PIAB Question

ladsmammy

Hi,

I've got a letter from the PIAB saying that the respondents insurance company has consented to the PIAB assessing my claim.

Does this mean they have accepted liability ?

Will they definitely pay out when the claim has been assessed ?

Thanks
T

Mr. Incognito

No. It simply means they accept the jurisdiction of the PIAB to deal with it.

PIAB will come up with a figure or they wont and the other side can reject it at any time (unless they accept it) and go to court.

ladsmammy

Update. Advice needed please. Got a letter in the post today from the other insurance company asking would I like to have talks with their adjuster. Looking online seems to tell me not to. Would it be harmful to talk with them

Really Interested

ladsmammy wrote: »

Update. Advice needed please. Got a letter in the post today from the other insurance company asking would I like to have talks with their adjuster. Looking online seems to tell me not to. Would it be harmful to talk with them

Do you have a solicitor?

ladsmammy

Really Interested wrote: »

Do you have a solicitor?

No I don't. Went through the piab

Really Interested

ladsmammy wrote: »

No I don't. Went through the piab

As legal advice can not be given on the forum, and you have decided to get involved in a legal process where the other side have lots of lawyers, good luck.

_Brian

I've been through PIAB and I can tell you not having a solicitor puts you at a disadvantage.

You can be sure the insurance company have well paid solicitors making sure every angle is covered. So there you are "trusting" your best interest is being served by a group of people who's job it is to keep claims down to a minimum. And the other side have expert legal advice, again whose job it is to keep your claim down to a minimum.

Get a solicitor, then you can be in control of your own case.

ladsmammy

Ok, advice taken. Naively thought piab was the only way to go. I'll look at getting a solicitor on Monday

_Brian

I know there's allot of negative press about making claims.
However, if you've a genuine case hold your head up and claim what your entitled to.

It did depress me allot the old nod and a wink "oh you've a sore back after the accident" ****e talk.

ladsmammy

_Brian wrote:

I know there's allot of negative press about making claims. However, if you've a genuine case hold your head up and claim what your entitled to.

Thanks Brian and not directed at you but I'm not out to screw anyone so didn't want the whole going to court thing. I've a genuine fractured bone due to a trip on something that shouldn't have been there. Just want to be compensated for the 3 months I couldn't drive or go anywhere

Mad_maxx

I'll open a new thread if necessary Mods but my solicitor wrote to me last week to say the person I'm claiming against both ignored the letter sent to them by the PIAB and failed to pay the PIAB fee ( several hundred euro i think)

He claims that due to complete lack of engagement, the PIAB have advised us to issue court proceedings, no mention of the PIAB recommending a compensation sum, i find this slightly odd as only two months ago the solicitors office told me that I'd be due to be examined by a consultant on behalf of the PIAB soon, i thought that irrespective of the other side failing to engage, the PIAB process had to entirely conclude in order to green light a civil case?

Claw Hammer

Mad_maxx wrote: »

I'll open a new thread if necessary Mods but my solicitor wrote to me last week to say the person I'm claiming against both ignored the letter sent to them by the PIAB and failed to pay the PIAB fee ( several hundred euro i think)

He claims that due to complete lack of engagement, the PIAB have advised us to issue court proceedings, no mention of the PIAB recommending a compensation sum, i find this slightly odd as only two months ago the solicitors office told me that I'd be due to be examined by a consultant on behalf of the PIAB soon, i thought that irrespective of the other side failing to engage, the PIAB process had to entirely conclude in order to green light a civil case?

PIAB can refuse to deal with any case and can authorise court proceedings. They tend not to deal with cases where there is a loss of earning element or assaults.

Mad_maxx

Claw Hammer wrote: »

PIAB can refuse to deal with any case and can authorise court proceedings. They tend not to deal with cases where there is a loss of earning element or assaults.

No assault here, accident on other parties premises

I'm seeing the solicitors in a few weeks, just thought the PIAB process had to completely run it's course before another course could be pursued

Claw Hammer

Mad_maxx wrote: »

No assault here, accident on other parties premises

I'm seeing the solicitors in a few weeks, just thought the PIAB process had to completely run it's course before another course could be pursued

It has run its course, PIAB are not taking it any further.

Mad_maxx

Claw Hammer wrote: »

It has run its course, PIAB are not taking it any further.

I thought that the PIAB would have arranged for a visit to a consultant, as recently as two months ago, my solicitors office told me to expect to be called for a consultant appointment

BattleCorp

There is a €600 fee for allowing PIAB to assess the case. From what you have said, the €600 hasn't been paid so PIAB can't assess the case. PIAB can't arrange medicals or offer you a sum if the other party doesn't consent to them assessing the case.

PIAB will now (probably have already) issue a release for you to bring your case to court. So you will have to chase the other party through the courts for your loss.

I'm guessing that the person you are taking your personal injury case against is either choosing to ignore the problem in the hope that it goes away or else they think liability is an issue or your case is weak and think that they have a chance to fight it in court or negotiate a cheap settlement with you.

Mad_maxx

BattleCorp wrote: »

There is a €600 fee for allowing PIAB to assess the case. From what you have said, the €600 hasn't been paid so PIAB can't assess the case. PIAB can't arrange medicals or offer you a sum if the other party doesn't consent to them assessing the case.

PIAB will now (probably have already) issue a release for you to bring your case to court. So you will have to chase the other party through the courts for your loss.

I'm guessing that the person you are taking your personal injury case against is either choosing to ignore the problem in the hope that it goes away or else they think liability is an issue or your case is weak and think that they have a chance to fight it in court or negotiate a cheap settlement with you.

It's a stonewall liability on their part, perhaps they feel they can plead poverty and any victory will be pyrrhic on my part

What kind of cost are you looking at to take a civil action?

Anything under 20 k and il take it

Mod
Sorry, opinions on amounts of costs are not for legal discussion

Eggs For Dinner

Mad_maxx wrote: »

It's a stonewall liability on their part, perhaps they feel they can plead poverty and any victory will be pyrrhic on my part

What kind of cost are you looking at to take a civil action?

Anything under 20 k and il take it

If it is 'stonewall' as you say, don't worry about the cost. The loser pays

Mad_maxx

Eggs For Dinner wrote: »

If it is 'stonewall' as you say, don't worry about the cost. The loser pays

Wasn't aware that a solicitor would take a case for free?

I know they often do a " no win - no fee" for going through the PIAB as was my arrangement with the firm I'm dealing with

Eggs For Dinner

Mad_maxx wrote: »

Wasn't aware that a solicitor would take a case for free?

I know they often do a " no win - no fee" for going through the PIAB as was my arrangement with the firm I'm dealing with

I never said they would take a case for free

randomrb

Mad_maxx wrote: »

I thought that the PIAB would have arranged for a visit to a consultant, as recently as two months ago, my solicitors office told me to expect to be called for a consultant appointment

PIAB do one of two things; make an assessment or authorise Court proceedings. If the other side havent engaged a all PIAB will be hesitent to make an assessment unless the case is very straightforward.

It isn't uncommon for PIAB not to give an assessment.

BattleCorp

Mad_maxx wrote: »

It's a stonewall liability on their part, perhaps they feel they can plead poverty and any victory will be pyrrhic on my part

What kind of cost are you looking at to take a civil action?

Anything under 20 k and il take it

If you go through PIAB and do it yourself, there are no legal costs.

If you go through PIAB and engage the services of a solicitor, you have to pay the solicitor out of the money that you get. I don't know of many solicitors who work on a no win, no fee basis. Your case sounds unusual. Most solicitors I know charge a fee for dealing with PIAB.

If you go to court, it's normal for the losing party to have to pay their own costs and their opponents costs. It's very unusual for a solicitor to go to court on a no win, no fee basis as costs can be immense.

Given that PIAB have issued a release, then you will have to take your chances in court. And that raises the risk that you could lose and have to pay the defence's costs. Now if it's a stonewall certainty as you have said, then you have nothing to worry about going to court.

Regarding costs, nobody can give you an accurate estimate. It all depends on the complexity of your injury, the complexity of the trial and whether it is in the district, circuit or high court. It depends on a multitude of things.

For the record, I think only about 5% of cases actually make it all the way to court. Most are settled and some are dropped.

BattleCorp

randomrb wrote: »

PIAB do one of two things; make an assessment or authorise Court proceedings. If the other side havent engaged a all PIAB will be hesitent to make an assessment unless the case is very straightforward.

It isn't uncommon for PIAB not to give an assessment.

Even if it is very straightforward PIAB can't make an assessment because the other side haven't given their authorisation.

PIAB has no choice other than to issue a release which enables the injured party to pursue a claim through the courts.

Mad_maxx

BattleCorp wrote: »

If you go through PIAB and do it yourself, there are no legal costs.

If you go through PIAB and engage the services of a solicitor, you have to pay the solicitor out of the money that you get. I don't know of many solicitors who work on a no win, no fee basis. Your case sounds unusual. Most solicitors I know charge a fee for dealing with PIAB.

If you go to court, it's normal for the losing party to have to pay their own costs and their opponents costs. It's very unusual for a solicitor to go to court on a no win, no fee basis as costs can be immense.

Given that PIAB have issued a release, then you will have to take your chances in court. And that raises the risk that you could lose and have to pay the defence's costs. Now if it's a stonewall certainty as you have said, then you have nothing to worry about going to court.

Regarding costs, nobody can give you an accurate estimate. It all depends on the complexity of your injury, the complexity of the trial and whether it is in the district, circuit or high court. It depends on a multitude of things.

For the record, I think only about 5% of cases actually make it all the way to court. Most are settled and some are dropped.

The solicitor agreed to 2500 if the claim was successful, he also said he thought we would need to go to court as he believed that the PIAB recommendation wouldn't be high enough

I said I'd see what the PIAB recommended before deciding whether or not to go through the courts, that was nearly a year ago

tbarry31

Can anybody tell me what happens if the PIAB themselves make a mess of the case and forget todo anything ? And before this goes any further anybody can make a mistake.

My case was accepted last november by the PIAB but they failed to do anything with it since then it just sat there. I was wondering because of the timeframe will the case now have to go to court or can the PIAB still deal with it ?

Has anybody heard of something like this happening before

Thanks

BattleCorp

https://www.boards.ie/discussion/comment/117879453#Comment_117879453

What makes you think that PIAB have made a mess of your case or have forgotten to do anything?

Just because you haven't heard from them doesn't mean that they have screwed up. Things are going very slowly because of COVID. PIAB are taking a very long time to process claims so there's no need to panic just yet.

I'm open to correction but as far as I'm aware, you can't go to court with your claim unless PIAB issue you with an authorisation. That's a document that allows you to proceed to court.

My advice is to sit tight and wait, and blame COVID.

By the way, the Statute of Limitations clock stops while it is with PIAB so there's no need to worry just yet.

tbarry31

https://www.boards.ie/discussion/comment/117901623#Comment_117901623

Due to an error on behalf of the PIAB my case was accepted processed and that was it. For 9-10 whole months my case was left in Idol. This is nothing to do with Covid as the PIAB have admitted that due to error on their behalf the claim was not processed in the manner it would usually. It is now 15 months later and only got to see the PIAB consultant in last week. The issue for me now is because of the error by the PIAB I am now left at a loss because of their mistake as I now will be put on a lower scale.

tbarry31

Just a side note the consultant was the most ignorant person I have ever met.

🏴󠁧󠁢󠁷󠁬󠁳󠁿I have just taking this from the PIAB website.

I currently have a claim going through PIAB. What do these new guidelines mean for someone currently making a claim or someone against whom a claim is made?

Where a claim is assessed before the commencement date of the new Guidelines (24th April), it will be assessed based on the Book of Quantum. Where a claim is assessed on or after that date, it will be assessed based on the new Personal Injuries Guidelines. The date of assessment will be confirmed on the Notice of Assessment letter.

Would this man so that my case would be assessed on the Book of Quantum ?

BattleCorp

https://www.boards.ie/discussion/comment/118976386#Comment_118976386

I don't know is my honest answer.

PIAB have the power to ignore the new guidelines if they have a genuine reason for doing so. This might be grounds for you or your solicitor to ask them to assess it under the old book of quantum seeing as they made an error.

angel eyes 2012

If you are represented by a solicitor then you should contact them directly and seek their guidance. I would argue the solicitor should have followed up with PIAB if there were concerns about delays.

If you are unrepresented you should contact PIAB directly. You will have an opportunity to reject the final assessment anyway, and then you can proceed to court.

tbarry31

https://www.boards.ie/discussion/comment/118980239#Comment_118980239

I do have a solicitor he waited the normal length of time you wait for the PIAB to reply he contacted them on quiet a few times and finally months later letter after letter he contacted them by phone. 6 weeks after that they admitted their error. He is looking into what can be done to rectify the mistake. I would be happy to just go by the Book Of Quantum before the new system came in.

tbarry31

https://www.boards.ie/discussion/comment/118980094#Comment_118980094

I will be asking my solicitor to ask for it to be assessed under the Old Book of Quantum. I think that because of their error I might have a decent chance of that happening

tbarry31

I am due to have an MRI scan in about 5 weeks. How does results affect the MRI either if its a result that show's no injury or even if it shows a couple of things. I seriously have no Idea of how it works.

Not looking for Legal Advice just looking to see what happens next and how it all works.

Cheers

AnRothar

Who is requesting the MRI and why?

Is it your doctor to prove the existence of an injury?

Or the other side to disprove its existence?

Your solicitor should advise you here.

BattleCorp

I'm assuming that it was your own solicitor who organised the scan? I don't think the insurance company can order you to do one. They can require you to attend a medical with their doctor but I don't think that extends to MRI scans, although I'm open to correction on that.

An MRI is used to see if any injury/damage is visible on the scan. Depending on the injury (if any), it may or may not show up on the scan. If there is an obvious injury/damage on the MRI scan, then that probably helps your case, e.g. if the MRI showed a bulging spinal disc and a compressed nerve if you were complaining of back pain. Even if an MRI shows no injury, it doesn't mean that you don't have an injury. There's a lot that an MRI can't detect or show.

Bottom line, if it shows damage it may strengthen your case. If it shows no damage, it's not the end of the world as you can have an injury that doesn't show up on the scan. It just gives your solicitor/barrister less cards to play during settlement talks/in court if you get my drift.

Another question, are PIAB assessing your claim or have they issued a release? Issuing a release means giving you permission to go to court. Again I'm guessing that PIAB aren't assessing your case if you are going down the road of MRI's etc.

tbarry31

https://www.boards.ie/discussion/comment/119507492#Comment_119507492

Thanks for responding. I was sent to see a specialist by the PIAB and he has now ordered a scan. It should have said above 5 days not 5 weeks but because I live next to the place where they are doing scan I have being called for a cancellation so having scan today. The PIAB will I guess assess it when the Consultant send's a report after scan. Should have some news in next few weeks. I am more eager to get the results right now so my physio knows exactly what to treat and what not to treat. I have a pinch with a sharp pain in the middle of my back that the physio want's scanned before he will do anything.

thanks

BattleCorp

https://www.boards.ie/discussion/comment/119511726#Comment_119511726

Ok, it's clear your case is being assessed by PIAB. I wasn't 100% sure.

PIAB don't care who is right or wrong when it comes to who is liable for the injury (who caused it) so they will assess your case based on the medical evidence and any other relevant information and then decide what figure you should receive for your injuries.

Once they communicate this figure to you, it's up to you to decide if you want to take it or reject it. Always take legal advice before taking either of these options. If you reject it, PIAB will give you a release to go to court. If you accept it, then it goes to the insurance company to see if they accept the figure.

If the insurance company accept it, then they pay you that figure and you pay your solicitor out of that figure and that's the end of it. If the insurance company reject it, then your choice is to either drop the claim or go to court. Both parties have to agree to the figure proposed by PIAB.

I don't like going into the MRI machine, how did you find it?

tbarry31

https://www.boards.ie/discussion/comment/119512219#Comment_119512219

I will have written report on MRI by friday evening as my scan was completed before a certain time the consultant will have report I'm delighted as I can now properly treat my injuries with physio which 1st off is main priority. Will the PIAB take into account the huge amounts of physio that has been completed, doctor bills, medication all that kind of stuff. I have gone through a solicitor so will have proper advice. I already know who insurance company is as a couple of weeks after claim went in I received a letter off them telling me they were the Insurance company for the people I have claim against.

In relation to the MRI machine I didn't mind it I have trained as Firefighter in the past and have been in more confined spaces then that so had no issues. I did fall asleep in there thought :)

thanks again for replying

BattleCorp

https://www.boards.ie/discussion/comment/119513799#Comment_119513799

PIAB can only take into account physio bills, doctor's bills, medication etc. if they know about them. I'm not sure of the mechanism for updating PIAB of these but your solicitor will know.