Significant PIAB changes come into effect from 4th of September 2023

Significant changes to the PIAB process will be implemented on the 4^th of September 2023. The changes will ensure Claimants and their solicitors provide more accurate information at the outset. The changes will assist indemnifiers in investigating a claim when an application is made to PIAB. This article written by Barry Kelleher, Solicitor and Elena O’Driscoll, CKT gives an overview of the key changes.

 Introduction:

Minister Dara Calleary announced that the second phase of the Personal Injuries Resolution Board (PIRB) Act 2022 will take effect from 4 September 2023. With commencement on the horizon, it is time for stakeholders to become familiar with the changes.

 Key Changes:

The Second Phase represents a significant milestone in the implementation of this legislation with three key changes, each of which marks a substantial change from the past PIAB application process:

1. Signature Required:

All PIAB application forms after the commencement of the legislation in September 2023 will require the Claimant’s signature, representing a notable change from the current process. This is applicable even where the Claimant is represented by a solicitor, highlighting the significance of the Claimant’s participation in the claim process and the accuracy of the information provided. Under the new two-part application process, the Claimant will need to sign Part Two, either by digital signature or scanned ‘wet’ signature.

2. Mandatory Medical Report:

All applications to PIAB must now be accompanied by a medical report prepared by a medical practitioner. The report now needs to contain full detail of the nature and extent of the injuries allegedly sustained, ensuring that a medical professional gives a full and frank evaluation at the outset of the claim. This change is an attempt to eliminate or reduce fraudulent claims.

It is also important to note that PIAB will now deem an application incomplete without a supporting medical report. This may have a significant impact on Claimants who are limited in time due to statute. It appears from the legislation that the practice of lodging an application and obtaining a medical report afterwards will no longer be acceptable. The application will be deemed incomplete and time in regard to statute will continue to run.

3. Detailed Incident Description:

Finally, more detailed descriptions concerning when, where, and how the accident or incident causing the injury occurred are now required  within the initial application under the Act. Claimants will have to provide extensive information about the date and time when the alleged incident occurred. This will assist claims handlers in correctly assessing claims at the outset. It also endeavours to bring more transparency and thoroughness to the process.

More to Come:

Additional changes will follow later in the year as new legislation continues to be implemented.  In particular, the role of Mediation will be enhanced and further clarity in relation to that process is awaited. At present, the Injuries Board is recruiting mediators to carry out this function.

Conclusion:

In conclusion, the Personal Injuries Resolution Board Act of 2022 and particularly the commencement of the Second Phase, marks a significant change in the claims process. The key changes intend to streamline the process and enhance the accuracy of information provided, which will assist indemnifiers in the initial stages of claims.

For more information on anything related to this article, please contact our Insurance Team.