Accept or Reject an IRB Assessment After a Car Accident in Ireland

Summary: You have 28 days to accept or reject an Injuries Resolution Board (IRB, formerly PIAB) assessment. If the respondent accepts but you reject, and a court later awards you less than the assessment, Section 51A of the PIAB Act 2003 means you can't recover your legal costs and may have to pay the other side's costs. This isn't just theory. We've seen claimants "win" in court but end up financially worse off than if they'd accepted the assessment. Since motor mediation launched in December 2024, you now have a third option that avoids this binary trap.

This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary based on individual circumstances. Consult a qualified solicitor for advice specific to your situation.

The four possible outcomes when you receive an IRB assessment

When the Injuries Resolution Board issues an assessment, there are four scenarios depending on what you and the respondent (usually an insurer) each decide. Understanding which scenario applies shapes everything that follows. This isn't about getting the highest number. It's about understanding which number you'll actually walk away with after costs.

Source: PIAB Act 2003 (as amended), Section 51A. The most dangerous scenario is row three: you reject, they accept. That's when you carry the costs risk into any court case.

How to accept or reject: the mechanics

The process is simpler than most people expect. There's no special form.

To accept

• Write to the IRB stating you accept the assessment
• Include your claim reference number
• Sign and date the letter
• Send by registered post (keep proof) or email to [email protected]
• Do this within 28 days of the Notice of Assessment date

To reject

• Write to the IRB stating you reject the assessment
• You don't need to give reasons
• Same process: reference number, signature, registered post or email
• Within 28 days

If you do nothing: You're deemed to have rejected after 28 days. But this isn't a loophole. Section 51A still applies if the respondent accepted. Letting the deadline pass doesn't protect you from costs exposure.

Most claimants with solicitors have the acceptance or rejection handled on their behalf. If you're acting without a solicitor, the IRB's contact details are on your Notice of Assessment.

Source: Citizens Information. PIAB Act s.30.

What happens after you decide

The path splits depending on your choice.

Key point on enforcement: If the respondent accepts, you accept, and they don't pay within 28 days, you don't need to sue them. The Order to Pay is enforceable as if it were a court judgment. You can register it and pursue enforcement directly.

Key point on Authorisation: The 6-month window to issue proceedings runs from the Authorisation date. But you also retain any unused time from your original 2-year limitation period. Whichever is longer applies.

Section 51A: the tender rule that changes everything

Section 51A of the PIAB Act 2003 is the single biggest factor in any accept/reject decision. It's also the one most often misunderstood. Here's what it actually does: if the respondent accepts the assessment but you reject it, that accepted assessment functions as a legal "tender" in any subsequent court case. The consequences are severe if you don't beat it.

What happens if the court awards you less than (or equal to) the assessment:

First, you can't recover your legal costs from the respondent. According to the Central Bank's National Claims Information Database, legal costs in litigated cases consume around 38% of settlement value for cases that settle before trial, and roughly 49% for cases that go to court award. By contrast, the IRB process has delivery costs of only about 6.5%. That's the gap you're gambling with.

Second, the court can order you to pay the respondent's costs from the date of the tender (the assessment). In practical terms, Circuit Court costs typically run €10,000 to €20,000. High Court costs often exceed €40,000. You could "win" your case on liability, receive a smaller award than the assessment, and end up owing money overall.

The High Court confirmed in 2022 that Section 51A doesn't create a "chilling effect" on access to the courts. The judge noted that this is no different in principle from a Calderbank letter or lodgement, which are standard features of litigation. See Wolfe v PIAB [2022] IEHC 370. The costs risk is simply how the system works.

The real numbers: what you actually keep

The assessment figure isn't what you take home. Neither is a court award. Here's what a €20,000 assessment looks like across three scenarios.

Delivery cost percentages from Central Bank NCID Report. IRB costs ~6.5%. Litigation costs 38% (settled) to 49% (court award).

The third row is what catches people out. You "won" €18,000 but the respondent had accepted €20,000. Section 51A means you can't recover your legal costs and you may owe theirs. A €5,000 gain in court can become a €15,000 loss after costs. We've seen it happen.

Does court interest help you beat the assessment?

Courts add interest to your damages from the date of injury under the Courts Act 1981. The current rate is 2% per annum. On a claim that takes 3 years to reach court, that adds roughly 6% to your damages figure.

Example: Assessment is €20,000. Court awards €19,000 in damages. Plus 3 years' interest at 2% adds ~€1,140. Your total award is €20,140. You've beaten the assessment. Section 51A doesn't bite.

But don't rely on this. Interest only helps if your damages are already close to the assessment. If the court awards €17,000, adding €1,000 in interest still leaves you short. And you won't know the damages figure until judgment. It's a marginal buffer, not a safety net.

Section 51C: the cooperation trap that follows you

There's another costs risk that catches people. Section 51C of the PIAB Act (introduced by the 2019 Amendment) allows a court to penalise you on costs even if you beat the assessment, if you didn't cooperate with the IRB during the assessment phase.

"Non-cooperation" includes:

• Missing a medical examination arranged by the Board without reasonable cause
• Failing to provide documents like receipts for expenses or loss of earnings certificates
• Not responding to reasonable requests for information

Here's the trap: if the assessment was artificially low because you didn't attend the IME or didn't submit your special damages documents, you can't "cure" that by rejecting and going to court. Your conduct during the IRB process follows you into litigation. The court can use Section 51C to deny you costs even if you get more than the assessment.

A common issue we encounter: claimants who were handling things themselves before instructing a solicitor, and who missed deadlines or appointments. Those earlier missteps create a shadow over the rejection decision.

Differential cost orders: the jurisdiction gamble

Beyond Section 51A, there's another costs trap that affects claimants who reject and sue. It's called a "Differential Cost Order" and it applies when you bring your case in a court tier higher than necessary.

Irish courts have jurisdiction limits. District Court handles claims up to €15,000. Circuit Court handles €15,000 to €60,000. High Court handles claims above €60,000. If you reject an assessment and sue in the High Court, but the court awards you a Circuit Court level amount (under €60,000), you may be hit with a Differential Cost Order.

Under Court of Appeal rulings in cases like Moin v Sicika and O'Malley v Evoy, judges should make a Differential Cost Order unless there are good reasons not to. This means you pay the difference between what the defendant actually spent defending the High Court case and what they would have spent in Circuit Court.

How the 2021 Personal Injuries Guidelines changed the maths

Before April 2021, the "Book of Quantum" gave judges broad discretion. Court awards were often 30% to 50% higher than PIAB assessments for similar injuries. Rejecting made economic sense because there was a "litigation premium" worth chasing.

The Personal Injuries Guidelines changed that calculation. They were upheld as constitutionally valid by the Supreme Court in Delaney v PIAB [2024]. Both the IRB and the courts now use the same framework. The gap between what the Board assesses and what a court will award has narrowed, sometimes to nothing.

Sources: RTÉ, July 2025. Irish Examiner, May 2025. IRB Annual Report 2024.

What this means: The majority of motor claims now fall under €15,000, which is District Court jurisdiction. Rejecting a €12,000 assessment to pursue €14,000 in the District Court makes little economic sense when you factor in legal costs, stress, and 2 to 4 years of waiting. The "litigation premium" that once rewarded rejection has largely disappeared for minor injuries.

The 50% puzzle: Half of claimants still reject despite awards dropping 29%. The acceptance rate was 51% in 2020 and 50% in 2024. Why hasn't it shifted? Two possibilities. First, solicitors are correctly identifying cases where rejection makes sense. Second, some claimants are still working from pre-2021 assumptions when courts routinely awarded more. We suspect it's both. The key question isn't what most people do. It's whether YOUR assessment, with YOUR injuries and YOUR costs exposure, justifies the risk of rejection. That's a different calculation for every case.

Mediation: the third option since December 2024

Since 12 December 2024, the IRB offers mediation for motor liability claims. This changes the accept/reject binary into a three-way choice. Mediation lets you negotiate without formally rejecting the assessment and without triggering Section 51A.

Key features of IRB mediation:

• Free. No charge for the mediation service itself.
• Confidential. Nothing said in mediation can be used in later proceedings if it fails.
• Broader scope. Unlike assessment, mediation can address liability disputes and contributory negligence. The Board couldn't do this before.
• Faster. The IRB estimates mediation can complete in about 3 months, compared to 2 to 4 years for litigation.
• 10-day cooling-off. If you reach agreement, you have 10 days to change your mind before it becomes binding.
• Same legal status. A mediated settlement results in an Order to Pay with the same force as a court order.

Source: Department of Enterprise press release, December 2024. Citizens Information.

Decision checklist: 10 factors to weigh

There's no universal right answer. The decision depends on your specific circumstances. Here's a framework covering the 10 factors that matter most.

How injury type affects the decision

Your injury profile matters. Here's how different situations typically lean.

This isn't a formula. It's a starting point. Your specific facts, the respondent's position, and your risk tolerance all factor in.

What if the assessment lacks detail? The Wolfe ruling

In October 2023, the Court of Appeal quashed an IRB assessment because it didn't adequately explain how the compensation figure was calculated. Wolfe v PIAB [2023] IECA 245 established that claimants are entitled to understand the basis of an assessment without having to guess.

The case involved a €11,000 assessment for multiple injuries (back, shoulder, leg). The IRB identified a "dominant injury" but didn't explain how the other injuries were valued or what "uplift" was applied. Mr Justice Binchy said the information could have been provided "in a single sentence" showing the dominant injury value and the uplift for lesser injuries.

Why this matters for your decision: You're being asked to accept or reject with serious financial consequences. Section 51A costs penalties hinge on whether you beat the assessment in court. If you can't see how the figure was calculated, you can't properly evaluate whether it's fair or whether you'd likely get more from a judge.

The Court held that this lack of transparency inhibits your ability to make an informed decision. If your Notice of Assessment is a single lump sum without breakdown, that's a legitimate concern to raise before accepting.

Source: Irish Times, October 2023. Irish Legal News.

Red flags in your assessment

Not all assessments are created equal. Some contain warning signs that suggest the IRB may have undervalued your claim. Check for these before deciding.

One red flag doesn't automatically mean reject. But multiple red flags suggest the assessment deserves scrutiny before you accept.

Special damages: the hidden deficit in IRB assessments

While general damages (pain and suffering) grab the headlines, the undervaluation of special damages (financial losses) is often where IRB assessments fall short. The Board's paper-based process struggles with certain types of loss.

What the IRB handles well:

• Past out-of-pocket expenses (with receipts)
• Past loss of earnings (with a Loss of Earnings Certificate)
• Medical report costs and IRB application fees

What the IRB struggles with:

• Future loss of earnings. Calculating this often requires actuarial evidence and vocational assessment, which aren't part of the standard IRB file.
• Career impact. A carpenter who can't do heavy lifting anymore, limiting overtime and promotion prospects. The Board may reimburse lost wages to date but won't capitalise lifetime earnings loss.
• Future care costs. Ongoing physiotherapy, assistive equipment, gratuitous care from family members. These require expert quantification.

When rejection makes sense for special damages: If you have a permanent disability affecting your work capacity, the IRB assessment will almost invariably undervalue the claim because it lacks the mechanism to test oral evidence about your career trajectory. In such cases, rejection isn't a gamble. It's a necessity to secure the special damages which may dwarf the general damages.

A common issue we see: claimants focus on whether the pain and suffering figure seems fair, while ignoring that their future financial loss hasn't been properly assessed at all.

Time limits that apply

Missing a deadline can end your claim. Here are the ones that matter.

Recent case law you should know

Frequently asked questions

What to consider next

If you've received an IRB assessment and aren't sure whether to accept, here are logical next questions.

How does my assessment compare to similar cases? Our car accident compensation guide breaks down typical ranges under the Personal Injuries Guidelines for different injury types.

What if I think the other driver was partly at fault but liability wasn't fully admitted? Mediation can now address contributory negligence. Read our IRB process guide for how the consent and assessment stages work.

What's the overall claims process from start to finish? Our car accident claims process guide covers everything from reporting to Gardaí through to final settlement or court.

Related internal guides: IRB process • Compensation guide • Time limits • Claims process