Received a letter from PIAB with false claims

Consult a solicitor.

I'd be more curious as to how a stranger got your name and address!!

Have you contact the PIAB and told them you've no idea what its about.

Cheeky fcking mares if you ask me!! I understand you must be out of your mind with worry about this but just remind yourselves of the below information!!

"In a civil case, the burden of proof is on the plaintiff or claimant. He must prove, on the balance of probabilities, that the facts alleged by him in his claim, are true. Proof on the balance of probabilities requires that the claimant shows that the facts he alleges are more likely than not to be true."

Evidence Overview - McMahon Legal Guide

Under PIAB process you do not have to consent to the claim. The claimant then has to go the court route. If they are chancing their arm, this will make them consider whether that's worth the risk and cost. PIAB is a cheap roll of the dice for them in comparison.

Did you consult a solicitor?

How do you know what the cost will be of the claim? PIAB do not give a claim or award amount at the outset.

No offence intended, is this a wind up by you?

PIAB only assess damages for injuries. They don't determine liability.

OP said:

Poster Kaisr Sose asked...

OP, can you address this issue - did the PIAB letter say how much the claimant is seeking?

Just on the above, and not legal legal advice either. A respondent can refuse PIAB consent at the outset. PIAB will then issue the claimant with an authorisation to proceed via the courts.

Why consent, even without prejudice to their right to reject an award of damages etc, if they are absolutely certain they have no liability and this never happened?

OP. Please contact Free Legal Advice centre for your options here. Citizens Information or PIAB websites will give you more information on this. It may be worth checking with your local Garda Station to see if a report was made or with the Dog Warden. The claimant will have to have some evidence this event took place as claimed.

A claim is only a claim. It has to be proven. Determining liabllity is not the remit of PIAB.

As above, refuse assessment asap.

I would be very surprised if your household insurance doesn't provide cover, as it is a standard extension (excluding certain breeds). If so, insurers retain the right to handle all matters as they see fit. If you take a course of action which prejudices their position, they can refuse to indemnify you. Unlike motor insurance (because it is a compulsory cover) insurers are not obliged to compensate a 3rd party if you are found liable and you will face all associated costs

In short, check if your household insurance policy covers you and, if so, notify them and leave them to it. If not, contact your solicitor

As has been said already, PIAB don't care if this incident happened or not. They won't do any investigations etc. They are only there to assess the injury and to make an award or else issue a release to go to court.

There is a €1050 fee payable to PIAB if you consent to them assessing the case and I'm assuming that that's the figure on the letter that you got from PIAB asking if you consent to it being assessed. It used to be €600 before 11th April 2022.

If you don't consent to PIAB assessing the case, PIAB will issue a release for the other party to take you to court. If they do decide to do that, they'll either drop their case or they'll have to engage a solicitor and take their chances in court. Unfortunately, if they do that, you'll have to engage a solicitor to mount a defence. It could end up costing you a packet eitherways.

And even if you win the case and have costs awarded to you, there's no guarantee that you'll actually receive any money so you could end up having to pay your own legal costs.

Not ASAP.

You have 30 days. If household insurance really doesn't cover it (double check with the company) then send the refusal on about day 28 (assuming two days is enough for post, allow an extra day if you think it's warranted.).

You're in no rush.

Hope it works out man. It would surprise you the amount of cn uts out there at the minute.

Taxi rear ended me during the summer and he is claiming it is my fault!

Do NOT under any circumstances give your version of anything to PIAB.

Deny consent to the assessment of the claim in as few words as possible, register the letter and send it back. My guess is you'll never hear another peep. about it.

Suggestion:

Curious how you can put an exact location on something that never happened. Was the time/place named in the letter?

As above. Please check 100℅ your insurance situation before you take ANY action

A household policy will normally provide cover here, once the dog is not as defined by the dangerous dogs act. Also PIAB only adjudicates on award and makes zero assessment on liability. If one party doesnt consent to adjudication, then, PIAB just consents to a matter being pursued through the courts

1. why is everyone recommending to go via insurance?.... even after OP has told us what they are doing?
2. false claim should be reported to the cops.
3. problem with this country is that we all give out about insurance costs, but yet, here loads of you are, telling everyone that it's ok to allow someone to make a false claim and let the insurance handle it

Insurers know how to deal with claims like this, both genuine and false. Ignoring the process that's underway, or trying to deal with it yourself, will end in tears. It will be too late then to ask your insurer to pick up the costs and awards. Like it or loathe it, a claim for damages has been initiated and t thinking it will go away of it's own accord is foolish to say the least.

I have being urging the OP double check with his house insurers, as I've never seen a policy (comprehensive buildings & contents) which didn't cover liability for domestic pets, with certain exclusions such as dangerous breeds, guard dogs etc

That's true. But "managing the defence of the claim" is not the same as "defending the insured".

The insurance company in that situation, it out to benefit the insurance company. And they will recognise that defending a false claim has an inherent cost, and if that cost is greater than or even similar to the claim they make decide to settle, regardless of what happened. Prehaps like likely here, but common in a car accidient where both drivers have differing versions of events. The two insurers high 5 and say "splitsies" ;)

Sure. The point is, it's the insurer's call, not the insured's. If the insured engages with the matter himself, and does anything to constrain the insurer's freedom of action or otherwise disadvantage the insurer with respect to the claim, the insurer can walk away and tell the insured "you're on your own now, son".

So, if you have insurance and might want to rely on it, refer the claim to the insurer and leave them to manage everything.

And how is it obvious that it is false? It’s largely OPs word against the claimants. I used the example of car accidents, if one party lies about the incidents. Defending it in court can become a cost.

obviously if the claimant is looking for a 6-figure payday defending its more viable. But low value claims quite quickly get passed out by court costs.

Sure. But tell insurance immediately, or going it your own all the way are not the only options. He can get information on the situation before making a decision.

Although, it seems that he has told them. So might be best to confirm if covered at this stage.