Most Frequently Asked Questions
Q1. Who are InjuriesBoard.ie?
Q2. Who should apply to InjuriesBoard.ie?
Q3. How do I make a claim?
Q4. Can Minors (those under the age of 18) make a claim?
Q5. What if the other driver was not insured? Can I still make a claim to InjuriesBoard.ie?
Q6. How do I deal with InjuriesBoard.ie?
Q7. I had an accident - how much will it cost me to make a claim through InjuriesBoard.ie?
Q8. Can I make an appointment to see someone about my claim?
Q9. What happens when InjuriesBoard.ie receives my completed application?
Q10. What happens if the Respondent does not agree to the assessment of my claim?
Q11. What are General Damages?
Q12. What are Special Damages?
Q13. How is an assessment made?
Q14. What is the Book of Quantum?
Q15. Does the Book of Quantum cover Medical and other expenses?
Q16. Who makes the assessment?
Q17. Will I have to go for a medical examination?
Q18. How long does it take to process a claim?
Q19. Can I settle my vehicle damage claim with the Respondent?
Q20. How long do I have to make a claim?
Q21. Do InjuriesBoard.ie deal with Fatalities?
Q22. What happens when InjuriesBoard.ie completes the assessment?
Q23. What happens if both parties accept the Assessment?
Q24. What happens if InjuriesBoard.ie do not receive a reply in writing from either party within the specified time periods?
Q25. What happens if either party rejects the Assessment?
Q26. Who pays any compensation awarded to the Claimant?
Q27. Is the compensation awarded taxable?
Q28. Can I withdraw my Claim?
Q29. What happens if someone makes a Claim against me (the Respondent)?
Q30. As a Respondent, how much will the InjuriesBoard.ie process cost me?
Q31. If the Respondent does not want the Claim assessed, what do they do?
Q32. What happens if the Respondent consents to the assessment of the Claim?
Q1. Who are InjuriesBoard.ie?
A: InjuriesBoard.ie, previously known as the Personal Injuries Assessment Board, is an independent statutory body, established in 2004 with the following aims:
- to assess how much compensation is due to an injured party;
- to reduce costs and fees involved in the administration of personal injury claims; and
- to reduce the amount of time it takes to finalise a claim for compensation.
InjuriesBoard.ie awards the same level of compensation as the Courts but within a faster time frame and without associated litigation costs. These costs are a major factor in the cost of Insurance premiums.
InjuriesBoard.ie handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving Public Liability.
Q2. Who should apply to InjuriesBoard.ie?
A: Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a Personal Injury (other than a personal injury arising out of medical negligence) must make an Application to InjuriesBoard.ie, previously known as the Personal Injuries Assessment Board.
Q3. How do I make a claim?
A: In order to make a claim you need to submit the following documentation:
- A completed application form (Form A) which can be submitted online or by post
- A medical assessment form (Form B) completed by your treating doctor. This can be submitted by post to InjuriesBoard.ie, P.O. Box 8, Clonakilty, Co. Cork.
- Payment of €50. This can be paid by contacting 1890 829 121 with credit/laser card details or online if you are submitting your Application online. Alternatively you can send a cheque or postal order payable to InjuriesBoard.ie by post to P.O. Box 8, Clonakilty, Co. Cork
For more information please see our Making a Claim guide
If you have any queries regarding our process please contact our Service Centre on LoCall 1890 829 121 or from Northern Ireland 0870 876 8121 Monday to Friday 8am to 8pm.
Q4. Can Minors (those under the age of 18) make a claim?
A. Yes. Claims involving Minors must also be made to InjuriesBoard.ie. Because they are under the age of 18 the Minor must be represented by a "next friend" who will make the claim on their behalf. The "next friend" will usually be the parent or guardian of the minor.
Due to the nature of these claims we do not accept Applications on behalf of Minor Claimants online.
To make a claim to InjuriesBoard.ie on behalf of a Minor Claimant please send a completed Application form (Form A) together with a Medical Assessment form (Form B) from the Claimant's treating doctor and payment of the €50.00 application fee to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork.
InjuriesBoard.ie will make an assessment of a claim brought on behalf of a Minor in the normal manner. However a Court must approve any Assessment when it has been accepted by both parties before the Respondent can be directed to pay the amount involved.
Q5. What if the other driver was not insured? Can I still make a claim to InjuriesBoard.ie?
Yes, but you should first contact the Motor Insurers Bureau of Ireland (MIBI), (tel: 01 6769944, www.mibi.ie) which deals with claims from victims of accidents caused by uninsured and unidentified vehicles. The MIBI can provide information on the insurance status of any vehicle. For more information on how the MIBI can help read this Note.
Q6. How do I deal with InjuriesBoard.ie?
A: You can deal directly with InjuriesBoard.ie and there are no legal fees involved. To apply to InjuriesBoard.ie we will require your completed application form, payment of the application fee of €50 and a medical report from your treating doctor. Alternatively, you may choose to engage an agent (e.g. a solicitor) who will submit the application on your behalf. You may, however, be liable for some or all of the cost in respect of engaging the agent.
Where legal fees are submitted as part of a claim they will be considered on the basis of whether they were reasonably and necessarily incurred in complying with the requirements of the Personal Injuries Assessment Board Act. Whether you deal directly with InjuriesBoard.ie or choose to engage an agent the award will be the same. Legal fees not considered reasonably and necessarily incurred will not be allowed and you may be liable for these fees.
To see Guidelines on Legal Costs under Section 44 of the PIAB Act click here.
Q7. I had an accident - how much will it cost me to make a claim through InjuriesBoard.ie?
A: A fee of €50 is payable with your application. This can be paid by contacting 1890 829 121 with credit/laser card details. Alternatively you can send a cheque or postal order payable to InjuriesBoard.ie by post to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork.
You will also have to pay the cost of the medical report from your treating Doctor which is required with your application.
The €50 application fee plus the reasonable and necessary cost of the report from your treating doctor will be repaid to you if both you and the Respondent (A Respondent is the term used to describe the person or entity against whom a claim is made) accept the Assessment when made.
If the Assessment is not accepted by both parties the costs involved will form part of your claim if you pursue the matter through the Court System. Reimbursement of the costs will then depend on the eventual outcome of your claim.
Q8. Can I make an appointment to see someone about my claim?
A: The InjuriesBoard.ie process is customer focused and straightforward. It involves a documents only procedure and does not involve any oral hearing. This means that there is no need for a Claimant (the injured party) to make an appointment or attend a hearing regarding their Claim.
Q9. What happens when InjuriesBoard.ie receives my completed application?
A: InjuriesBoard.ie will examine the Application and supporting documentation. Only when all required documentation has been received by InjuriesBoard.ie can we proceed.
When the Application is complete i.e. application, medical assessment form and €50 fee received, we will acknowledge the date of receipt and confirm your Application number. We will also advise you on the next steps in the process.
The Respondent has 90 days to confirm whether or not they consent to the assessment of your claim. If we receive consent from the Respondent, we will proceed with the assessment of your claim.
Normally an Assessment comprises of General Damages and Special Damages.
Q10. What happens if the Respondent does not agree to the assessment of my claim?
A: If the Respondent does not agree to InjuriesBoard.ie making an assessment of the claim, we will issue you with an Authorisation which will enable you to pursue the claim through the Courts if you wish.
Q11. What are General Damages?
General Damages cover compensation for pain and suffering resulting from injuries which you sustained in your accident. The Estimator will provide you with a guide to the Damages you may receive.
Q12. What are Special Damages?
Special Damages are any expenses that you have incurred as a result of an accident. Special Damages cover areas such as loss of earnings (see loss of earnings calculator), medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc.
Q13. How is an Assessment made?
A: InjuriesBoard.ie assesses Damages on the same basis and by reference to the same principles as Damages measured by the Courts. We base our Assessment i.e. the level of compensation being awarded, on the medical report(s) submitted by your treating doctor and the report(s) of the independent medical examiner(s) when sought by InjuriesBoard.ie.
We then assess the claim based on medical evidence and having regard to the Book of Quantum.
Q14. What is the Book of Quantum?
A: The Book of Quantum is a general guide as to the amounts that may be assessed in respect of specified types of injury. The Estimator will provide you with a guide to the General Damages you may receive.The law requires InjuriesBoard.ie and the Courts to have regard to the Book of Quantum
Q15. Does the Book of Quantum cover Medical and other expenses?
A: The Book of Quantum deals with compensation for Pain and Suffering only. A Claimant may also be entitled to claim under other headings such as:
In connection with claims for loss of earnings InjuriesBoard.ie has access to relevant information from the Revenue Commissioners and the Department of Social and Family Affairs to validate the amounts claimed and benefits received.
Q16. Who makes the Assessment?
A: The Assessment is made by Assessors of InjuriesBoard.ie who are specifically assigned this function under the Personal Injuries Assessment Board Act 2003.
Set out in InjuriesBoard.ie Assessors is a list of the Assessors who are specifically assigned the function of making Assessments.
Q17. Will I have to go for a medical examination?
A: The Claimant (the injured party) may have to attend a medical examination with an independent medical examiner. They will be notified if this is required. The cost of any independent examination will be paid for by the Respondent (the person or entity against whom a claim is made).
Q18. How long does it take to process a claim?
A: In the majority of cases we will issue an assessment of the claim within 9 months from the date the Respondent (the person or entity against whom a claim is made) agrees to the InjuriesBoard.ie process.
Our correspondence sets out what to expect during the assessment period. Depending on the nature of your injuries it is likely that we may contact you at some stage within the nine month period to arrange an independent medical examination(s). We will further contact you upon receipt of the report from the Independent Medical Examiner.
Q19. Can I settle my vehicle damage claim with the respondent?
A: Yes. Vehicle damage and any other agreed Special Damages may be settled at any stage of the process without impacting on your Personal Injury claim.
Q20. How long do I have to make a claim?
A: The normal timeframe within which you must make a claim is limited by law to two years from the date of the accident. There are exceptions to this for persons under 18 years of age and some other categories of cases. You are advised to submit your completed Application to InjuriesBoard.ie as soon as possible and well before the expiry of the two year period.
Q21. Do InjuriesBoard.ie deal with Fatalities?
A: Yes. InjuriesBoard.ie deals with cases involving Fatalities. Usually it is a close family member who makes the claim on their own behalf and on behalf of all the dependents. In the case of a fatality, the fatal application form should be completed (Fatal Application Form)
Due to the nature of these claims we do not accept Applications on behalf of the dependents of a person fatally injured in an Accident online.
To make a claim to InjuriesBoard.ie on behalf of the dependents of a person fatally injured in an Accident please send a completed Fatal Application form (Form A) and payment of the €50.00 application fee to InjuriesBoard.ie, PO Box 8, Clonakilty, Co. Cork.
Where there is a claim for loss of dependency and/or loss of services the Board will appoint an independent actuary where appropriate if consent to assess the claim is received. It is not necessary to submit an actuarial report with an application to the Board.
Q22. What happens when InjuriesBoard.ie completes the Assessment?
A: We will let the Claimant and the Respondent know in writing the amount of the Assessment i.e. level of compensation awarded. Claimants have 28 days in which to accept the award, Respondents have 21 days in which they can accept the award. If you accept the Assessment, you must acknowledge this in writing to InjuriesBoard.ie.
Q23. What happens if both parties accept the Assessment?
A: If both the Claimant and the Respondent accept the Assessment we will issue an 'Order to Pay'. This has the same status as an award of Court.
Q24. What happens if InjuriesBoard.ie do not received a reply in writing from either party within the specified time periods?
A: If we do not receive a reply in writing from the Respondent within the 21 days, the Respondent will be deemed to have accepted the Assessment. If we do not receive a reply in writing from the Claimant within the 28 days, the Claimant will be deemed to have rejected the Assessment.
Q25. What happens if either party rejects the Assessment?
A: If either of the parties reject the Assessment then we will issue an Authorisation which allows them pursue their claim through the Court system if they so wish.
You should be aware that if you reject the Assessment and legal proceedings issue there may be costs implications for you and/or the Respondent.
Q26. Who pays any compensation awarded to the Claimant?
A: Any compensation that may be payable is due from the Respondent (the person or entity against whom a claim is made). InjuriesBoard.ie does not pay compensation.
Q27. Is the compensation awarded taxable?
A: No. Compensation awarded by InjuriesBoard.ie is not subject to tax. However, income derived from the investment of compensation may be subject to tax. It is advisable to consult with the Revenue Commissioners - www.revenue.ie - on all taxation matters.
Q28. Can I withdraw my Claim?
A: If you wish to withdraw your Claim from InjuriesBoard.ie you may do so. Legal advice should be sought before you withdraw your Claim. You should be aware that if you withdraw your Claim, you cannot resubmit the Claim again nor initiate the claim through the Court system. You must inform InjuriesBoard.ie in writing of your decision to withdraw your Claim.
Q29. What happens if someone makes a Claim against me (the Respondent)?
A: A Respondent is the term we use to describe the person or entity against whom a Claim is made. If we receive a completed Application from a Claimant, for a Claim against you we will write to you with details of this Claim. This correspondence is referred to as a Formal Notice.
You, or your Insurance Company, have 90 days from the date of the Formal Notice to confirm in writing to InjuriesBoard.ie whether or not you consent to InjuriesBoard.ie assessing the Claim.
We recommend that you advise your Insurance Company of this Claim immediately. If your Insurance Company have agreed to handle the claim they will deal with InjuriesBoard.ie on your behalf.
For further information refer to Responding to a Claim.
Q30. As a Respondent, how much will the InjuriesBoard.ie process cost me?
A: You must pay the processing fee as detailed in the Formal Notice if you have consented or are deemed to have consented to InjuriesBoard.ie assessing the claim against you. If you have passed the claim to your Insurance Company and they have agreed to handle the claim on your behalf, they will pay this fee.
The fee payable is as detailed on the Formal Notice and this fee is due on the date of consent or deemed consent (if you have failed to reply in writing within the 90 days).
You or your Insurance Company will also have to pay any additional expenses incurred by the Board in assessing the claim such as the cost of independent medical examination(s) and report(s).
Q31. If the Respondent does not want the Claim assessed, what do they do?
A: The Respondent has 90 days from the date of the Formal Notice to advise InjuriesBoard.ie in writing as to whether or not they consent to the assessing of the Claim. If they do not want the Claim against them assessed by InjuriesBoard.ie, they must inform us in writing within the 90 days. We will then give the Claimant an Authorisation to pursue their Claim through the Court system if they so wish.
If we do not receive the reply in writing within the 90 days, we are obliged under the terms of the Personal Injuries Assessment Board Act 2003 to proceed to assess the Claim and the Respondent will be deemed by default to have agreed to the assessment proceeding and will be liable for the statutory processing fee.
Q32. What happens if the Respondent consents to the assessment of the claim?
A: If the Respondent (or their Insurance Company, if the matter has been passed to them) agrees to InjuriesBoard.ie assessing the claim, we will assess the amount of compensation and will formally notify the Respondent (or their insurer) and the Claimant of the Award, generally within 9 months.