Quick guide to the Personal Injuries Assessment Board

The Personal Injuries Assessment Board (PIAB) is an independent statutory body which assesses the amount of compensation due to a person who has suffered a personal injury. PIAB generally only deals with the following categories of claims:

  1. Employer’s Liability
  2. Road Traffic Accidents (including MIBI claims); and
  3. Public Liability.

Timelines

Under the Civil Liability and Courts Act 2004, personal injury claims must be started within two years of the date of the accident.

Submitting a claim to PIAB freezes this two-year countdown from the date of acknowledgement by PIAB of the claim[1].

Once the application is received by PIAB, they send a Section 13[2] Notice to the Respondent with a copy application form and accompanying documents, allowing them 90 days to consent to the assessment of the claim by PIAB. Consenting to an assessment does not amount to an admission of liability[3]. If the Respondent fails to reply to PIAB within 90 days, they are deemed to have consented to the assessment.

If Respondent consents to assessment, PIAB typically completes their review and decides on an award within nine months[4] of the consent to the assessment being received. This nine-month period may be extended by an additional six months if PIAB deems it appropriate[5]. Where the time is being extended, both parties must be notified by PIAB of the extension, and the reasons why.

If an assessment is not made by PIAB within 15 months of the date of consent to assessment, then the claim is released, and an authorisation is provided.

Once PIAB completes its assessment, both sides are notified. The Respondent has 21 days to reject the award. If no reply is received within 21 days, the Respondent is deemed to have accepted it. The Claimant has 28 days to accept or reject the award.

If both parties accept the award, the it becomes binding, and the claim is settled. An Order to Pay is made to the Respondent within one month of the assessment becoming binding.

If either side rejects, PIAB will issue an authorisation. The clock remains stopped until six months from the date of an authorisation by PIAB[6].

[1] Section 11 of the Personal Injuries Assessment Board Act 2003

[2] Section 13 of the Personal Injuries Assessment Board Act 2003

[3] Section 16 of the Personal Injuries Assessment Board Act 2003

[4] Section 49(2) of the Personal Injuries Assessment Board Act 2003

[5] Section 49(4) of the Personal Injuries Assessment Board Act 2003

[6] Section 50 of the Personal Injuries Assessment Board Act 2003

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