Terry Leyden (Fianna Fail)

The completion of the relevant form might seem simple to Senator O'Toole but he should note that it is a very important document. Although I do not have a copy of it, I presume it will state when and how the accident occurred. Furthermore, medical reports will have to be submitted to the board. These will have to be submitted because the board cannot make up its mind on what happened and how and when it happened. The insurance companies will have their lawyers scrutinise the document and will of course state that they will settle the case because they have been advised to do so. They have the benefit of their top lawyers although the victim does not have a similar benefit under the Bill. Of course the victim may consult his lawyer separate to making the submission. The Tánaiste and Minister for Enterprise, Trade and Employment stated yesterday that a copy of the submission would be sent to the solicitors nominated by the victim but this is not provided for in the Bill. It will happen only because of the goodwill of the chairperson and members of the PIAB. They may not even send a copy to the solicitors.

Another point made by my school friend was that an insurance company might admit liability in the course of the discussions and submissions, but if agreement is not reached when discussing the settlement, it can deny liability and go to court. At this stage, however, the opportunity to find witnesses, prepare sketches and obtain engineers' reports will be lost. Who does this suit? It does not suit the victim because it will be more difficult for him to prove his case. I have acted on behalf of victims in the High Court regarding insurance claims and therefore realise it is very important to have one's facts prepared as quickly as possible after the event. If this is delayed for three or four months, the scene of the accident will have gone cold and it will be difficult to find witnesses and prove one's case. The insurance companies have the right to decide not to settle, as does the victim. Senator O'Toole might like to come back on this amendment but he is not able to do so.