Don’t get Hoodwinked by the PIRB

Minister Peter Burke’s announcement of the expansion of the Personal Injuries Resolution Board’s (PIRB) mediation services to include motor liability personal injury claims has been presented as a positive step forward for Ireland’s personal injury claims process. Part of the government’s Action Plan for Insurance Reform, this initiative is intended to provide a quicker, less costly alternative to litigation. However, while this ambition sounds commendable, it is crucial to examine whether the PIRB truly delivers justice for claimants.

The PIRB’s mediation service has been steadily growing since its introduction in December 2023, initially for employer liability injury claims, and then extended to public liability claims in May 2024. As of December 2024, motor liability claims now also fall under its remit. Mediation is offered as a voluntary, confidential process where both parties work toward a mutual resolution. The PIRB highlights its ability to address not just claim values, but also broader issues like the extent of injury and contributory negligence. Yet, beneath these promises, claimants face significant challenges.

A System That Falls Short

The PIRB reports that nearly 40% of claimants with workplace accident claims have expressed willingness to engage in mediation. While this is a respectable figure, it still leaves a majority of claimants hesitant or skeptical. This reluctance is not unfounded.

The Personal Injuries Guidelines, introduced in 2021, have significantly reduced compensation levels for many injuries. These guidelines are used by the PIRB to assess claim values. For example, in the landmark case of Delaney v. PIAB, the Supreme Court upheld an award of just €3,000 for an injury that would previously have merited €18,000–€34,000. While the guidelines aim to create consistency and reduce costs, they have disproportionately impacted claimants, many of whom feel their suffering is undervalued.

Furthermore, mediation often takes place on unequal footing. Insurers, armed with legal expertise and resources, dominate the process, leaving many claimants at a disadvantage. What is presented as a collaborative solution can quickly become a space where claimants feel pressured to accept less than they deserve. While speed and cost savings are admirable goals, they should not come at the expense of justice.

A Word of Advice

Seamus Heaney’s words provide a timely reminder for claimants entering this process: “Even if the hopes you started out with are dashed, hope has to be maintained.” While the PIRB’s system may appear stacked against injured individuals, claimants must remain determined in their pursuit of fairness. Relying solely on the PIRB to deliver that fairness may not be enough.

To ensure that justice is served, claimants must take control of their cases by seeking independent guidance. Experienced advocates can help navigate the PIRB process, assess the true value of claims, and push back against lowball offers. Independent advice can transform the mediation process from a potential pitfall into an opportunity for a fair resolution.

The Bigger Picture

The government’s efforts to reform the personal injury claims process are not without merit. Expanding the PIRB’s services to include motor liability claims acknowledges the need for alternatives to litigation. However, claimants must approach this system with their eyes wide open. The PIRB, while efficient, does not always prioritise fairness for injured parties.

As Heaney reminds us, maintaining hope and fighting for a just outcome is essential. For claimants, this means seeking independent expertise to avoid being hoodwinked into accepting settlements that do not reflect the true impact of their injuries. When justice is at stake, claimants deserve nothing less than the full value of their suffering—and the support necessary to achieve it.