Can I reject PIAB's assessment and go to court?

What the Law Says

The Personal Injuries Assessment Board Act 2003 gives you the right to reject PIAB’s assessment and pursue your claim in court — but only if you act within strict time limits.

Under Section 32 of the Personal Injuries Assessment Board Act 2003, once PIAB issues its assessment of your personal injury claim, you have the right to reject it. If you do, the assessment is no longer binding, and you may issue court proceedings to seek compensation through the courts instead.

However, this right is time-limited: you must notify PIAB in writing of your rejection within 28 days of the date the assessment was issued. After that, the assessment becomes final and binding — and you lose the right to go to court for that claim.

Importantly, rejecting the assessment does not require payment of any fee to PIAB, nor does it prevent you from later settling with the respondent outside of court.

Statutory Text

Where the Board makes an assessment under section 27, the applicant or the respondent may, within 28 days of the date of issue of the assessment, give notice in writing to the Board that he or she rejects the assessment.

— Personal Injuries Assessment Board Act 2003, s. 32 — Right to reject assessment

What to Do

Sources