New claims system will not work
Understandably, there is widespread outrage, anger and bewilderment because of this massively massaged, ill-thought-out, inadequately debated and irresponsible piece of legislation.
PIAB is an independent board of assessors that deals with all personal injuries claims resulting from workplace, motor and public liability accidents. Since June 1, it deals with accidents happening in the work environment, and later this year it is intended to embrace all accident claims resulting in personal injuries.
It is envisaged that there will be a strict time limit of one year from the date of an accident within which to bring a claim.
Claimants will not have the professional guidance of a solicitor or barrister, except at their own cost. Previously they had automatic access to the courts through their solicitor, whose fees were paid by an insurance company.
Claimants were guaranteed just and fair compensation either by way of a professionally negotiated settlement or by court determination at no cost to them. This will no longer be the case. They are now on their tod unless they engage a solicitor and pay his or her fees out of whatever compensation may be awarded to them by PIAB.
The new legislation is the brainchild of Tánaiste Mary Harney who, in true Pavlovian style, has yielded to the all-powerful multinational insurance industry whose annual profits in Ireland alone run into ever increasing multi-millions. It is bombastically claimed by PIAB that accident victims will now get a better deal and, as a carrot, they spuriously argue that claims will be settled more quickly (nine months has been mentioned).
They also claim that there will be very significant reductions in motor insurance premia. Such claims are dubious, naive or deliberately deceptive. As a solicitor with considerable experience in this area of law, I would consider it professionaly unwise to settle any significant personal injury case within the time limit contemplated by PIAB. In some cases, it could be professionally disastrous and certainly inimical to the best interests of a client.
I wonder if any adequate consideration has been given to accidents involving injuries to children or minors. In these cases, it usually takes a minimum of 18 months before a doctor or medical specialist can give a definitive and final prognosis. I have in mind the case of a six-year-old boy who suffered gross physical injuries to his lower limbs and I am aware that I should not attempt to bring his case to a court hearing until the boy is skeletally fully-formed at the age of 14, at the earliest.
How could the parents of this unfortunate child be expected to prosecute a claim on his behalf without the professional guidance and expertise of his solicitor? It will be at least eight years more before this boy’s claim can be brought to successful finality.
Under the PIAB system, who would look after this lad’s claim? Who would pay the inevitable costs involved? The parents?
Since the new law came into force, I have had to tell three clients that, since June 1, their claims cannot be formulated through the court system because the new law requires them to deal directly with PIAB.
They are not entitled to have their genuine claims prosecuted by me, except at their own cost.
The Tánaiste has claimed PIAB as her political magnum opus. She has opened a very deep can of worms. PIAB will not work and the public will suffer while it remains on the statute books.
Mary Harney’s promissory note is certain to bounce and what with this and the election results, she is likely to look back on 2004 as the year when her magnum opus became her annus horribilis.
A Gerard Moylan,
Main Street,
Loughrea,
Co Galway.
