The Personal Injuries Commission (PIC), which was established following the Cost of Insurance Working Group Report on the Cost of Motor Insurance in January 2017, has published its Second and Final Report.
Chairperson of the Personal Injuries Commission, Nicholas J Kearns in his Foreward acknowledges the need to ensure that all genuinely injured claimants receive adequate compensation.
The key recommendations of the Second and Final Report are as follows:-
- The Judicial Council, when established should be requested to compile guidelines for appropriate general damages for various types of personal injuries.
- The Judicial Council Bill 2017 to be progressed through the Houses of the Oireachtas as a matter of urgency.
- The Law Reform Commission has been requested to undertake a detailed analysis of developing constitutionally sound legislation to delimit or cap the amount of damages a court may award.
- The PIC is satisfied that a ‘care not cash’ system of compensation for soft tissue injuries is incompatible with EU Law.
- In cases where an insurer deals directly with a claimant no offer of settlement or payment should be made without a medical report detailing the nature, extent and prognosis.
- Claimants must give prompt notification of a claim so that proper investigations may be undertaken by a defendant.
- The PIC recognises that exaggerated and fraudulent claims have an adverse impact on overall claims costs and believes that the issue needs to be addressed by development of suitable strategies such as technological strategies to prevent and detect such activity. The PIC recommends the establishment of an Irish Garda Fraud Investigation Bureau without delay.
- The PIC recommends insurers step up their anti fraud capacity through recruitment of suitably trained persons and development of technological means to combat fraud.
- The PIC recommends insurers and other relevant parties to adopt the same internationally recognised injury coding system.
- The PIC recommends the establish a national medical research study on the prevention and management of soft tissue (Whiplash) injuries.
To read the full Second and Final Report of the Personal Injuries Commission click here https://dbei.gov.ie/en/Publications/Publication-files/Second-and-Final-Report-of-the-Personal-Injuries-Commission.pdf
Should you have any queries in relation to above please contact our Personal Injuries Department on 071-9162032 or by email at firstname.lastname@example.org
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Caroline McLaughlin is a Partner in the Personal Injury Practice Area of Callan Tansey Solicitors, 3 Wine Street, Sligo.