Personal Injuries Assessment Board Act 2003

Application for assessment.

11

11.F9[(1) A claimant

(a) shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim, and

(b) may apply for resolution of his or her relevant claim by way of mediation under Chapter 1A.]

(2) That application shall be in the form specified by rules under section 46 and be accompanied by such documents as may be so specified.

(3) Without prejudice to the generality of section 46 as regards the documents that may be specified for the foregoing purpose, the documents that may be specified for that purpose include—

(a) a document that has been given or sent, by or on behalf of the claimant, to the person or persons whom he or she believes to be liable to pay compensation to him or her in respect of the claim, notifying the person or persons of his or her relevant claim and seeking the payment of compensation,

(b) copies of any other correspondence between the claimant and that person or those persons in relation to the relevant claim,

F10[(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005),]

(c) a report prepared by a medical practitioner who has treated the claimant in respect of the personal injuries, the subject of the relevant claim, in relation to those injuries,

(d) receipts, vouchers or other documentary proof in relation to loss or damage in respect of which special damages are being sought in the relevant claim.

F10[(3A) Notwithstanding subsection (2) and any rules under section 46, an application under this section made on or after the commencement of section 3(c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes of section 50, unless it is signed by the claimant and includes confirmation of each of the following:

(a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;

(b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46;

(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;

(d) the date and time on which it is alleged that the accident or incident the subject of the application occurred;

(e) a description of how and where it is alleged that the accident or incident the subject of the application occurred;

(f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;

(g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.]

(4) If an enactment or a rule of court (whether passed or made before or after the passing of this Act) requires notice of any accident or occurrence that has given rise to personal injuries being sustained by a person to be given, prior to a civil action being pursued in respect of those injuries, to the person or persons alleged to be responsible for them, then the reference in subsection (3) (a) to the document mentioned in that provision shall be construed as a reference to such a notice.

(5) When it appears to the Board, in circumstances where the presumption provided for by section 18 (presumption as to full capacity) is rebutted in relation to the applicant, that an applicant under this section is not of full capacity the Board shall not deal with the applicant's application (but without prejudice to its duty, subject to section 17, to deal with a fresh application subsequently made under this section on his or her behalf by a next friend or a committee of him or her).

Annotations:

Amendments:

F9

Substituted (14.12.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 3(a), S.I. No. 626 of 2023.

F10

Inserted (4.09.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 3(b), (c), S.I. No. 354 of 2023.

Modifications (not altering text):

C6

Section applied with modifications (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(b), (c), S.I. No. 163 of 2023.

Modifications to application of Act of 2003

20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: ...

(b) an application to which section 19 refers shall be deemed to be an application made by the claimant under section 11 of the Act of 2003;

(c) it shall be read as if subsection (5) of section 11 of the Act of 2003 were deleted;

...