Does the Injuries Board have no teeth?

[Laramie]

Have been through the PIAB myself and the respondent has refused assessment so need to take it forward to litigation now

Does this mean that the PIAB have no teeth to take things forward.....a bit like the CCPC?

 

[messyleo]

If the respondent refuses to consent to assessment they can, and the PIAB give you authorisation to proceed to legal proceedings if you wish.
Even if they do consent to assessment, they can then refuse to agree to the award.
Most respondents probably think the claimant will give up at this point and it goes away (financial cost, time, effort, stress). Worst case it kicks the can down the road another 2-3 years likely and who knows what happens in the meantime.

 

[peteb]

Does this mean that the PIAB have no teeth to take things forward.....a bit like the CCPC?

If the respondent is disputing liability then they refuse the assessment

 

[Laramie]

Worst case it kicks the can down the road another 2-3 years likely and who knows what happens in the meantime.

Do all claims now have to go through the PIAB?

It seems pointless that you might have to wait over 2 years to find out that the respondent will not engage.

Can a person go direct to a solicitor and might this be a better route?

 

[messyleo]

All claims must go through PIAB - you need authorisation from them to proceed to the courts

 

[Brendan Burgess]

If the respondent is disputing liability then they refuse the assessment

I had an idea that agreeing to the assessment was not an admission of liability?

So the assessment is done and the insurance company can still refuse liability?

Brendan

 

[messyleo]

Only where there is an admission of liability by an employer can the PIAB make an assessment. This is done on a "without prejudice" basis and in any subsequent court proceedings liability can be contested.

If the employer consents and admit liability, even after full assessment and an award is decided, they can refuse to agree to the amount awarded and it collapses, and the complainant can get authorisation to start legal proceedings if they wish
In any future court proceedings the employer can refuse to accept liability even if they have done so at PIAB stage (as above)

 

[Tintagel]

All claims must go through PIAB - you need authorisation from them to proceed to the courts

.....but if it takes months for them to start your claim and if the respondent does not have to engage nor accept their findings what is the point of having the PIAB?

 

[messyleo]

.....but if it takes months for them to start your claim and if the respondent does not have to engage nor accept their findings what is the point of having the PIAB?

Because if the respondent is clearly liable and there's no realistic way of getting out of it, the PIAB award will likely be significantly smaller and also not involve the weighty legal fees. So it's a win for a respondent where there's clear liability and they would be foolish not to accept it really - but some don't and are under no obligation to

 

[Ravima]

Is there an insurer? It may be that you took case against an uninsured person who has no assets. They have nothing to lose, you will incur legal costs!