Responding to a Claim
How to Respond to a Claim
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.
Under the Personal Injuries Assessment Board Act 2003 anyone seeking compensation for a personal injury (other than a personal injury arising out of medical negligence) must apply to InjuriesBoard.ie. If someone makes a claim against you the following sections outline your role in the process.
What is a Respondent?
What happens if someone makes a claim against me (the Respondent)?
How is an Assessment made?
Evaluation of medical information
What does an Assessment comprise?
What are General Damages?
What are Special Damages?
What is the Book of Quantum?
What happens when InjuriesBoard.ie completes the Assessment?
When the Assessment is accepted by both parties what happens?
What is an Authorisation?
What Fees are Payable?
How can I contact InjuriesBoard.ie?
What is a Respondent?
A Respondent is the term we use to describe the person or entity against whom a claim is made.
What happens if someone makes a claim against me (the Respondent)?
If we receive a completed Application from a Claimant initiating a claim against you we will write to you with details of this claim. This correspondence is referred to as a Formal Notice.
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.
What happens next?
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 us assessing the claim.
- If you consent to the assessment of the claim you must advise us in writing within the 90 days. On consenting to the assessment of the claim a statutory fee for dealing with the Claimant's Application is payable. 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.
- If however you do not consent to an InjuriesBoard.ie Assessment, you must advise us in writing within 90 days. We will then issue the Claimant with an Authorisation which allows them pursue their claim through the Court system if they so wish.
- If we do not receive a reply in writing within the 90 days, you will be deemed by default to have consented to the assessment of the claim and become liable for payment of the statutory fee for dealing with the Claimant's Application.
- Where you consent to the assessment of the claim we will assess the amount of compensation due to the Claimant and will formally notify you (or your Insurer) and the Claimant of the Assessment.
How is an Assessment made?
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 on the medical report(s) submitted by the Claimant's treating doctor and the report(s) of the independent medical examiner(s) when sought by InjuriesBoard.ie.
We then assess the claim based on all medical evidence provided and having regard to the Book of Quantum.
Evaluation of Medical information
When the Claimant submits an application they must also provide a copy of their treating doctor's medical assessment form (Form B) in relation to the injury sustained. A copy of this medical assessment form is sent to you, the Respondent, with the Formal Notice.
When necessary we arrange an independent medical examination for the Claimant, the cost of which is borne by the Respondent, or their insurance company.
We then assess the claim based on the medical evidence provided and having regard to the Book of Quantum
What does an Assessment comprise?
Normally an Assessment comprises General Damages and Special Damages.
What are General Damages?
General Damages cover compensation for pain and suffering resulting from injuries which were sustained by the Claimant in the accident. The Estimator will provide you with a guide to the damages which we may award.
What are Special Damages?
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.
What is the Book of Quantum?
The Book of Quantum is a guide to compensation levels for particular injuries. Please also see the Estimator.The law requires InjuriesBoard.ie and the Courts to have regard to the Book of Quantum.
What happens when InjuriesBoard.ie completes the Assessment?
On completion of the Assessment we will issue to you (or your insurer) and the Claimant a Notice of Assessment confirming the amount of the Assessment i.e. level of compensation being awarded. You (or your Insurer) have 21 days from the date of receipt of the Notice of Assessment to confirm whether you accept or reject the Assessment.
- If you accept the Assessment, you must acknowledge this in writing to InjuriesBoard.ie within 21 days of receipt of the Notice of Assessment.
- If the Claimant also accepts the Assessment we will issue an 'Order to Pay'. This has the same status as an award of Court.
- If we do not receive your reply in writing within the 21 days, you will be deemed to have accepted the Assessment. In the event that the Claimant has accepted the Assessment you will be liable to pay the Claimant the amount of the Assessment.
- If either of the parties reject the Assessment then we will issue an Authorisation which allows the Claimant pursue their claim through the Court system, if they so wish.
You should be aware that if you do not consent to an assessment being made by InjuriesBoard.ie, or if you reject the Assessment when made and legal proceedings issue, there may be costs implications for you and/or the Claimant.
What happens when the Assessment is accepted by both parties?
InjuriesBoard.ie will issue you or your insurance company with an Order to Pay. This Order is legally binding and has the same effect as an award of Court. If you or your insurance company fail to pay any or all of the assessment, as indicated in the Order to Pay, it is open to the Claimant to enforce payment through the Courts.
What is an Authorisation?
An Authorisation is issued to the Claimant in order that they can pursue their claim through the Court system, if they so wish.
An Authorisation is issued if:
- you have declined to let the claim proceed to assessment from the outset
or - the Assessment has been rejected by either you or the Claimant.
An Authorisation may also be issued in exceptional cases and InjuriesBoard.ie will advise both you and the Claimant if the claim falls within this category. Both parties should be aware that if legal proceedings issue, there may be costs implications for both parties.
What Fees are Payable?
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).
PLEASE NOTE - There are two occasions during the process when Respondents must contact InjuriesBoard.ie in writing.
- The first is prior to the expiry of the 90 days allowed to consent or not consent to the making of an assessment by InjuriesBoard.ie.
- The second is prior to the expiry of the 21 days allowed to accept or reject the Assessment when made.
IF EITHER OR BOTH OF THESE TIME LIMITS ARE MISSED THERE CAN BE FINANCIAL CONSEQUENCES FOR RESPONDENTS.
If you have any questions regarding the InjuriesBoard.ie process please contact us at:
InjuriesBoard.ie
P.O. Box 8
Clonakilty
Co. Cork
Tel: LoCall 1890 829 121 or from Northern Ireland 0870 876 8121 - Monday to Friday (8am-8pm)
Email: enquiries@injuriesboard.ie
AT ALL TIMES, IT IS OPEN TO THE PARTIES INVOLVED TO AGREE SETTLEMENT OF THE CLAIM AND YOU SHOULD ADVISE InjuriesBoard.ie IF THIS OCCURS.