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One in three believe Ireland’s personal injuries claim process is unfair, says poll

Injuries Resolution Board made €170m awards in 2023, down more than €100m since 2019

The poll found almost one in four said they were injured in an accident but only one in three of those, representing about 13% of the population, went on to pursue compensation claims

Mary Carolan
Thu May 9 2024 - 20:10

One in three Irish adults believe the personal injuries claims process is unfair, due to the number of fraudulent claims and excessive compensation amounts, a new public opinion poll carried out for the Injuries Resolution Board (IRB) has revealed.

Two-thirds of those polled believe claims are made for genuine reasons but four in 10 believe claims are made because they are easy to get and because of their value. Some 54 per cent said they did not know if the process is fair, 13 per cent considered it is fair, and 33 per cent unfair.

The claims process, including legal costs, is believed by about half of respondents to have an impact on insurance costs, with half of respondents having experienced increases in premiums in 2023 and 2024, and only 10 per cent noting a decrease.

Carried out for the IRB by Amárach Research among 1,000 adults last month, the poll found almost one in four said they were injured in an accident but only one in three of those, representing about 13 per cent of the population, went on to pursue compensation claims. Those aged over 55 were significantly more likely to have experienced an accident and to have made a claim.

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Most said the reason why they took claims was for compensation for injury and loss, while 20 per cent put it down to advertising by lawyers.

The poll was published on Thursday at a conference marking 20 years of the board, formerly known as the Personal Injuries Assessment Board. Attended by delegates including from the State Claims Agency, lawyers, insurers, insurance reform campaigners and business groups, the conference heard Government Ministers, international and Irish experts discuss the impact of reforms in the personal injuries area and the challenges and opportunities for the future.

[ Insurance reform: bringing stability and lower costs to contentious claims process ]

Injuries Resolution Board CEO Rosalind Carroll said the board made awards of €170 million last year, down almost €100 million on the 2019 figure. More fatal and more serious injuries cases were coming into the board, and it was important not to lose sight of the personal impact of claims, she said.

Among the key changes altering the personal injuries landscape here were the 2021 judicially-approved guidelines slashing awards for mainly minor injuries, and the board’s new service for mediating claims, she said.

Since its establishment in 2004 the board handled more than 500,000 claim applications, assessed 180,000 claims and awarded more than €4 billion to injured parties. Because it had more than €2.2 billion in compensation accepted those claims did not enter the litigation system, achieving savings for parties to claims and policy holders of more than €1.1 billion.

Ms Carroll said that €1.1 billion saving in what would otherwise be spent on litigation costs was something the board was “incredibly proud of” because the cost of insurance affected the lives of everyone.

She said the board strived to help injured parties and respondents resolve claims fairly, using the same guidelines as the courts in a non-adversarial environment that also has a benefit to society.

Dr Lauren Swann, Injuries Resolution Board head of research and policy, said the board’s 2023 data showed it received more than 20,263 claims, up 10 per cent on 2022, but 30 per cent lower on the 2019 figure. It made 9,144 awards, up 13 per cent on 2021, with an acceptance rate of 48 per cent.

The average award value was €18,537, up on €15,857 for 2022, but 23 per cent lower than the average 2020 award assessed under different guidelines.

In an address to the conference, Minister of State for Company Regulation Dara Calleary said the Government’s insurance reform programme, which set out 66 actions to make Ireland’s insurance sector more competitive and consumer-friendly, was “largely complete” with the introduction of new duty-of-care legislation last year, but the work of Government and all stakeholders must continue.

He said rather than taking the expensive route of litigation more than one-third, 37 per cent, of claimants for workplace injuries have opted for mediation of their claims by the IRB under its mediation service launched in December. The mediation service was this week extended to public liability claims and would be available for motor claims by the end of this year.

Minister of State for Insurance Neale Richmond said insurers have a responsibility to reflect in their premiums the impact of savings in personal injury awards resulting from reforms. Legal costs in relation to personal injury claims also needed to be monitored “and greater efficiencies brought to bear”.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times

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