claim to court 2 mths ago. as of today he has not done this (chancing his arm with 50/50). the driver of the car I was in, his injuries has not been submitted to the injuries board yet. as he is receiving on going treatment (injuries for the rest of his life). the extent of his injuries are still unknown . however the other drivers insurance company has been notified by his solicitor.

my claim and injuries report was issued and has gone over the 90 days. what I don't want is to wait another 9 mths to be told to go to court. id rather start that procedure now.

if the other driver wasn't saying 50/50. It would be a clear cut case even though all evidence is against him. im all confused. im the innocent party.

will they now assess my claim within 9 mths and wait for liability to be accepted? please advice

Yes they will assess the claim, it may take a month it may take 9 they may even take more than 9 months which they can do. You can not take the matter to court until you receive the authorisation. No one can speed up the process it is now in the lap of the gods.

It matters not what the other driver says, I assume you have named both drivers in the application to PIAB.

lighting

infosys wrote: »

Yes they will assess the claim, it may take a month it may take 9 they may even take more than 9 months which they can do. You can not take the matter to court until you receive the authorisation. No one can speed up the process it is now in the lap of the gods.

It matters not what the other driver says, I assume you have named both drivers in the application to PIAB.

no I just claimed against the other driver because it was his fault. he admitted it at the scene to the guards. changed his story a couple of weeks later. the only assessor attended the scene was my drivers insurance. he was adamant it was the other drivers fault. the other drivers assessor only viewed the damage to the cars weeks later.

should I claim against both. even though my statement is adamant it was the other drivers fault? I cant make heads or tails of these procedures.

lighting

would it be possible the other drivers insurance company did they not respond within the 90 days due to liability. at the end of day the max his insurance is claiming is 50/50. so at best pay 50% of my compensation. why did they just not agree rather than allow default?

whos job is it to dermain liability, while the injuries board deals with the assessment? is it my drivers solicitor and both insurance companies?

my solicitor hasn't a clue and will not return calls, can I change him?

Pro Hoc Vice

lighting wrote: »

would it be possible the other drivers insurance company did they not respond within the 90 days due to liability. at the end of day the max his insurance is claiming is 50/50. so at best pay 50% of my compensation. why did they just not agree rather than allow default?

whos job is it to dermain liability, while the injuries board deals with the assessment? is it my drivers solicitor and both insurance companies?

my solicitor hasn't a clue and will not return calls, can I change him?

By ignoring PIAB they have accepted by default. PIAB do not deal with liability, they can not deal with liability. The reason your solicitor is not returning calls is that he has nothing to tell you. A thing people forget is that this is your only case he can be dealing with hundreds, I knows solicitor who does all his work in a day then has dozens of calls to return, your solicitor will contact you when he has something to tell you, at the moment all he can tell you is what you know, the matter is in PIAB they will make a decision when they do.

If you want to change solicitor of course you can, but you will have to pay him for work todate and all outlays.

lighting

thanks again Infosys.

I know my solicitor can do nothing about liability. as Its not my insurance. im probably been a bit hard on him.

the question I wanted to ask him was. who settles liability. is it both insurance companies. or does my drivers solicitor have a part to play in agreeing liability.

would you have the answer?

the other questions I wanted to ask him, you have answered. thanks

Pro Hoc Vice

lighting wrote: »

thanks again Infosys.

I know my solicitor can do nothing about liability. as Its not my insurance. im probably been a bit hard on him.

the question I wanted to ask him was. who settles liability. is it both insurance companies. or does my drivers solicitor have a part to play in agreeing liability.

would you have the answer?

the other questions I wanted to ask him, you have answered. thanks

Liability is not an issue at the moment, PIAB only deals with quantum. Forget about liability untill and only if the matter goes to court. If the two respondents can't agree who pays after determination then it's simple they reject and it goes to court where there is an argument between them.

lighting

infosys wrote: »

Liability is not an issue at the moment, PIAB only deals with quantum. Forget about liability untill and only if the matter goes to court. If the two respondents can't agree who pays after determination then it's simple they reject and it goes to court where there is an argument between them.

thanks again. I understand a lot better.

just one final question. im sorry if I come across thick. but I have no experience with this kind of stuff.

would I be correct to state the injuries board will now proceed to assess my claim. in the near future (poss within 9 mths) they will propose a settlement figure. if the other drivers insurance agrees and I agree. its finished.

if the other insurance company does not agree or admit full liabilty it goes to court.

thanks again for all your help

Pro Hoc Vice

lighting wrote: »

thanks again. I understand a lot better.

just one final question. im sorry if I come across thick. but I have no experience with this kind of stuff.

would I be correct to state the injuries board will now proceed to assess my claim. in the near future (poss within 9 mths) they will propose a settlement figure. if the other drivers insurance agrees and I agree. its finished.

if the other insurance company does not agree or admit full liabilty it goes to court.

thanks again for all your help

Once one company agrees and pays then you are out of it. If the two insurance companies want to fight it out that's up to them. You are worrying way too much. As things happen then make decisions. You may be unhappy with any figure and reject, both insurance companies may reject or both may Accept and sort it out between them who pays. They may not decide to allow the case to run to decide liability. But untill it happens no one knows. Just sit back and await decisions.

lighting

but my issue is. im only claiming compensation from 1 insurance company. can they still agree to pay and sort liability later? I don't understand.

Pro Hoc Vice

lighting wrote: »

but my issue is. im only claiming compensation from 1 insurance company. can they still agree to pay and sort liability later? I don't understand.

That is why I asked did you sue one or two respondents. If you have sued only the other driver then it's up to his insurance company to decide to pay or not. If they think he is not 100% liable then they will defend the matter on that basis. If a court agrees that he is 100% liable then he will have to pay if on the other hand the court decides he is only 50% liable then he only has to pay that amount and if you have not sued the other driver you can only get 50%.

lighting

infosys wrote: »

That is why I asked did you sue one or two respondents. If you have sued only the other driver then it's up to his insurance company to decide to pay or not. If they think he is not 100% liable then they will defend the matter on that basis. If a court agrees that he is 100% liable then he will have to pay if on the other hand the court decides he is only 50% liable then he only has to pay that amount and if you have not sued the other driver you can only get 50%.

oh ****. I wasn't told that.

im adamant it was the other drivers fault. but you have me thinking. I don't decide whos right or wrong. should I sue both now. or wait till liability is agreed. does it have an effect myself claiming both. makes it look like it was a 50/50. when it wasn't.

is there such thing as 60/40 70/30 ect. I could put it down as a 70/30. but I thought it was 50/50 or full liability

Pro Hoc Vice

lighting wrote: »

oh ****. I wasn't told that.

im adamant it was the other drivers fault. but you have me thinking. I don't decide whos right or wrong. should I sue both now. or wait till liability is agreed. does it have an effect myself claiming both. makes it look like it was a 50/50. when it wasn't.

is there such thing as 60/40 70/30 ect. I could put it down as a 70/30. but I thought it was 50/50 or full liability

I don't know how the accident happened, your solicitor does based on that information he has decided not to sue both.

Now lets look at facts, the insurance company you have sued has accepted PIAB by default, they now owe PIAB €600 and have accepted at this stage that liability is not an issue. They will sit back and await decision from PIAB then decide to pay or not.

lighting

infosys wrote: »

I don't know how the accident happened, your solicitor does based on that information he has decided not to sue both.

Now lets look at facts, the insurance company you have sued has accepted PIAB by default, they now owe PIAB €600 and have accepted at this stage that liability is not an issue. They will sit back and await decision from PIAB then decide to pay or not.

your advice/replies is brilliant thanks.

but is there such thing as 70/30. or is it 50/50 or full liability. my driver was probably 20/30 % at fault. id put it down as 80/20. my solicitor agreed.

Pro Hoc Vice

lighting wrote: »

your advice/replies is brilliant thanks.

but is there such thing as 70/30. or is it 50/50 or full liability. my driver was probably 20/30 % at fault.

Yes. It can be 70/30.

lighting

infosys wrote: »

Yes. It can be 70/30.

thanks again. I was lead to believe 50/50 or full liability. my solicitor says at worst 80/20 in my drivers favour. should I sue both or await the decision of liability . what you think. id rather ask you for your opinion before asking my solicitor.


again thanks. you have gave me so much help

Pro Hoc Vice

lighting wrote: »

thanks again. I was lead to believe 50/50 or full liability. my solicitor says at worst 80/20 in my drivers favour. should I sue both or await the decision of liability . what you think. id rather ask you for your opinion before asking my solicitor.


again thanks. you have gave me so much help

I or no one on here can advise you. Only your solicitor can do that. But how could you be told it is either 50/50 or full liability and also told it could be 80/20 they are mutually incompatible.

So I can't give my opinion on what you should do only you and your solicitor can decide that.

lighting

again thanks. just before I ask my solicitor.

is it common to have an 80/20 settlement. or do they just go in favour of the 80% and who agrees this. my drivers insurance and the other insurance company or the solicitors acting on behalf of the drivers. please advice

Pro Hoc Vice

lighting wrote: »

again thanks. just before I ask my solicitor.

is it common to have an 80/20 settlement. or do they just go in favour of the 80%.

It would be more usual in contributory negligence, a person being injured and not wearing seatbelt, or driving knowing driver was drunk. It would be less common as between two drivers causing injury to a passenger in one car.

lighting

infosys wrote: »

It would be more usual in contributory negligence, a person being injured and not wearing seatbelt, or driving knowing driver was drunk. It would be less common as between two drivers causing injury to a passenger in one car.

brilliant. thanks for your time and advice.

finally . who decides liability my drivers insurance and the other insurance company or the solicitors acting on behalf of the drivers.

Pro Hoc Vice

lighting wrote: »

again thanks. just before I ask my solicitor.

is it common to have an 80/20 settlement. or do they just go in favour of the 80% and who agrees this. my drivers insurance and the other insurance company or the solicitors acting on behalf of the drivers. please advice

As I have said in PIAB liability is not decided at all, it's really simple. If the insurance accept award and you do that's the end of it, it's really that simple. If on the other hand they do not accept that they are 100% liable they may decide to join the other driver, but that's up to them. Say the award is 10,000 and they think its 80/20 then they may decide its not worth fighting over 2,000. Hence why no one can answer your question.

Pro Hoc Vice

lighting wrote: »

brilliant. thanks for your time and advice.

finally . who decides liability my drivers insurance and the other insurance company or the solicitors acting on behalf of the drivers.

Any and all of them. You are 100% not at fault, why are you worrying about which of them is liable. You and your solicitor have decided to sue only one driver, I assume for very good reasons. You have 2 years to issue proceeding against either one or both of the drivers.

lighting

infosys wrote: »

As I have said in PIAB liability is not decided at all, it's really simple. If the insurance accept award and you do that's the end of it, it's really that simple. If on the other hand they do not accept that they are 100% liable they may decide to join the other driver, but that's up to them. Say the award is 10,000 and they think its 80/20 then they may decide its not worth fighting over 2,000. Hence why no one can answer your question.

thank you so much. i know a lot more now. if it was to go to court. how long/average time does it take to go to court.

Pro Hoc Vice

lighting wrote: »

thank you so much. i know a lot more now. if it was to go to court. how long/average time does it take to go to court.

Again no one can answer that, depends on court and area of the country. But can take a year or 10, depends on if its settled or goes all the way. But any where between 2 and 4 years would be normal.

lighting

infosys wrote: »

Again no one can answer that, depends on court and area of the country. But can take a year or 10, depends on if its settled or goes all the way. But any where between 2 and 4 years would be normal.

thanks again. ill await the settlememt proposal from the injuries board within the next 9 mths or so and take it fom there.

your very good. i wish you luck. thanks

anjo70

Hi by not responding within the 90 days they are accepting by defalt that what i was told when my case was accepted