Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The PIAB was established to remove unnecessary personal injuries cases from litigation. Estimates indicate that 70% of cases are now either resolved through the PIAB or settled directly between the parties. In accordance with the Acts, all personal injuries claims must be submitted to the PIAB. In some situations, however, the parties are happy to settle a claim at an early stage and without the need to refer it to the board. The PIAB assesses independently claims for compensation arising from personal injuries sustained as a result of motor or workplace accidents or in circumstances of public liability. An independent assessment is made and it is a matter for the parties as to whether they wish to accept the award. The PIAB does not address liability. Where liability is an issue, a respondent can refuse to consent to a PIAB assessment. Where the respondent refuses consent to an assessment or where either party rejects the award proposed, the board will issue an authorisation to the claimant to allow him or her to take legal proceedings.

There are two bodies working on issues relating to insurance at present. There is a commission to examine the issue of fraud chaired by Mr. Justice Nicholas Kearns. All relevant legal stakeholders are represented. The commission had its first meeting in February and has had eight meetings to date.

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