Ó An Roinn Fiontar, Trádála agus Fostaíochta
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The Minister of State for Trade Promotion, Digital and Company Regulation, Robert Troy, today welcomed the publication by the Personal Injuries Assessment Board (PIAB) of their second report on average award levels under the Personal Injury Guidelines.
Minister of State with responsibility for Trade Promotion, Robert Troy, said:
"The Personal Injury Guidelines were just one measure brought forward under the government’s Action Plan for Insurance Reform, and I thank PIAB for their continued analysis of awards levels since their introduction in April. We can see that 20% of awards are now under €5,000, and 29% are between €5,000 and €10,000 meaning 49% of awards are now under €10,000. This compares to just 12% in 2020. 72% of awards are now €15,000 or less compared to just 30% of PIAB awards in 2020.
"It is evident that the Guidelines are continuing to have an impact and while this progress is welcome, I am committed to progressing a programme of legislative reform to strengthen PIAB. Legislation which I published in February will give more powers and responsibilities to the Board to facilitate an increase in the number of personal injury claims that may be resolved through it and without recourse to litigation. As part of its expanded remit it will play an important role in information analysis and conduct awareness campaigns to inform public audiences of the benefits of settling through the Board.
"Pre-legislative scrutiny of this legislation by the Joint Committee commenced on March 30th. I am determined to progress this legislation to enactment in 2022. I am confident that these reforms will increase the number of personal injury claims resolved through the PIAB process which offers a faster and more cost-effective resolution of personal injuries claims than litigation."
The Personal Injuries Guidelines were adopted by the Judicial Council on 6 March 2021. The Minister for Justice, Helen McEntee, appointed Saturday 24 April 2021 as the commencement date of the Personal Injuries Guidelines.
The Guidelines set out the level of damages that may be awarded or assessed in respect of personal injuries. The Guidelines reduce award levels for most categories of personal injury and will be used by both the Personal Injuries Assessment Board (PIAB) and the courts to assess compensation in such claims.
The Personal Injuries Guidelines deal with a wide range of injuries in terms of General Damages, they do not change Special Damages, which are costs like medical or travel expenses or compensation for loss of wages.
The Book of Quantum will continue to apply where Personal Injuries Assessment Board assessments have been made or where a hearing is already before the courts.
The Guidelines are required, under the terms of the Judicial Council Act 2019, to be reviewed within three years of being adopted and every three years thereafter.
PIAB is a state agency under the aegis of the Department of Enterprise, Trade and Employment. It was established in 2004 and is Ireland’s independent State body which assesses personal injuries compensation in a timely and cost-efficient manner. PIAB assesses claims for compensation arising from personal injuries sustained as a result of a motor, workplace or public liability incident.
Since its establishment the PIAB model has delivered major benefits by providing a low-cost, quick and fair option in injury compensation. The PIAB system annually saves tens of millions of euro which would otherwise be paid in processing costs by the parties, and ultimately by policyholders.
On 9 February, Minister of State for Trade Promotion, Digital and Company Regulation Robert Troy published the General Scheme of the Personal Injuries Resolution Board Bill 2022.
The policy objective of the General Scheme is to facilitate an increase in the number of personal injury claims that may be resolved through the Board’s process and without recourse to litigation. The Scheme amends the Personal Injuries Assessment Board Act in several ways including:
Pre legislative scrutiny of the General Scheme by the Joint Committee commenced on 30 March.