PIAB v the solicitor route

heldel00

Husband was recently in car accident. He was rear ended at full speed. No question of liability.

He has been off work for a few weeks and has seen his GP. GP sent him to a&e for xrays. All of this has obv been documented. Guards also attended the scene as the car automatically contacted them.

He is very sore but no fractures. Has been a bit of a one woman show with regards to bathing and picking up baby and toddler. He's just not able yet but improving.

We have been looking online as we have no experience in this area and he is very private so would prefer not to discuss with friends/family but he will be pursuing the other party.

I have been reading on the PIAB website and am just wondering as to why some people would go this route over just going straight to solicitor? Maybe a solicitor still has to be involved when dealing with PIAB?

Any advice appreciated

Darc19

Best to go via a solicitor who will do the paperwork for piab and liaise with the insurers. Solicitor must present it to piab and piab will pay the solicitor fee. Ideally use a solicitor that you have used before and avoid the ambulance chaser types as they also look to take a cut of the claim.

As this is not a low speed tip, and the injury is obvious and badly affecting him, you should have qualms about claiming as you could find that the injury may have long term affects especially if it was a fair speed.

heldel00

Thank you for replying.

I assume that you meant 'no qualms'? Husband is extremely private and has always been the 'ah sure it's grand don't worry about it' type in previous accidents so maybe it is the fact that he's not bouncing back as quickly to full health that has him considering a claim.

Do we wait to approach a solicitor or do we get the ball rolling?

As I said it's open and shut case. The back of his car was destroyed. He could see yer man in rear view mirror and couldn't get moved because of lorry in front. He tensed up and I think that is what has him still in pain.

Claw Hammer

https://www.boards.ie/discussion/comment/117936701#Comment_117936701

PIAB do not pay the solicitor fee. PIAB will not direct the solicitor fee be paid by the other party either unless it is a vulnerable person.

PIAB is anti solicitor to an extreme.

The reason for getting a solicitor is two-fold. A claimant has the benefit of an experienced insurance defence team who will try to minimise the pay-out.

A claimant may not keep proper records or realise the importance of mentioning various matters. If it comes to a court case down the line the PIAB application will be scrutinised. A solicitor will also be in a position to advise on obtaining a specialist opinion at an early stage. If symptoms appear later it will be important that there is a causal link between the new symptoms and the incident. Some solicitors want to be paid up front for PIAB, others will take payment from the award whenever it comes. IT is definitely worth getting a recommendation.

Darc19

@Claw Hammer apologies I thought Piab paid a set fee. But as you said, solicitor is very important to engage on something like this as they know the tricks of insurers and will also advise on specialist opinion - xray will not always show up some injuries and it may need a specialist to know what to look for.

Tensing up may have lessened the injury, but knowing someone that had a fall where xray shoed little and mri was needed and still did not show much - yet she's had almost 3 years of pain and will have long term issue with her back and her accident was minor, but just fell awkwardly on a spillage.

So with a few weeks and still in pain, this needs to be checked by a specialist at this point

Tails142

You can do the PIAB paperwork yourself if you think you are able.

PIAB comes up with an award based on injuries, you can either accept their award amount or go to court if you don't think it is appropriate.

Insurers will try to minimise their costs, if it's obvious their guy is at fault they will surely accept the PIAB award as paying to go to court makes no sense due to extra legal costs. They may try to settle with you before you lodge with PIAB.

You have two years to work out what to do from date of accident.

If you don't think you can manage the paperwork get a solicitor, his insurance company will probably be very nice to you, come out and meet with you, call him a plonker. They want you to settle and will probably offer you an ok amount but maybe near the lower end of what the piab could award.

Here's the new guidelines for awards

https://www.piab.ie/eng/Injury-Guidelines/

Claw Hammer

https://www.boards.ie/discussion/comment/117937270#Comment_117937270

It is very naïve to think that insurers will automatically accept the PIAB award. They are in fact notorious for not making an offer until the claimant arrives in court accompanied by doctors, engineers and actuaries etc. Quite often the insurers will reject the PIAB award and then make small offers in the hope the claimant will get fed up and accept, just to be at the end of it.

Tails142

Ok, well I can only speak from my own experience I suppose, anything can and does happen with these things for sure, from the claimants and insurers sides.