PIAB to allow vulnerable people to claims additional costs
The Irish Personal Injuries Assessment Board (PIAB) is to extend the circumstances in which vulnerable personal injury claimants may be allowed additional fees and expenses including legal fees on the assessment of their claims.
The PIAB said the additional costs may be justified for certain claimants because of their exceptional circumstances, which may inhibit their access to the service. These costs will be borne by the respondent (typically the insurance company).
It claims to be making personal injury awards at the same level as the Courts but three times faster and at 70% lower delivery cost. It estimates that the inherent efficiencies in its non-adversarial model will result in processing cost savings of circa €40 million per annum to the benefit of society as a whole.
At present the PIAB Act 2003 provides for additional fees and expenses in assessments for claimants who lack full legal capacity (e.g. a minor). To date it has included these fees and expenses in approximately 1,000 such assessments. By providing for legal costs for ‘claimants lacking full legal capacity’ the PIAB Act 2003 sought to protect vulnerable claimants. PIAB believes that vulnerable claimants must be more broadly defined to encompass those in society who, through individual circumstances, may require additional assistance.
Patricia Byron, chief executive said: "While PIAB provides assistance to its claimants via its LoCall Helpline there will also be exceptional cases where a claimant requires additional assistance to gain access to our service, and the Board recognises this. I believe this is a very welcome and necessary development and benefits those claimants who by virtue of individual circumstances need external advice to process their claim with PIAB."
