The Great Insurance Distraction: Why Your Constitutional Right to Access Justice is Under Attack

We read with interest the article in the Irish Independent by Donal O’Donovan on December 17, 2025, titled “Legal costs nearly match payout in injuries cases that go to court.” While the article presents the latest figures from the Central Bank’s National Claims Information Database (NCID), it unfortunately regurgitates the tired, well-worn narrative of the insurance industry: that the victims of negligence and their legal representatives are the problem, rather than the multi-billion euro corporations setting the premiums.

It is time to look behind the headlines and expose why the “cost of insurance” debate is actually a debate about your fundamental rights.

Profits Over People: The Real Numbers

Buried beneath the headlines complaining about legal fees is a startling statistic that every business owner and policyholder in Ireland should read twice. The business insurance industry in Ireland is profitable—highly profitable. The report confirms an average operating profit after tax of 10% across the sector in 2024.

Let’s contextualize that. Since 2020, we have been told repeatedly that premiums must go up because of “claims culture.” Yet, the Central Bank data reveals that premiums rose another 4% last year and are now up a staggering 23% since 2020.

If the so-called “reforms”—which were designed to slash the compensation paid to injured victims—are working, why are premiums skyrocketing? The industry will point to “construction inflation” or historical business interruption payouts during Covid. But the reality is glaring: they are charging you more, paying victims less, and banking a 10% profit margin. The “crisis” is clearly over for their shareholders, but the price hikes continue for the consumer.

The “Legal Costs” Myth

The article makes much of the fact that in litigated cases, legal costs (€25,055) nearly match the compensation award (€25,935). The industry, and groups like the Alliance for Insurance Reform, use this to argue that the legal system is “inefficient” and that cases should be forced into the Injuries Resolution Board (IRB), where legal costs are a mere €694.

This argument is a masterclass in gaslighting.

Why do 71% of injury claimants still choose to go to litigation rather than settle through the IRB? Is it because they enjoy stress and delay? No. It is because the insurance industry has systematically utilized the IRB to lowball genuine victims.

When a victim exercises their constitutional right of access to the courts, costs only escalate because the insurance company makes a strategic decision to defend the indefensible. If insurers made fair, realistic offers at the start of the process, these legal costs would not exist. Instead, they drag claimants through the mud, deny liability, and delay payment until the steps of the court.

The high legal costs are not a tax on the system; they are a penalty paid by insurers for their own obstructionism. Blaming a victim’s solicitor for high costs is like blaming a fire brigade for the water damage after they put out a fire the homeowner refused to extinguish.

Don’t Be Bullied Out of Your Rights

The industry is desperate to push you into the IRB because, in that arena, you are often unrepresented, facing off against a corporate giant with unlimited resources. They want a “frictionless” system—which is code for a system where they can dispense small, algorithmic payouts without challenge.

The article quotes Insurance Ireland praising the “consistent, fair, and predictable framework” of the Personal Injuries Guidelines. “Predictable” is the keyword here. They want to predict exactly how little they can get away with paying you for a life-altering injury.

We see a complaint from Tracy Sheridan of the Alliance for Insurance Reform regarding two similar injuries having vastly different processing costs. But she directs her frustration at the legal process rather than the insurer. We ask: Why did the insurer not settle that second case immediately? Why did they force the claimant to hire a legal team and file court papers? The cost difference is entirely within the gift of the insurer to control. They chose to fight, they lost, and now they are complaining about the bill.

Exercise Your Constitutional Rights

At ClaimsBoard.ie, we believe that access to independent legal advice and the courts is a cornerstone of Irish democracy. The Constitution of Ireland protects your right to bodily integrity and your right to litigate to vindicate your good name and recover damages.

The intense lobbying to “strengthen” the IRB and reduce litigation is nothing short of an attempt to erode these constitutional protections to protect the bottom line of private companies.

When you are injured due to the negligence of an employer or a business, you are not a statistic in a Central Bank report. You are a person in pain. You deserve more than a “predictable” low-ball offer from a computerized board. You deserve an advocate who will fight for the potential compensation (which depends on circumstances) available, even if that means dragging a profitable insurer kicking and screaming through the Four Courts.

Do not let the 23% hike in premiums fool you into turning on your fellow citizens. The money isn’t going to the injured; it’s going to the insurers. If you have a claim, exercise your rights. Get an expert. Go to court. Make them pay what is fair, not what is convenient.

If you would like an assessment of a claim, you can use the online form available here without obligation or alternatively you can use the automatic claim calculator.