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went to injury board doctor how long after it do u recive a quoat

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  • 01-09-2014 4:21pm
    #1
    Registered Users Posts: 27


    How long be4 u get a price after seeing the Injury board doctor


Comments

  • Closed Accounts Posts: 24 Liberty Insurance: Lisa


    Hi Martinet76
    Thanks for your query, please contact your Claims Handler to discuss this query.
    Regards
    Lisa


  • Registered Users Posts: 37 Avien


    The entire process has a 9 month timeline by law from the day the insurance company consented to PIAB. 

    Lately they have been getting awards out after 6-7 months, but it depends on the complexity of your case and the amount of expenses/loss of earnings etc you have that all need to be quantified and validated.


  • Registered Users Posts: 603 ✭✭✭kennM


    Martinet76 wrote: »
    How long be4 u get a price after seeing the Injury board doctor
    The process at a high level, went through it myself....

    Claimant submits claim to Injuries Board, Injuries Board write out to respondent (party you claim is responsible for the accident/insurance company). They have 30 days to accept/reject liability/or don't respond. If no response is received it is assumed liability is not in dispute, note this is not legally binding and is without prejudice. Injuries board typically organise you to be assessed by an independent injuries board doctor and provide a proposed settlement within 9 months. Typical running time I understand is about 7/7.5 months. Note: Injuries board can extend beyond the 9 months but it's not common. 

    The claimant and/or respondent can reject the proposed settlement. If both accept then that's it, Injuries Board issue an order to pay and insurance company have 28 days to pay (I understand). 

    Depending on who rejects there may be legal cost implications. If claimant rejects and judge offers less than injuries board offer you may end up liable for your legal costs & defense legal costs.

    That's the vanilla process.... hope it helps.


  • Registered Users Posts: 37 Avien


    kennM wrote: »
    The process at a high level, went through it myself....

    Claimant submits claim to Injuries Board, Injuries Board write out to respondent (party you claim is responsible for the accident/insurance company). They have 30 days to accept/reject liability/or don't respond. If no response is received it is assumed liability is not in dispute, note this is not legally binding and is without prejudice. Injuries board typically organise you to be assessed by an independent injuries board doctor and provide a proposed settlement within 9 months. Typical running time I understand is about 7/7.5 months. Note: Injuries board can extend beyond the 9 months but it's not common. 

    The claimant and/or respondent can reject the proposed settlement. If both accept then that's it, Injuries Board issue an order to pay and insurance company have 28 days to pay (I understand). 

    Depending on who rejects there may be legal cost implications. If claimant rejects and judge offers less than injuries board offer you may end up liable for your legal costs & defense legal costs.

    That's the vanilla process.... hope it helps.

    Respondent has 90 days to respond not 30, and the injuries board process makes no reference to liability, the entire process only concerns the quantum (ie value) of the claim, not liability or even negligence, which comes first. An insurance company could in theory consent to the assessment just to see the value placed on the claim then deny liability or even say there was no negligence on the part of their client (even if their client was liable, of they were not negligent you aren't entitled to compensation.)


  • Registered Users Posts: 603 ✭✭✭kennM


    Avien wrote: »
    kennM wrote: »
    The process at a high level, went through it myself....

    Claimant submits claim to Injuries Board, Injuries Board write out to respondent (party you claim is responsible for the accident/insurance company). They have 30 days to accept/reject liability/or don't respond. If no response is received it is assumed liability is not in dispute, note this is not legally binding and is without prejudice. Injuries board typically organise you to be assessed by an independent injuries board doctor and provide a proposed settlement within 9 months. Typical running time I understand is about 7/7.5 months. Note: Injuries board can extend beyond the 9 months but it's not common. 

    The claimant and/or respondent can reject the proposed settlement. If both accept then that's it, Injuries Board issue an order to pay and insurance company have 28 days to pay (I understand). 

    Depending on who rejects there may be legal cost implications. If claimant rejects and judge offers less than injuries board offer you may end up liable for your legal costs & defense legal costs.

    That's the vanilla process.... hope it helps.

    Respondent has 90 days to respond not 30, and the injuries board process makes no reference to liability, the entire process only concerns the quantum (ie value) of the claim, not liability or even negligence, which comes first. An insurance company could in theory consent to the assessment just to see the value placed on the claim then deny liability or even say there was no negligence on the part of their client (even if their client was liable, of they were not negligent you aren't entitled to compensation.)
    Apologies... you are right, it's 90 days to respond... not 30. You are correct with regards to the process making no difference to liability. The insurance company/respondent are entitled to reject liability at the outset and the Injuries Board will not assess and provides authorisation to pursue through courts. 

    In my own experience I found the insurance company used the injuries board to add more elapsed time until final settlement. Was in injuries board for 20 months, they couldn't arrive at an assessment and issued authorisation. Insurance company then produced a full defence, pushed it till the 11th hour and negotiated 2 days before trial with agreed 100% liability. Tactics to maximise the elapsed time and put plaintiffs under financial pressure for as long as possible. In reality is probably cost them another €20K/€30K in my legal fees alone to do it but I won't be shedding a tear for them.


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