High Court Refuses Request To Reject A Formally Accepted PIAB Assessment

In C. (A Minor suing through his Mother and Next Friend) v An Unnamed Driver [2023] IEHC 651, the High Court approved a PIAB assessment of damages arising out of a road traffic accident. The court had been asked by the injured minor's mother and next friend to disapprove the assessment on the basis the damages were too low, this being despite the fact that the assessment had been formally accepted on behalf of the injured minor.

Legislative Framework

Pursuant to the Personal Injuries Assessment Board Act 2003 (‘PIAB Act'), a necessary first step in a personal injuries claim is to make an application to PIAB for an assessment of damages. The assessment can only become legally binding if both the claimant and respondent have accepted the assessment. If either party rejects the assessment, the claimant will be authorised to bring legal proceedings before the courts. There are, however, cost implications for a claimant who does not accept a PIAB assessment and