Personal injury reforms to come into effect next week
A number of key reforms to the Personal Injuries Assessment Board (PIAB) will come into effect from next week, the government has announced.
Dara Calleary, minister of state for trade promotion and digital transformation at the Department of Enterprise, Trade and Employment, has signed a commencement order providing for certain provisions of the Personal Injuries Resolution Board Act 2022 to come into force from 13 February 2023.
From Monday, where a claim proceeds to litigation, a PIAB assessment that has been accepted by a respondent will have the status of an offer of tender payment. Where the court award is not greater than the value of the PIAB assessment, the claimant will not recover their costs and will generally be liable for the respondent’s costs as well.
PIAB will have additional time to assess claims where an injury is yet to settle rather than releasing to litigation and will also assess claims of a wholly psychological nature.
It will become an offence to supply false information to PIAB and PIAB will be empowered to disclose information to An Garda Síochána.
PIAB will also deepen its research, analysis, and information awareness roles.
Mr Calleary said: “This government has prioritised and delivered insurance reform. While we are beginning to see the impact of this reform on motor insurance prices, it is time for the benefits to be realised in employer and public liability business lines.
“The PIRB Act will encourage more claimants and respondents to avail of an enhanced personal injuries resolution service, reducing the need to go to court and reducing the cost of personal injury claims.
“Alongside the provisions commenced with effect from 13 February, further provisions due to be commenced in the coming months will allow an enhanced resolution board to offer mediation as a means of resolving a claim.
“I will continue to work with PIAB to ensure the remaining provisions of the new Act are commenced at the earliest opportunity.”