14th December 2023
- Mediation to be offered as a new service to resolve personal injury claims
- The Personal Injuries Assessment Board renamed to Injuries Resolution Board
Dara Calleary TD Minister of State with responsibility for the Injuries Resolution Board today announced the commencement of the third and final phase of the Personal Injuries Resolution Board Act 2022.
Announcing the commencement, Minister Calleary said:
“Today sees a step change in the resolution of personal injury claims in our country through the introduction of mediation as a new service for resolving claims.
“From today mediation will be offered through the Injuries Resolution Board formerly known as the Personal Injuries Assessment Board (PIAB). The Board will now offer mediation in addition to assessment. I expect that this change will encourage more claimants and respondents to avail of the Board’s model and should lead to cost savings in the claims environment and contribute to reductions in insurance premiums.
“Mediation will help both claimants and respondents to reach a mutual agreement in personal injuries claims and provides an alternative to litigation which can be timely, costly, and stressful for all involved.
“Mediation will initially be available for employer liability claims with public and motor liability claims to follow in 2024.”
The Personal Injuries Resolution Board Act 2022 was signed into law by the President on 13 December 2022. The Act amends the Personal Injuries Assessment Board Act 2003-2019 to increase the number of personal injury claims settled through PIAB and to reduce the expense and time associated with personal injuries litigation.
Phase 1 of the Act commenced with effect from 13 February 2023, phase 2 commenced on 4 September 2023, with phase 3 commencing from today,14 December 2023.
Implementation of the Act is already having an impact:
- the legislation has allowed the Boad to retain a greater number of cases which otherwise would have had to be released into costly and time-consuming litigation
- the Board has responded quickly to its new data gathering and reporting function and today sees the publication of its second research report ‘Analysis of Employer Liability Claims and Awards’
- the service offered by the Board is now more robust as the Act has introduced a number of anti-fraud measures. Claimants must now supply their PPS Number together with confirmation that the medical report accompanying their application details the injuries received in the incident which caused them to make that application
Minister Calleary continued:
“This is my final commencement under the Personal Injuries Resolution Board Act 2022, and I am confident it already has and will continue to transform the Board - a key pillar of the Government’s insurance reform agenda.
“The future of the Injuries Resolution Board is positive as the current consent rate to assessing cases for the Board has reached an impressive 71% while the acceptance rate to their assessment awards has recovered from 36% in mid-2021 to a healthy 49% in June of this year.
“I want to commend the Board on their continued collaboration with my Department, their commitment to the insurance reform agenda and for the results achieved to date.”
Noting the findings of the Employer’s Liability report published today, he added:
“As part of the Board’s enhanced role in research and analysis of data, the findings today of the Employer Liability claims and awards provide invaluable insights into the profile of accidents in and around the workplace and how best these can be mitigated. It also clearly demonstrates the decrease in claims and costs since 2019, and I expect this to be reflected in business insurance premiums.
“This Government remains committed to delivering insurance reform and ensuring a competitive insurance market. I and my Government colleagues will continue driving this agenda to ensure that the implementation of the Action Plan will continue to bring benefits in terms of affordability and availability of insurance for all consumers and businesses.”
ENDS
Notes to Editors
Personal Injuries Resolution Board Act 2022 (Commencement of Certain Provisions) (No. 3) Order 2023
The Personal Injuries Resolution Board Act 2022 was signed into law by the President on 13 December 2022. The Act amends the Personal Injuries Assessment Board Act 2003-2019 to increase the number of personal injury claims settled through PIAB and to reduce the expense and time associated with personal injuries litigation.
Phase 1 of the Act commenced with effect from 13 February 2023, phase 2 commenced on 4 September 2023, with phase 3 commencing from today, 14 December 2023.
About PIAB (Personal Injuries Assessment Board)
PIAB independently assesses claims for compensation arising from personal injuries sustained as a result of a motor, workplace, or public liability incident. Under the Personal Injuries Assessment Board Acts 2003-2022, all personal injury claims, with certain exceptions, such as medical negligence cases, must be submitted to PIAB unless they are settled by the parties involved at an early stage.
The Central Bank’s reporting under the National Claims Information Database shows that claims settled through PIAB are settled faster and have much lower legal costs than those settled by litigation, despite having similar award levels for claimants.
Insurance reform
The Programme for Government contains commitments to deliver an insurance system which is both affordable and reliable and one which underpins a vibrant economy. The ‘Action Plan for Insurance Reform’ was launched on 8 December 2020. The Action Plan sets out 66 actions for reform to bring down the costs for consumers and business and to introduce more competition into the market. Approximately 90% of the actions in the Plan have been delivered.
ENDS
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