Written answers

Tuesday, 22 May 2018

Department of Jobs, Enterprise and Innovation

Personal Injury Claims

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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289. To ask the Minister for Jobs, Enterprise and Innovation her plans to introduce more granularity to the book of quantum under recommendation No. 20 of the report on the cost of motor insurance; when it is planned to publish an updated book of quantum in 2019; if there will be a change in the methodology used to arrive at the book of quantum; and if she will make a statement on the matter. [22352/18]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Personal Injuries Assessment Board (PIAB) is an independent statutory agency and I, as Minister, am not permitted in my executive function to interfere in any way with the day to day operations and functions of PIAB.

Section 54 of the Personal Injuries Assessment Board Act 2003 sets out the principal functions of the Board. Section 54(1)(b) states: ‘to prepare and publish a document (which shall be known as the ‘‘Book of Quantum’’) containing general guidelines as to the amounts that may be awarded or assessed in respect of specified types of injury’.

The Book of Quantum, originally produced in 2004, was revised in October 2016. The publication was compiled by independent consultants and commissioned by PIAB. This revised Book of Quantum is based on a detailed analysis of 51,000 closed personal injury claims from 2013 and 2014 and includes compensation awards from Court cases, insurance company settlements, State Claims Agency cases and data relating to awards of the Personal Injuries Assessment Board. It also contains more granular detail on injuries and new injury types and more narrowly defined compensation bands. The revised Book of Quantum constitutes solid research on prevailing levels of damages in personal injuries claims.

It is proposed in the General Scheme of the Personal Injuries Assessment Board (Amendment) Bill 2018 that the Board will review the Book of Quantum every three years.  The Bill is currently being drafted by the Office of the Parliamentary Counsel.  It is hoped to have the drafting of the Bill completed in Q 2 2018 and published thereafter.

I understand that PIAB are currently engaging with the judiciary in the context of the next Book of Quantum, as recommended in the Cost of Insurance Working Group Report.  PIAB are also considering the recommendation arising from the First Report of the Personal Injuries Commission in terms of linking future publications of the Book of Quantum to the newly standardised examination and reporting injury categories in the Whiplash Associated Disorder (WAD) scale.

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