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Injuries Board begins mediating public liability personal injury claims

Legislation allowing for mediation of motor liability personal injury cases is to be commenced later this year
Legislation allowing for mediation of motor liability personal injury cases is to be commenced later this year

Public liability personal injury claims can now be mediated for resolution by the Injuries Resolution Board in a development which its hoped will help further bring down insurance costs.

The addition of the new service is part of Government reforms of the board's functions and powers.

It follows the start of mediation for employers’ liability personal injury claims last year.

"This is part of the work of the Government’s Action Plan for Insurance Reform which set as a primary goal the enhancement and reform of the then Personal Injuries Assessment Board which has been achieved through the Personal Injuries Resolution Board Act 2022," said Dara Calleary, Minister of State with responsibility for the area.

"I commenced legislation to provide for mediation as a service for employers’ liability personal injury claims last December."

"Already we have seen a very strong initial response to the introduction of mediation for workplace accident claims with almost 40% of claimants indicating that they would be willing to enter into the mediation process."

Previously the board was not able to consider cases where liability was not agreed, but following the introduction of the mediation service that is now possible.

Mediation is also able to consider claim value, extent of injury and contributory negligence.

"Mediation is an effective way of resolving disputes quickly and in a cost-effective manner," the minister said.

"It helps both claimants and respondents to reach a mutual agreement and provides an alternative to litigation which can be costly, time consuming, and stressful for all involved".

A recent Supreme Court ruling found that the Personal Injuries Guidelines, which were introduced three years ago, are legally binding and have been correctly applied by the board, providing them with further authority.

Legislation allowing for mediation of motor liability personal injury cases is to be commenced later this year.

The development was welcomed by the insurance sector which it said marks a significant milestone in the ongoing efforts to enhance the efficiency and fairness of the claims resolution process.

"Insurance Ireland and our members fully support the Government's mission to foster a more accessible, competitive, and sustainable insurance landscape," said Moyagh Murdock, Chief Executive, Insurance Ireland.

"As the industry continues to evolve, we look forward to collaborating with policymakers and stakeholders to drive positive change and deliver tangible benefits to consumers and businesses across Ireland."

"The mediation process will lead to quicker resolutions and payments, ultimately providing a streamlined and efficient path resolving injury claims which will benefit claimants and consumers in general."