Judges asked to review guidelines for injury claims

Justice Minister Charlie Flanagan has asked judges to review guidelines for minor personal injury claims amid efforts to drive down the cost of insurance premiums.

Mr Flanagan has written to Chief Justice Frank Clarke and asked if a temporary body of judges can examine existing guidelines for claims, including for whiplashes and soft tissue injuries.

Amid delays setting up the judicial council, the group will revise estimated award levels, particularly where compensation levels here are four to five times what are awarded in other countries.

In his letter to Chief Justice Clarke, obtained by the Irish Examiner, Mr Flanagan wrote: “It would seem therefore that an initial exercise in which these more pressing guideline levels would be reviewed and adjusted as appropriate would be a fairly small-scale and manageable exercise which could be completed quite quickly.”

The minister wants the judge’s body to review parts of the so-called book of quantum, for judges to sit down with representatives from the Personal Injuries Assessment Board (PIAB) and with court officials to assess levels of awards for soft tissue and whiplash-related claims.

While saying that he respects the independence of the judiciary, Mr Flanagan also said that their review “might then be published by PIAB, under its existing legislation, as a supplementary or replacement guideline”.

The process also leaves open the option of the new body examining bigger claim levels, where judges “are of the view that significant recalibration of the guideline figures in the existing book is necessary now”, wrote Mr Flanagan to the chief justice.

The changes are also being driven by junior finance minister Michael D’Arcy, who last week told the Irish Examiner that the new guidelines would address claims below €30,000.

The minister is concerned about fraudulent claims indirectly hiking up insurance charges demanded by firms.

Mr D’Arcy also recently highlighted how some insurance companies are settling personal injury claims without relying on medical reports to prove injuries actually occurred.

Insurance Ireland, the body representing firms, has warned that promised reform has been incomplete and that inaction is costing policyholders.