Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
NEW GUIDELINES FOR personal injuries claims are a “missed opportunity” to tackle rising insurance costs, it has been claimed.
The Small Firms Association (SFA) said that the new rules “merely reflects the level of awards that have been made in recent years”, instead of examining what would be a fair award for specific injuries.
SFA chairman AJ Noonan said that the figures in the new Book of Quantum “confirm the steep rise in awards for a variety of insurance claims, which have contributed to the current insurance costs crisis for businesses and individuals”.
“Rather than accepting these increases as the new normal, all parties must step up efforts to address the multiple failures of the Irish insurance landscape,” he said.
The organisation said awards should be benchmarked against other EU jurisdictions.
The Book of Quantum is a guide published to inform payouts for injuries claims. Today the Injuries Board, the state body which addresses the bulk of personal injuries claims, announced a major revision to the book.
Insurers have blamed rising payout costs for rising premiums although, as previously highlighted by Fora, there are other factors at play.
New guidelines
The new guidelines are based on an examination of over 51,000 personal injury claims during 2013 and 2014. This analysis included compensation awards from court cases, insurance company settlements and state claims agency cases.
The guidelines recommended that people suffering from minor whiplash, a sprain that often occurs in the neck as a result of a car accident, be awarded up to €15,700.
This is a €1,300 increase on the previous recommended minor whiplash payout. Insurers have often complained about whiplash payouts. Whiplash makes up the vast majority of personal injuries claims and is notoriously difficult to disprove.
Dozens of categories are covered in the book, which recommended rises in many cases such as for lower range arm fractures, where it advised payouts of €38,000, up by about a third.
However, recommended payouts also dropped in many categories such as soft tissue neck injuries in the higher range, from €78,400 to €77,900. The full book can be accessed here.
Consistency
Insurance Ireland chief executive Kevin Thompson welcomed the publication of the new book but was also critical of the decision to not measure awards against other countries.
“Bringing consistency to personal injury awards is the first step in tackling the high cost of claims in Ireland,” he said. “If this new Book is strictly adhered to by the Injuries Board and the judiciary then we can begin to tackle claims inflation.”
However, he added: “While its publication is welcomed, it is unfortunate that the new Book of Quantum does not internationally benchmark awards.
“Insurance Ireland is calling for a timeframe for the publication of the next Book and a commitment to internationally benchmark awards – otherwise it will simply reinforce rising claims costs.”
President of the High Court Justice Peter Kelly welcomed the publication of the updated guidelines. He said the new guidelines will provide “important data to all of those making awards or agreeing settlements in personal injuries cases”.
“The fact that the publication has been updated, covers more injuries and has greater detail, is very positive.”
“While all cases are considered individually, judges will find the revised Book of Quantum very useful in informing decision-making in relation to the value of damages.”
Written by Paul O’Donoghue and posted on Fora.ie
To embed this post, copy the code below on your site
Ol granny used say…..’ what’s good for the goose is good for the gander’
@Frank Mc Carthy: Make America Gander Again.
@Frank Mc Carthy: Did this fictitious personage not say ‘What’s *sauce* for the goose …’?
@Setanta O’Toole: Make American Trans Gander Again..
@If you’re: so back the natives because the natives have a very trans way of living
@Frank Mc Carthy:
So everyone in America should be let out of jail…
Everyone should just quote the Hunter Pardon and be let out jail…
Note: Hunter has been investigated by a special prosectuor team for 6 years for crimes that are not jailable offences for a normal US Citizen. Hunter has cooperated with the investigation and even got a deal with a Trump appointed prosecutor.
Trump on the other hand interfered with witnesses and refused to acknowledge his guilt. By Trump not admitting guilt, he saying he would break the law again..
Hunter clearly showed he subject to US Law and trump has shown that he believes he is above the law.
@Jack Dermody: Trump is not in jail so whatever you were trying to say is pointless
The choice of photo of Trump shows opinion.
@thomas molloy: Nothing gets past you.
@Louis Jacob: Well, we never seen an equivalent photo of Kamala Harris in Irish media. Has something changed in the world of supposedly fair journalism. ?
@thomas molloy: Have you not seen the video of Kamalla released this week. All the progressive sites showed it. It’s hardly flattering.
@thomas molloy: is there such a thing as a decent picture of trump? He is an elderly and obese perma fake tanned man with a Bet Lynch-esque sweep on his barnet.
@thomas molloy: It’s Trump looking mega-smug: a trademark look that his supporters normally love.
Old Joe must have seen this coming, having left the door wide open for Trump to flaunt.
@Toyo Ke: When first heard of the pardon, I thought it a bad move, but when review the convictions, jail time is not a normal outcome after pay the IRS back what owed with interest, and the same for applying for a gun while a felon. Unless actually committed a further offence, jail is abnormal.
We’ve been hearing about all the so-called evidence on Hunter’s laptop for years now without seeing any proof.
So yeah, I think it was Biden simply exercising some of his remaining power to save his son from dying in jail for things that wouldn’t ordinarily get sent to.jail for.
The door was already open. Trump would have been trying to do this sort of stuff regardless. He’d already stated his intentions.
All this changes is the narrative for what was already going to happen.
@ben wu: Arwa Mahdawi in the Guardian:
‘Look, I can certainly understand why Biden wants to protect his child. We all want to protect our children. But one thing Biden’s presidency, and his enabling of what many experts have termed a genocide in Gaza, has made clear is that the law doesn’t protect all children equally. As I write this, the former Israeli defence minister Yoav Gallant – who has an active warrant for his arrest from the international criminal court (ICC) – is in New York before meeting with members of the Biden administration. His invitation to the US is essentially a middle finger to international law and the ICC from Biden, who has continuously shielded Israel from facing any sort of accountability. That’s a far bigger deal to me than Biden pardoning Hunter but it’s part of the same problem: a two-tiered justice system that routinely shields the powerful and punishes the powerless. Some people are born Hunters, others prey.’
@Toyo Ke: trump pardoned all sorts of cret–inous creatures or have you forgotten that. Even made one of them an ambassador after that.
@Brendan O’Brien: That’s a fair point as a wider discussion, but not really salient to this topic of pardons.
USA is not a signatory country to the ICC, neither is Israel.
@ben wu: Agreed. The article is worth reading, though, as most of it is salient. I think it was a bad move by Biden.
@Brendan O’Brien: It’s not chess. It’s his son’s life. It was the right thing to do. His family have suffered too much for his political ambitions. Any father would do the same.
@Louis Jacob: I think the law should be allowed to take its course. Interference like this will only increase people’s disrespect for the law, regardless of the circumstances of this case.
@Brendan O’Brien: At that point, it would suggest that presidential pardons in general aren’t a great idea.
Biden hasn’t done the usual swathe of them yet, so it shows there’s a particular need for this one to happen now.
@Dave G Doe: persecution complex for sure.
@Louis Jacob: then why not go through the official channels of pardons office Louis? Why has it been back dated to January 2014? It’s a bad move, as if Joe Biden is ever taken to court Hunter will have to give evidence and will not be able to use the 5th to get out of it. Biden thought he was covering his own back, but this could back fire on him big time
@Louis Jacob: How have they suffered for his political ambitions?
@ben wu: cause they’re authoritarian countries that cosplay as democracies. They’ll trumpet the ICC when it suits them .
@Paul Hayes: Well, USA was a big player in forming the ICC, but then didn’t want their people subject to the sort of crimes it rules on, so didn’t sign up to it.
Getting back to topic at hand, it’s worth noting that Trump pardoned 4 Blackwater operatives that were fully responsible for the Nisour Square.17 unarmed civilians killed and another 20 wounded.
That his Education Secretary was the sister of the CEO of that company, I’m sure had nothing to do with it.
@Ted Daly: No, I hadn’t forgotten how Trump pardoned plenty of critters days before leaving the office last time, still, the card played right into Trumps hand
First thing Trump should do is Pardon the George Floyd cops.
@Dan Murphy: The murder charges are state charges and cannot be pardoned by the POTUS. Typical grasp of law for a Trumper you have.
Trump pardoned a dozen drug traffickers, bypassed and ignored the DoJ’s input, pardoned dozens of republican elected officials, business cronies, lawyers, friends, donors and campaign officials. He promised to pardon January 6th criminals who beat cops. I don’t care about Biden pardoning his last remaining son.
@Jack Hayes: he pardoned himself by pardoning his son. All those dodgy deals and shakedowns with big businesses in Asia and Ukraine that Hunter fronted. He always referred to the big guy, like ” the big guy said he’ll do it, ” or ” I spoke to the big guy and he signed off on going ahead with the transaction”. Biden and his son are as bent and crooked as an S hook. That’s why Biden back dated the pardon.
It’s nothing compared to what trump is going to do when he gets back to the office, but that’s what the American people voted for.
@Philip Slevin: Yes, soon to be known as Adolf Trump.
So many people cleaned up on Trump, all my bets came up plus i laid the corpse & Harris. Happy days. A fella in France had 28 million on Trump, wise man.
@Robert Bell: what a clown comment. Imagine being happy a multiple sexual assaulter of women, convincted felon, bankruptee, failed former president, carpet bagged, draft dodger, serial liar and golfer of over 25% of his last shambles back in the oval office. Maybe he can ask questions like can we nuke the next hurricane again or perhaps finally learn what a tariff is. Appalling stuff.
@Robert Bell: All your bets came up in a 2 horse race? You’re a regular genius.
Plus, why would you lay bets in a two horse race in an unlimited market, when you would have to offer higher odds? Seems abit dopey unless you’re a licensed bookie.
You had a good little fib going there, but you just took it too far.
@Louis Jacob: Unless you mean you had sex with a corpse.
@Ted Daly: You OK Hun.
@Robert Bell: so you’ve got a gambling problem.
Thanks for letting us all know.
Sad.
@Fergus O’Donnell: He sure does. He doesn’t seem to know how it works.
@Louis Jacob: I guess you do not know how Betfair works!! You can bet & lay on same horse, match, whatever. I backed Trump at 7-1 nothing dopey about that! plus laid the corpse @ 6-4 & harris just under evens.
@Fergus O’Donnell: your opinion is different to reality.
@Robert Bell: Betfair is accused in the UK of recently driving one young man to suicide… With their behaviour I mean obviously some personal responsibility comes in but it sounds quite shady
Pardon my French but f… Joe Biden and Donald Trump.
@Anthony Curran: Now you said it. Two slieveens is all they are. But what the boys on here spend their morning getting all butthurt about them.
@Louis Jacob: *watch
“No one’s above the law”… sure, for us lowly saps.
Shocker.
@Setanta O’Toole: trump pardoned some serious traitors. Behave.
@Ted Daly: Good man Ted.
Biden has now given Trump complete free reign for Trump to pardon Don Jr for all the pints he pretended to pay for for the locals in Doonbeg a few years ago.
These pardons are ridiculous regardless of who issues themselves. Pardoning one’s self is an act of a guilty man.
As if Trump wasn’t gonna push for himself to be excused while Jailing Hunter for as long as possible anyways.
Trump is a horrible excuse for a human being
Putin’s B Achoo.
Anyone know what’s going on with this? The Journal seems to be ” oblivious”.
@Fidgenti: I could do without reading the same identical information that has already been reported elsewhere.
@Jack Hayes: That doesn’t really answer the question I asked.
@Fidgenti: Not much of a story until there’s a name.
@Brendan O’Brien: The withholding of the name seems a bit suspicious.Maybe someone is afraid releasing the name might be injurious to the establishment of a new government.
Absolute lunatic this fella
@Derek O Gorman: have you been writing homophobic comments again or u taking a break
How many of the same cowards who ‘elected’ Michael Lowry would back a Trump? Let’s face it. Inverted commas because I’m sorry but if people believe that Lowry was always democratically elected… Hah !
Pardon Ross Ulbricht.
As much as I dislike him, he for once has a point. Did not see the rationale in Biden “pardoning” his son.
have your say