# Motor accident & Piab



## JdmSpec (7 Aug 2008)

Hi Guys
Apologies if im posting in the wrong section i wasnt sure if it wasnt sure if it was suited better to here or law so feel free to move.

I was recently rear ended in a car accident,there insurance company has accepted liability ect,meanwhile i have been recieving treatment for injuries sustained.

I intend on claiming and im basically looking to know is there any difference in the way the claim will proceed if i lodge it directly myself via piab or if i go to a solicitor and let them handle the case it?

On the other hand i have the other partys insurance company constantly contacting me to arrange a settlement directly with them which im wary of due to the fact there being very pushy.

Generally is there much difference between accepting the insurance companys offer or dealing directly with piab?

Or are you better off letting a solictor take on the whole thing?
Im also a little confused as to how piab work,seen as the other partys insurance company are accepting liability,is it just a matter of lodging the details with piab and they then make an offer,or is it a long winded process?


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## DavyJones (7 Aug 2008)

AFAIK its a long winded process, PIAB were set up to bring down legal fees so you don't need a solicitor. You can go on to the PIAB website and see example pay outs for similar injuries.
My mate had same thing, rear ended and had whip lash, Quinn direct paid out 10K in a matter of weeks.

One last thing PIAB award does not include legal fee if you decide to go with a solicitor.


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## JdmSpec (7 Aug 2008)

Thanks for the reply Davey

So in effect the piab is a diy approach without the advice of a solicitor,but a solictor will follow the exact same lines as you would yourself via the piab except his payment isnt included in any costs your awarded?

For arguments sake if you recieved a payout of 5k and signed off,but your condition deteriorated in years to come and further medical attention was needed which ended up costing you more than the original payout,is it basically tuff seeing as you agreed to X amount at that time?


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## DavyJones (7 Aug 2008)

JdmSpec said:


> Thanks for the reply Davey
> 
> So in effect the piab is a diy approach without the advice of a solicitor,but a solictor will follow the exact same lines as you would yourself via the piab except his payment isnt included in any costs your awarded?
> 
> For arguments sake if you recieved a payout of 5k and signed off,but your condition deteriorated in years to come and further medical attention was needed which ended up costing you more than the original payout,is it basically tuff seeing as you agreed to X amount at that time?




If your award is €x you still pay your own legal fees.

When PIAB decide on the amount you can refuse and then it goes to court like it used to before PIAB. IF/When you reach settlement in or out of court, then your legal fees are paid for AFAIK

If you sign off you are accepting a final settlement/ closure so no come backs ever.


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## mathepac (7 Aug 2008)

JdmSpec said:


> ... For arguments sake if you recieved a payout of 5k and signed off,but your condition deteriorated in years to come and further medical attention was needed which ended up costing you more than the original payout,is it basically tuff seeing as you agreed to X amount at that time?


In general terms, negotaited settlements are paid on the basis that they're "full and final" and the defendants will seek indemnity from any future problems.


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## JdmSpec (7 Aug 2008)

Thanks for the info guys


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## JdmSpec (8 Aug 2008)

Guys
Some more info if you will,the company have been intouch again and are advising me to go for a medical via one of there own doctors,is this normal procedure,they said that the rate of payout is higher once assessed by one of there doctors?

The company are also telling me that if its signed off on that i have a right within two years to have the claim be reassessed if my condition deteriorates.

Also should depreciation on the vehicle be taken into account?its 5 years old and market value is 23k,the damage to it was 7k.Obviously im going to have to tell any prospective future buyer it was involved in an accident which in turn is going to be reflected in the price.According to the company anything over 4 years old is exempt from depreciation,no prizes for guessing who the company is!


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## DavyJones (8 Aug 2008)

I don't know but I would be very wary of "the company" doctor as I am sure he will have one parties interest at heart, the one that pays him/her.

I have never been in your situation but I would get legal aid, my own medical report and would advice insurance company to go through my solicitor.

The insurance firms job is to pay out as little as possible.


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## davidoco (8 Aug 2008)

In your dealings with the insurance company play along but do it in writing not on the phone, go to their doctor, see what they are offering.  If it becomes protracted and your haggling over a few thousand, in your final letter say that your going to put it in the hands of a solicitor in x days unless you get a satisfactory outcome.


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## JdmSpec (16 Aug 2008)

Im wondering if anyone has had any dealings with QD and there "fasttrack" system could they give me an insight on it,pm me if you prefare.

There pushing to get things closed asap and have made an appointment with one of there doctors for me,what im wondering is if it did go to piab does there medical report overrule the medical report of any other doctor?

Im just slightly worried as im feeling worse now than i previously was despite meds,im awaiting an mri but they seem to quoting a magical 10k figure and saying i wont get near the values stated in the book of quantum if i proceed via the piab.


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## DavyJones (16 Aug 2008)

Don't know the details but someone I know got hit from behind by a QD client. They fixed the car and fast tracked the claim. They settled for (funnily enough) 10k.


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## JdmSpec (16 Aug 2008)

Not unless the handlers commission is based on them having a settlement under 10k,im wondering is this figure actually processed via a system with your specifics taken into account or just a fob off figure they know people will take


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## DavyJones (16 Aug 2008)

they probably spend in excess of 10k if they were to defend the claim and they know it is the least they will lose. I am pretty sure it's all about damage limitation.


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## PaddyW (6 Sep 2008)

DavyJones said:


> IF/When you reach settlement in or out of court, then your legal fees are paid for AFAIK



Davy, so if the claim goes to court and you are successful, the other party then pays your legal bills?

Or am I reading that wrong?


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## dieseldave (7 Sep 2008)

Just to add my experience of the system - March 06 crashed head on with lorry on a back road in co.clare, went to hospital for x-ray and check up, met with solicitior and he advised to put in a personal injuries claim and gave me my options of doing it, because it was a back road and no road marking it would have been 50/50, he lodged my claim with piab and fought my corner and got a settlement of 20k and took charges totalling 3k for paib and legal costs. I had to go to the company doctor as well (i think it's the norm for work accidents). My advice is to go directly to piab for a clear cut case like your own because there is no question who was at fault, and if you don't agree with the settlement go to court.


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## DavyJones (7 Sep 2008)

PaddyW said:


> Davy, so if the claim goes to court and you are successful, the other party then pays your legal bills?



AFAIK, that is correct.


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## JdmSpec (7 Sep 2008)

dieseldave said:


> Just to add my experience of the system - March 06 crashed head on with lorry on a back road in co.clare, went to hospital for x-ray and check up, met with solicitior and he advised to put in a personal injuries claim and gave me my options of doing it, because it was a back road and no road marking it would have been 50/50, he lodged my claim with piab and fought my corner and got a settlement of 20k and took charges totalling 3k for paib and legal costs. I had to go to the company doctor as well (i think it's the norm for work accidents). My advice is to go directly to piab for a clear cut case like your own because there is no question who was at fault, and if you don't agree with the settlement go to court.


 
Thanks for the insight,i went to the insurers doctor the other day but havnt heard back from QD of yet.From an mri i had done there appears to be some damage so i reckon i'll leave it to piab from now as i cant imagine QD offering anything half adequet.

If i initiate with piab myself and im not happy with the offer,would a solictor then take on the case or would they normally have to start proceedings with piab for you?


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## MandaC (7 Sep 2008)

No, you could go as far as the PIAB stage yourself and then engage a Solicitor.  In two cases I know, both were relased by PIAB as they were unable to make an assessment due to the nature of the injuries. (Back problems) Both parties were glad that they had engaged a Solicitor from the outset, as the Solicitor had advised them when to get medical reports, etc and this did come into it as the settlements were not agreed through PIAB.


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## Artois (7 Sep 2008)

There is a lot to be said for letting PIAB to assess your claim. QD will be trying everything to buy u off for less than your claim is worth. At least the PIAB is independent. 

If you engage a Solicitor from the outset, your Solicitor will be able to secure evidence and take steps to ensure a successful outcome if the matter is thrown out of PIAB. In court, you might regret not having secured vital evidence, which might not be obtainable at the time the matter is released from PIAB. 

A Solicitor will always take on a case provided it is a good case and the client has not succeeded in making a mess of it (eg. not suing all parties who might have a liability)


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## bond-007 (7 Sep 2008)

I agree. It is folly to go to PIAB without a solicitor.


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## PaddyW (8 Sep 2008)

Thanks Davy


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## aircobra19 (22 Oct 2008)

What ever happened with this?


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## Ed054 (22 Oct 2008)

Artois said:


> There is a lot to be said for letting PIAB to assess your claim. QD will be trying everything to buy u off for less than your claim is worth. At least the PIAB is independent.
> 
> If you engage a Solicitor from the outset, your Solicitor will be able to secure evidence and take steps to ensure a successful outcome if the matter is thrown out of PIAB. In court, you might regret not having secured vital evidence, which might not be obtainable at the time the matter is released from PIAB.
> 
> A Solicitor will always take on a case provided it is a good case and the client has not succeeded in making a mess of it (eg. not suing all parties who might have a liability)


 

So what about the ambulance chasers that lead to to setting up of the Injuries Board in the first place?

They have not gone away and are more then happy to take on any claim regardless.


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