11 Jul What to do if my Injuries Board assessment is rejected?
Unless a solicitor manages to settle the case early on, your personal injury claim must be assessed by the Personal Injuries Assessment Board (PIAB). PIAB is a statutory body and, with the exception of cases relating to medical negligence, all personal injury claims must be submitted to it before they can proceed to court. Here’s our guide on what to do if your Injuries Board assessment is rejected.
When can an assessment be rejected?
PIAB’s assessment of your claim can be rejected if the respondent – who you believe is the negligent party responsible for your injuries – doesn’t agree to the assessment. Or if either side rejects PIAB’s recommended award amount.
When a claim is submitted to PIAB, the person or organisation accused of being negligent must accept liability for the assessment to proceed. If the respondent contests liability or negligence, the assessment will be rejected.
More often, the award amount suggested by PIAB is rejected by claimants. According to PIAB’s 2017 report, nearly half of the compensation money awarded by PIAB in 2016 was rejected by applicants.
It is important to understand that you are under no obligation to accept PIAB’s recommendation. Consider whether or not the suggested award seems fair to you and takes the full extent of your injuries into account.
Consult an expert before accepting an award. An experienced personal injury solicitor will help you achieve the best possible outcome.
What to do if an assessment is rejected
When an assessment is rejected, an authorisation is issued by PIAB providing permission for the case to go to court. Legal proceedings can then be issued by your solicitor. Before reaching a courtroom, direct negotiations with the defendant or the insurance company usually take place and the case is often settled. Alternatively, if no agreement is reached, a judge will decide the outcome and an award amount during a court hearing
A report by the Central Bank examined 418 personal injury claims of varying severity from 2010 and found that where the PIAB’s awards were rejected and sent to court, the final claim settlement was higher.
Get help from Ferrys Solicitors LLP today
Throughout the claim process, consult a solicitor to ensure you are compensated fairly. Awards should include compensation for any pain, suffering or psychological trauma endured, as well as expenses incurred like loss of earnings or medical fees.
If you accept an award and it isn’t large enough to cover the long term costs of your injuries, it isn’t possible to make any more claims. Speak with a solicitor to make sure you get a fair settlement. Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors now.