Major changes are on the horizon for personal injuries claimants and solicitors. The Personal Injuries Assessment Board (PIAB) is implementing new legislative requirements that will significantly alter the application process. From the necessity of a claimant’s signature on all applications to the introduction of a mandatory medical report, the landscape of personal injury claims is set to transform. This comprehensive guide breaks down these changes, providing you with a clear understanding of what to expect and how to navigate the new terrain. Stay informed and prepared as we delve into the future of personal injury claims.
Introduction: Forthcoming Legislation Changes Impacting Personal Injuries Claimants and Solicitors
The Personal Injuries Assessment Board (PIAB) has recently issued a notice to inform personal injuries claimants and solicitors about significant changes that will commence later this year. These changes are a result of the implementation of new legislative requirements as outlined in the Personal Injuries Resolution Board Act 2022, which was enacted in December 2022.
The forthcoming changes are designed to streamline the application process, enhance the accuracy of information provided, and ensure a comprehensive understanding of each claim. These changes will affect all applications made to the PIAB and are expected to have a significant impact on how personal injury claims are processed.
It’s crucial for claimants and their solicitors to understand these changes to ensure a smooth transition when the new legislation comes into effect. The changes are set to commence in September 2023, providing ample lead time for claimants and solicitors to prepare and adapt to the new requirements.
Key Changes: A Closer Look at the New Requirements
The forthcoming legislation introduces three key changes to the PIAB application process that claimants and solicitors need to be aware of:
- Claimant’s Signature Requirement: In a significant shift from the current process, all PIAB application forms submitted after the commencement of the legislation will require the claimant’s signature. This requirement applies even when the claimant is represented by a solicitor. The introduction of this requirement underscores the importance of the claimant’s active participation and acknowledgment in the claim process.
- Mandatory Medical Report: Another crucial change is that all applications to PIAB must be accompanied by a medical report. This report, prepared by a medical practitioner, should outline the nature of the injuries allegedly sustained by the claimant. This requirement ensures that there is a professional medical evaluation of the injuries at the very onset of the claim process, providing a solid foundation for the assessment of the claim.
- Detailed Incident Descriptions: The new legislation also mandates more detailed descriptions of the accident or incident causing the injury. Claimants will need to provide comprehensive information about when, where, and how the accident or incident occurred. This change aims to gather as much information as possible about the incident, which can help in the accurate assessment of the claim.
These changes mark a significant shift in the PIAB application process, emphasizing transparency, thoroughness, and claimant involvement. As we move closer to the commencement of the new legislation, it’s essential for claimants and solicitors to familiarize themselves with these changes and understand their implications.
Commencement of Changes: Mark Your Calendars
The Minister for Enterprise, Trade and Employment has allowed a lead-in time for the commencement of these changes relating to application requirements. This means that these changes will not take effect immediately but will be gradually implemented to allow claimants and solicitors ample time to adapt to the new requirements.
The commencement order will come into effect from the 4th of September 2023. From this date onwards, all PIAB applications will need to adhere to the new requirements as outlined in the Personal Injuries Resolution Board Act 2022.
This lead-in time is a crucial period for claimants and solicitors to familiarize themselves with the new application process, understand the new requirements, and prepare for the changes. It’s recommended to use this time to review the new legislation, understand its implications, and plan accordingly to ensure a smooth transition when the changes come into effect.
Additional Changes: More to Come
While the changes outlined above are significant, they are not the only modifications on the horizon. Additional changes will follow later in the year as the new legislation continues to be implemented.
One of the key areas that will be affected is mediation. As the new legislation aims to streamline the personal injuries claim process and make it more efficient, the role of mediation will be enhanced. This is expected to provide a more collaborative and solution-oriented approach to resolving claims.
The specifics of these additional changes, including how they will impact the claim process and what claimants and solicitors need to do to prepare, will be provided closer to the commencement of these additional sections.
The PIAB is committed to keeping claimants and solicitors informed about these changes. As such, further information highlighting any additional key changes will be provided as we approach the commencement of these additional sections.
New PIAB Application Forms: A Fresh Approach to Data Collection
With the commencement of the relevant sections of the new legislation, PIAB will introduce new application forms. These forms have been designed to capture all the data requirements set out in the Personal Injuries Resolution Board Act 2022.
Once the legislation has been commenced, all applications to PIAB will need to be made on the new version of the application form. It’s important to note that any old versions of the application form submitted to PIAB post-commencement will not be accepted. This is to ensure that all applications adhere to the new requirements and provide the necessary information for a comprehensive assessment of the claim.
The new forms are a key part of the changes introduced by the new legislation. They are designed to facilitate a more efficient and thorough data collection process, ensuring that PIAB has all the necessary information to process personal injuries claims.
In the next section, we will delve into the key requirements of the new application process and provide a detailed breakdown of what claimants and solicitors need to know.
Key Requirements: Understanding the New Application Process
The new PIAB application process introduces several key requirements that claimants and solicitors need to be aware of. These requirements are designed to ensure that the PIAB has all the necessary information to process the claim effectively. Here’s a detailed breakdown:
- Claimant’s Information: All applications will need to specify the full name, date of birth, and contact number of the claimant. In cases where the claimant may not have a contact number, they can declare that they do not have one.
- Claimant’s Address: All applications will require the address at which the claimant ordinarily resides.
- Personal Public Service Number (PPSN): All applications will require the PPSN of the claimant. In cases where a PPSN has never been issued to the claimant, other forms of ID will be accepted in place of a PPSN. Acceptable identity documentation will include a valid driving license, a valid passport, and a valid national identity card.
- Information about the Respondent(s): All applications will require the name and address of the person or persons who the claimant alleges is liable in respect of the accident or incident (the respondent(s)). PIAB will accept the respondent insurer’s address in circumstances where appropriate.
- Details of the Incident: All applications will need to specify the date and time when the alleged accident or incident occurred. In cases where a date range is more appropriate due to the incident occurring over a period of time, a date range will be accepted and in these cases, a time will not be applicable. Time ranges will also be provided for on the new application form.
- Description of Injuries: All applications will need to provide a description of the personal injuries allegedly sustained detailing the body part(s) and nature of the injury or injuries (fracture, soft tissue, etc.)
- Medical Report: Each application will need to be accompanied by a medical report, prepared by a medical practitioner which details the nature of the injuries allegedly sustained.
- Claimant’s Signature: All applications will need to be signed by the claimant and provide confirmation of all the above information. The claimant’s signature can be a digital signature or a scanned ‘wet’ signature.
- Application Fee: A fee of €45 for online applications or €90 for postal applications is payable.
These requirements are designed to ensure that PIAB has all the necessary information to process the claim effectively. It’s crucial for claimants and their solicitors to understand these requirements and ensure that they provide all the necessary information when submitting an application to PIAB.
Changes to the PIAB Solicitor Portal: A Two-Part Application Process
The PIAB Solicitor Portal is set to undergo significant changes with the commencement of the relevant sections of the Personal Injuries Resolution Board Act 2022. The application process will now be in two parts:
Part 1: Required Information: This is the main body of the application form and will capture all the required information relating to the claim. It can be completed in the Solicitor Portal as per the current process by the claimant’s solicitor. Once this has been completed, the solicitor will have the ability to generate a PDF of Part 1, allowing for it to be shared electronically with the claimant should they wish, ahead of the claimant signing the application. The application will be held on the system with a ‘pending’ status.
Part 2: Claimant Signature: This part of the application form is for the claimant’s signature. Once Part 2 is signed by the claimant, the solicitor will be able to attach this to the pending application in the Solicitor Portal and submit it to PIAB for review.
Once the application, comprising of both parts, has been submitted to PIAB, the solicitor will receive an automatic reply confirming that the application is received. PIAB will aim to review all applications as quickly as possible with a target time of 3 working days. It is the responsibility of the claimant and/or the claimant’s solicitor to ensure they leave adequate time to make an application to PIAB.
This two-part application process is designed to ensure that all the necessary information is provided and that the claimant has an opportunity to review and sign the application before it is submitted. It’s a significant change to the current process and one that claimants and solicitors need to familiarize themselves with.
Changes to Postal Applications: A Two-Part Process for Paper Forms
For those who prefer to submit their applications via post, the process will also be divided into two parts:
Part 1: Required Information: Similar to the online process, the first part of the application form will capture all the required information relating to the claim. Application forms for postal applications will be made available on the PIAB website.
Part 2: Claimant Signature: The second part of the application form is for the claimant’s signature. Once the claimant has signed Part 2, it can be attached to the completed Part 1 and mailed to PIAB for review.
Once the postal application, comprising of both parts, has been received by PIAB, the applications will be reviewed as quickly as possible with a target time of 3 working days. It is the responsibility of the claimant and/or the claimant’s solicitor to ensure they leave adequate time to make an application to PIAB.
This two-part process for postal applications ensures that the same level of detail and claimant involvement is maintained, regardless of whether the application is made online or via post. It’s another important change that claimants and solicitors need to be aware of as the new legislation comes into effect.
Review Process: Ensuring Complete and Valid Applications
Once an application, either a Postal Application or a Solicitor Portal Application, has been submitted and reviewed by PIAB, the solicitor and/or claimant will be updated on the status of the application. PIAB aims to review applications as quickly as possible, with a target time of 3 working days.
Following the review, if the application is complete and valid, and details all the information as required under Section 11 of the Personal Injuries Assessment Board Act 2003 (as amended), the application will be confirmed as complete for the purpose of acceptance by PIAB. The effective Section 50 date will be the date the complete application was received.
However, if the application is incomplete in respect of the requirements under Section 11 of the Personal Injuries Assessment Board Act 2003 (as amended), PIAB will write to the solicitor/claimant outlining the information that is outstanding, and requesting that the missing information be returned to PIAB within 28 days. If at the end of the 28 days, the application remains in an incomplete state, the application fee will be returned to the solicitor/claimant and PIAB will close its file.
Once the missing information is provided to PIAB and the application is deemed complete and valid, the effective Section 50 date will be the date when the last piece of missing information is provided to PIAB.
It is important to note that where the required information is not provided, an application cannot be deemed complete by PIAB and will not be deemed complete for the purposes of the statute of limitations. It is therefore important that the claimant and/or the claimant’s solicitor ensure they leave adequate time when submitting an application to PIAB.
Conclusion: Navigating the New Landscape of Personal Injury Claims
The forthcoming changes to the PIAB application process represent a significant shift in the landscape of personal injury claims in Ireland. These changes, while designed to streamline the process and enhance the accuracy of information provided, may seem daunting to claimants and solicitors alike. However, with the right guidance and understanding, navigating this new terrain can be a smooth process.
At this juncture, it’s crucial to have a reliable partner to guide you through these changes. The Irish Claims Board is an excellent resource for claimants seeking to understand and navigate the new PIAB application process. With their in-depth knowledge of the legislation and its implications, they can provide invaluable guidance to ensure that your claim is handled correctly and efficiently.
Moreover, the Irish Claims Board offers a free assessment of your claim even before a formal submission to PIAB. This service can provide you with a clear understanding of the potential outcomes of your claim, helping you make informed decisions throughout the process.
As we navigate these changes together, remember that the goal remains the same: to ensure that personal injury claimants receive the compensation they deserve. With the Irish Claims Board by your side, you can confidently navigate the new PIAB application process and secure the best possible outcome for your claim.
