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The procedures pertaining to and details of the PIAB may be
found at www.piab.ie.
The intention of this document is not to repeat the detail publicly
available but, to provide an interpretation and recommendation
in the handling of claims subject to PIAB Proceedings. |
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The PIAB is by its nature purely an Assessment Board.
The Board will simply assess damages and
hand down an Award. That Award holds the authority, standing
and weight of a Court Order. |
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The Board will not deal with liability or credibility issues.
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It is the function of the Board to award damages promptly,
efficiently and without the historical delays
and procrastination. |
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It is the function of the Board to hand down its Award without
red tape, without Court procedures and without the ancillary
costs attached thereto. |
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The Board in effect replaces the Court in assessment only
cases. Research states, 92% of cases are historically settled
before reaching the Courtroom. The Board provides the opportunity
to the parties to remedy those cases and thereby free up the
Courts to deal with the seriously contentious cases. |
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A Plaintiff is entitled to obtain legal advice but must do
so at his/her own expense. |
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An Insurer/Defendant (Respondent) is obliged to make early
decisions particularly in relation to liability - 90 days from
the institution of PIAB Proceedings. That said a, 'Consent' is
not a formal admission. Liability may be reintroduced should
Court Proceedings ensue. |
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Contrary to much perception, the PIAB does not eliminate
negotiations. |
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Cases will be dealt with in the normal manner, pre-PIAB as pre-litigation. |
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Negotiations and settlement may take place between the parties
prior to the Plaintiff's application to the PIAB,
during the 90 days to the Return Date and at any time prior
to the Award. |
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The PIAB will remedy the case should the parties
fail to find agreement in advance. |
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At all times, therefore, the opportunity to negotiate is open
to the parties. |
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In summary, the PIAB provides an efficient procedure
to secure a timely Award, free of bureaucracy while eliminating
legal costs estimated at 47%. In this way, a substantial saving
is provided to Defendants and without penalty to the Plaintiff.
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