If your claim remains with PIAB, they may ask you to attend an independent medical examination with a doctor from their own panel. This is common where the injuries are significant or complex. PIAB will then consider the medical evidence, along with any submissions on liability, although they don’t make findings of fault. Their role is to assess the value of your claim based on the assumption that the other party is liable.
PIAB uses the Judicial Council Personal Injuries Guidelines to calculate compensation figures. Their aim is to assess claims within approximately nine months from when all necessary documentation has been received. In practice, it can take a bit longer, but many assessments are indeed completed within that timeframe.
Once PIAB has completed its assessment, it will issue an Assessment Notice setting out the amount of compensation they believe is appropriate. This is usually split into:
- General damages (for pain and suffering)
- Special damages (for financial losses such as medical expenses or lost earnings)
Both you (the claimant) and the respondent have 28 days to either accept or reject the proposed award.
- If both parties accept, PIAB will issue an Order to Pay, which finalises the matter and makes the award legally binding.
- If either side rejects the award (or fails to respond within 28 days, which counts as a rejection), PIAB will issue an Authorisation. This allows the claim to proceed to court if you wish.
We will advise you carefully once the PIAB assessment is received. Sometimes, the award is fair and in line with our own valuation of your case. Other times, we may believe it undervalues your claim, and in those cases we’ll advise you to reject it and consider legal proceedings.
Our solicitors will compare the PIAB offer with:
- The valuation we’ve already discussed with you
- Outcomes in similar cases
- Your medical prognosis and long-term needs
Accepting the award can lead to quicker resolution and avoids court, but rejecting it might result in a higher amount later on, albeit with more time and legal steps involved. The choice is yours, but we’ll provide clear guidance based on experience and your best interests.