PIAB vs Solicitor option

FebruaryStars

I was involved in a car accident a few weeks ago (entirely the fault of the other party) and initially I had no intention of claiming for compensation so long as her insurance company covered my medical costs. I didn't want to contribute to Ireland's "compo culture". I saw my GP, had x-rays and MRI scans and now attend physio one or two days a week (I've also had other medical issues since the crash). My physiotherapist has advised me to contact a solicitor as he sees my treatment going on for many months, if not years. I'm already really stressed about the whole incident and don't fancy having to find a solicitor and possibly go to court.
Is there any benefit to me seeing a solicitor now versus me making an application to the PIAB myself via their website? Thanks in advance.

hullaballoo

After you've submitted your claim to PIAB and they get back to you assessing your claim at, say, €12,000, how will you know whether that's enough to cover the entirety of the extent of your injuries, however long you should remain symptomatic?

It might be ok if you're only a few months recovering. It might be ok for a year. But what happens if you've taken the €12k and it later transpires that you've permanent incapacity? You can't re-submit a claim at that point.

A solicitor's role is to advise you on the basis of the medical reports, your own version of events and all of their expertise as to the best course of action. In many cases, the solicitor will tell you to accept the PIAB assessment (if it's accepted by the defendant) because it's at an appropriate level. In other cases, their role will be to stop you from settling at a point where it is too early to know your prognosis.

McCrack

A good solicitor will not advise a client to accept a PIAB assessment

Pat Mustard

McCrack wrote: »

A good solicitor will not advise a client to accept a PIAB assessment

That is not absolutely true. Sometimes the figure in the PIAB assessment is worth accepting, even when you take into account the deduction of legal expenses and certain expenses which cannot be recovered via PIAB.

McCrack

The PIAB assessment is rarely worth accepting.

In the vast majority of cases a better result is achieved beyond the PIAB. In certain situations it is appropriate for a client to exercise their statutory discretion and not attend the PIAB medicals - again a good solicitor will know when to advise this and how to advise PIAB in correspondence why their client is not attending.

_Brian

I went through this whole thing a few years ago.

1. Don’t be made feel guilty, if your genuinely injured and deserving of compensation then follow it to the end.

2. Get a solicitor. You can be damn sure the insurance company are being represented by top end solicitors wiendealing with the paib and by going it alone your disadvantaged and piab won’t tell you that. They want settlement, not fairness.

3. In my case piab wouldn’t make a determination as the case was too complex, it was referred on to court anyway. I did however find their medical consultants fair and unbiased.

4. Don’t for a second trust the insurance company, I was against FBD and they tried every angle against me including ringing after 11pm at night offering quick settlements. They then fought the case for 5 years, then in the high court voided the other parties insurance cover leaving the business with the costs and having to wright a substantial cheque - thankfully they could cover it.

5. It’s stressful, very stressful and you will be made feel you are on trial at times. But providing your being honest just hold the course.