Injuries Board question

aimee5

I've searched on here and this topic has been covered before but I cant seem to find the specific answer to my question.

My solicitor applied to injuries board on my behalf three months ago. The accident which I was involved in occurred over a year ago.

From my understanding , normal procedure was for the injuries board to notify the respondent, and they had 90 days to accept or decline an assessment.

Now my solicitor has wrote to me stating "We are now in receipt of an Authorisation which permits you to take legal action through the courts."

Does this statement mean that the respondent has refused an assessment and my case will definitely be going through the courts? Or is it normal procedure.

I contacted my solicitor and the next available appointment is in three weeks time.

I have been off work since the accident and am out a lot of money in medical expanses and I'm wondering is this going to be another long wait for the court system.

Thanks

scoobydoobie

It could be that they refused for it to be assessed, it could also mean that they chose not to reply at all, so by default that is a refusal, and it then proceeds to the courts, it can be a long process in some cases, so be prepared to be waiting for up to another 5 or 6 years, anything before that will be a bonus.

Pro Hoc Vice

The case will now have to go through the courts. At a guess the Defendant has refused to have the matter assessed. Some defendants as a matter of course refuse assessment. Some insurance companies refuse assessment in certain circumstances. So noting much hangs on the issue. The time to issue proceedings was put on hold once you submitted a completed application and remains in hold for six months after the date on the authorisation.

aimee5

infosys wrote: »

The case will now have to go through the courts. At a guess the Defendant has refused to have the matter assessed. Some defendants as a matter of course refuse assessment. Some insurance companies refuse assessment in certain circumstances. So noting much hangs on the issue. The time to issue proceedings was put on hold once you submitted a completed application and remains in hold for six months after the date on the authorisation.

so proceedings cannot be issued for another six months?

what do you mean when you say "as a matter of course?"

An out of court settlement is completely out of the question now then?

Pro Hoc Vice

aimee5 wrote: »

so proceedings cannot be issued for another six months?

what do you mean when you say "as a matter of course?"

An out of court settlement is completely out of the question now then?

Q1 no, proceedings can now issue if you want, but the statute of limitations is on hold, in other words no chance of the case being statute bared.

Q2 some organszations "as a matter of course" (in other words in all cases good or bad refuse assessment).

Q3 But of course settlement is always possible, but only the defendant can in reality decide if he will settle out of court, it may very well settle before proceedings issue, or just after they issue or on the steps of the court or just when the case commences. But no one can tell you when or even if.

aimee5

thanks for the information people much appreciated.

its a long drawn and confusing process

fsfg

scoobydoobie wrote: »

It could be that they refused for it to be assessed, it could also mean that they chose not to reply at all, so by default that is a refusal, and it then proceeds to the courts, it can be a long process in some cases, so be prepared to be waiting for up to another 5 or 6 years, anything before that will be a bonus.

Just to clarify, this is rubbish.

If they did not respond, they would accept by default.

It may be your claim wasnt deemed quantifiable by the Injuries board (complex or overlapping injuries, psychological etc) or the defendant did not consent to the assessment (liability dispute, fraud concerns etc)

aimee5

which part is rubbish the 5-6 years?so a non response is an acceptance by default?

scoobydoobie

Sorry, i may have it the wrong re the acceptance of assessment, i taught it was the other way around, yes some more straight forward cases can be dealt with fairly quickly, different circumstances can affect waiting time, but 6 years is not unheard of, best of luck anyway.

kennM

Hey Aimee, slightly further ahead on the process so can give context in my experience.

scoobydoobie wrote: »

It could be that they refused for it to be assessed, it could also mean that they chose not to reply at all, so by default that is a refusal, and it then proceeds to the courts, it can be a long process in some cases, so be prepared to be waiting for up to another 5 or 6 years, anything before that will be a bonus.

In my experience 5/6 years sounds excessive. Don't expect it to be months. You are comfortably talking north of 1 year.

aimee5 wrote: »

so proceedings cannot be issued for another six months?

what do you mean when you say "as a matter of course?"

An out of court settlement is completely out of the question now then?

Q1) The next step is your solicitor draws up papers (writ I believe is the technical name) outlining your case and serves the defendant and submits to court. Process after this but I'm sure it'll all be explained to you. Feel free to PM and I can share what I've learned if you wish.

Q2) Some organisations choose not to go through the injuries board and choose to fight it. Naturally this is a gamble on their behalf. They may feel it "weeds out" false claims and only genuine claims will pursue legal action. I'm sure there are various business reasons.

Q3) Out of court settlement out of the question? - Not at all. I believe circa 80% of injuries claims are settled in advance of court action.

I'll drop you a PM...

McCrack

scoobydoobie wrote: »

Sorry, i may have it the wrong re the acceptance of assessment, i taught it was the other way around, yes some more straight forward cases can be dealt with fairly quickly, different circumstances can affect waiting time, but 6 years is not unheard of, best of luck anyway.

6 years is very unusual to process a personal injuries claim.

It would be usual where the case is particularly complex usually involving multiple defendants and/or complex injuries. The vast majority of PI case don't fall into this category.

The only other reason would be an inefficient solicitor.

aimee5

so after a brief phonecall with my solicitors secretary, it seems that they're in the process of writing the papers to be served on the defendant for a court hearing. From what I can gather, my solicitor has had absolutely no contact with the defendant regarding an early settlement.

With my case being in the position that it's in, could I ask my solicitor to contact the insurance company to see if they'll make a offer?

McCongo

aimee5 wrote: »

With my case being in the position that it's in, could I ask my solicitor to contact the insurance company to see if they'll make a offer?

It would be a very foolish thing to do. They did not allow PIAB deal with it and made no offer. Looking for an offer now sounds desperate and will only encourage them to draw things out even more. They will want to wait until they see your summons and have you medically examined so they can value your case before they will make any offer. Wait for them to seek settlement talks.

aimee5

What is the process for them to have me medically examined? The accident occured approx 16 months ago and they haven't been in contact regarding this as of yet.

I'm at the stage where the draft proceedings are in place and I'm waiting for an appointment to review them. Whats next?

hullaballoo

Basically, at any stage, they can ask you to attend a medical appointment for review. If you're still in the Injuries Board stage, you should go. However, if it has gotten to the stage where proceedings have issued, your solicitor should be talking you through the procedures.

You don't have to attend the other side's medical examinations but if you refuse, it should be with the advice of a legal professional because it could substantially affect your claim.

aimee5

hullaballoo wrote: »

Basically, at any stage, they can ask you to attend a medical appointment for review. If you're still in the Injuries Board stage, you should go. However, if it has gotten to the stage where proceedings have issued, your solicitor should be talking you through the procedures.

You don't have to attend the other side's medical examinations but if you refuse, it should be with the advice of a legal professional because it could substantially affect your claim.

I would have no problem attending I was just curious as to why they would wait so long.
The injuries board assessment was refused by the other sides insurance company, so proceedings are to be issued.

hullaballoo

aimee5 wrote: »

I would have no problem attending I was just curious as to why they would wait so long.
The injuries board assessment was refused by the other sides insurance company, so proceedings are to be issued.

In that case, you should already have your own legal advisors. That means you should have a solicitor to tell you what to do. The internet can't help you at this point.

Go and ask your solicitor what you should do. It isn't appropriate for you to attend a medical examination by the opposite side without proper legal advice.

kennM

hullaballoo wrote: »

In that case, you should already have your own legal advisors. That means you should have a solicitor to tell you what to do. The internet can't help you at this point.

Go and ask your solicitor what you should do. It isn't appropriate for you to attend a medical examination by the opposite side without proper legal advice.

Hey Hullaballoo... most people on here are trying to reach out to others to better understand the process and what happens. Naturally this leads to curiosity and boards.ie is a great way for people to get in touch with others in a similar situation/going through a similar process.

Aimee is just wondering why they would wait so long... the best we can really do is speculate largely. Typically symptoms that are going to heal will go over time and as such leaving the medical report till later allows for clarity in anything that may be long lasting vs. medico legal reports which still outline injuries which are still symptomatic. It may simply be a case that they don't need a medico legal report yet and as such they're not in a rush to do it.

All you can do is keep moving forward with the papers etc. which your solicitor will have you review, etc.

Pro Hoc Vice

kennM wrote: »

Hey Hullaballoo... most people on here are trying to reach out to others to better understand the process and what happens. Naturally this leads to curiosity and boards.ie is a great way for people to get in touch with others in a similar situation/going through a similar process.

Aimee is just wondering why they would wait so long... the best we can really do is speculate largely. Typically symptoms that are going to heal will go over time and as such leaving the medical report till later allows for clarity in anything that may be long lasting vs. medico legal reports which still outline injuries which are still symptomatic. It may simply be a case that they don't need a medico legal report yet and as such they're not in a rush to do it.

All you can do is keep moving forward with the papers etc. which your solicitor will have you review, etc.

The problem is that for every one person who knows what they are talking about on boards there are a thousand spoofers, nutters and muppets. The OP has a solicitor and at least one barrister, who I assume are going to get a fee, and have insurance, they are the best people to answer the OP's question as they have had sight of the file, and have the required indemnity insurance if anything goes wrong.

OP every claim is unique, without proper access to medical records etc. No one can answer your question, if you have had your own medical report that said you will remain symptomatic for 2 more years and proceedings have just issued then the defendant are going to wait to examin you in the hope of recovery.