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Personal injury claims and the Injuries Resolution Board
Almost every personal injury claim in Ireland has to start with the Injuries Resolution Board, the independent State body that was known until recently as the Personal Injuries Assessment Board (PIAB). The Board can assess compensation without the cost of court proceedings, and only if the process does not resolve the claim can it go to court.
General information, not legal advice. This guide explains the law in Ireland in general terms. It cannot take account of your circumstances. For advice on your own situation, consult a solicitor.
Which claims go to the Board
According to Citizens Information, all personal injury claims in Ireland, except medical negligence claims, must be submitted to the Injuries Resolution Board. That covers the three main types of accident:
- road traffic accidents;
- workplace accidents (employer liability);
- public liability accidents, such as a fall in a shop or on a footpath.
The Board now also assesses claims for psychological injuries, which it did not do in the past. If the driver at fault was uninsured or cannot be traced, contact the Motor Insurers Bureau of Ireland (MIBI) before applying.
Time limits
The general time limit for a personal injury claim is two years, under the Civil Liability and Courts Act 2004. It normally runs from the date of the accident, or from the date you first knew, or ought to have known, about the injury and who caused it. Making a complete application to the Board stops the clock while the Board deals with the claim, but the precise deadline that applies afterwards can be technical. Anyone close to the two-year mark should get legal advice without delay.
It is also important to notify the person responsible within one month of the accident, in writing and ideally by registered post, giving details of what happened. Failing to do so does not end the claim, but it can affect your recovery of legal costs if the case later goes to court.
Making an application
You can apply online through the Board's website, by email, or by post. You do not need a solicitor, though you can use one. The application must include:
- your name, date of birth, address and contact details;
- your PPS number, or valid ID if you have never had one;
- whether it is a road traffic, workplace or public liability claim;
- the date, time, place and circumstances of the accident;
- a description of your injuries and how they have affected you;
- a medical report from your treating doctor;
- the name and address of the respondent;
- whether you agree to mediation;
- the application fee.
Keep receipts for any losses and expenses, such as medical bills, travel to appointments and lost earnings, and send copies with the application. A claim can also be made on behalf of a child under 18, a person who lacks capacity, or someone who died as a result of the accident (using the fatal accident form).
Fees
The claimant's application fee is €45 online or €90 by post or email. If the respondent agrees to the Board assessing the claim, the respondent pays a separate, larger fee.
The respondent's decision
The Board notifies the respondent, who has 90 days to say whether they consent to the Board assessing the claim. If they refuse, the Board issues an authorisation, the legal document that allows you to bring the claim to court. If they consent, the Board moves on to mediation or assessment.
Mediation
The Board offers free, voluntary mediation for workplace and public liability claims and, since 12 December 2024, for road traffic claims too. An independent mediator works with both sides to reach an agreement. If you agree, you sign a written agreement and there is a ten-day cooling-off period, after which the Board issues a legally binding Order to Pay. What is said in mediation is confidential and cannot be used later in an assessment or in court. If mediation does not lead to agreement, the claim can still be assessed if the respondent consents.
Assessment
The Board assesses the claim using your medical report and, if needed, a report from an independent doctor it appoints. Compensation for the injury itself is guided by the Personal Injuries Guidelines adopted by the Judicial Council, which replaced the old Book of Quantum and set ranges for different types of injury. The Board can depart from the Guidelines but must give reasons. Financial losses, such as lost wages and medical costs, are added on the basis of what you can prove. Citizens Information notes that most claims are assessed within nine months of the respondent agreeing to the assessment.
Accepting or rejecting the award
Both sides receive a Notice of Assessment.
- You have 28 days to accept in writing. If you do not reply, you are treated as having rejected it.
- The respondent has 21 days. If they do not reply, they are treated as having accepted it.
If both accept, the Board issues an Order to Pay, which has the same effect as a court order. If either side rejects the award, you receive an authorisation to go to court.
Some illness-related social welfare payments can be recovered by the Department of Social Protection from the compensator under the Recovery of Benefits scheme, rather than from you.
Going to court
Court is possible if the respondent refuses an assessment, either side rejects the award, or the respondent fails to pay. Legal advice is important at this stage because of the costs rules. If you reject an award that the respondent accepted, go to court, and are awarded less than the Board's figure, you will usually have to pay the respondent's legal costs as well as your own, even though you won. You can also be penalised on costs for not cooperating with the Board, for example by missing a medical examination it arranged.
Practical points
- See a doctor promptly and keep all medical records.
- Take photographs of the scene and your injuries, and note any witnesses.
- Report road accidents to An Garda Síochána and your insurer, and workplace accidents to your employer.
- It is an offence to give false or misleading information in a claim.
Claims for small sums arising from damage to property rather than injury may suit the small claims procedure instead.
Frequently asked questions
Is the Injuries Resolution Board the same as PIAB?
Yes. The Injuries Resolution Board is the new name for the Personal Injuries Assessment Board (PIAB). Its role in assessing personal injury claims continues.
How long do I have to make a personal injury claim in Ireland?
Generally two years from the accident, or from the date you knew of the injury. Notify the person responsible within one month of the accident.
How much does it cost to apply to the Injuries Resolution Board?
The claimant's fee is €45 for an online application and €90 for an application by post or email.
Do I have to accept the Injuries Resolution Board award?
No. You have 28 days to accept. If you reject it you can go to court, but you risk paying costs if the court awards less than the Board did.