IRB/PIAB Delays Ireland: 8 Common Causes and How to Avoid Them

The Real Timeline: Why IRB Claims Take 11.2 Months (Not 9)

Most websites quote "7 to 9 months" for IRB assessments. That figure is outdated. The IRB Annual Report 2024 [2] shows the average assessment time is now 11.2 months. Just over half of claims (51%) are resolved within the 9-month statutory target.

The difference between the 51% and the rest comes down to two factors: application quality and case complexity. Claims that move through without delays tend to have complete documentation from day one, correctly identified respondents, and injuries that have stabilised before submission. The other half get caught by at least one of the delay causes covered below.

The gap between the 9-month target and 11.2-month reality adds up. Factor in pre-application time (gathering medical reports, evidence collection) and post-assessment decisions, and the full claim lifecycle often stretches beyond 18 months.

Is Your Delay Abnormal? Benchmarking Your Situation

Use this table to assess whether your wait time falls within expected ranges or signals a problem requiring action:

These benchmarks assume a valid, complete application with respondent consent. If consent was refused, you should have received Authorisation to proceed to court much earlier.

Month-by-Month: What Should Happen and When to Worry

Understanding the expected progression helps you spot problems early. Here's what a "normal" IRB claim looks like at each stage, and the red flags that indicate delay risk:

Early Warning Signs: Predicting Delays Before They Happen

Don't wait until month 9 to discover a problem. These early indicators signal that a delay is likely developing:

Pre-Submission Warning Signs

• GP taking 3+ weeks to complete Form B: Medical report delays are the #1 cause of application problems. If your GP is slow, consider a private medico-legal report.
• Difficulty confirming respondent's legal name: If you can't verify the exact legal entity via CRO or Land Registry, you risk naming the wrong respondent (Cause 2).
• Company appears inactive on CRO: Check filing history. Recent strike-off warnings suggest dissolution risk (Cause 7).
• Injuries still evolving: Submitting before stabilisation means the IRB may invoke Section 14 long-term retention (Cause 4).

Post-Submission Warning Signs

• No acknowledgement within 14 days: Suggests application issue. Contact IRB immediately.
• IRB requesting "further information": Signals incomplete application (Cause 3). Respond within 7 days.
• Day 60+ with no respondent decision: Respondent likely using full 90-day window. Prepare for later assessment start.
• IME scheduled 3+ months out: Specialist availability problem (Cause 5). Request alternative examiner if possible.
• Respondent disputes insurance status: Uninsured driver pivot likely (Cause 8). Prepare to add MIBI.
• Multiple IRB queries in quick succession: Suggests systemic application problems. Review for errors.

The 8 Common Causes of IRB/PIAB Delays

Based on the Personal Injuries Resolution Board Act 2022 [4], IRB operational guidance, and patterns from claimant experiences, these are the eight delay triggers that derail claims:

1. Incomplete Application (Missing Medical Report)

Since September 2023, a medical report from your treating doctor is mandatory for any valid IRB application. Before this change, solicitors could lodge a "protective application" with just Form A and the fee, then forward the medical report later. That safety valve no longer exists.

Submit without the report and the IRB rejects your application. Worse: under Section 50, an incomplete application does not stop your Statute of Limitations clock. This is the most dangerous delay cause because it can leave you statute-barred.

Prevention: Use the "triage report" strategy. Commission a basic GP report immediately to satisfy Section 11 requirements and secure your filing date. The detailed consultant report can follow during the assessment phase.

2. Respondent Using Full 90 Days

After the IRB notifies the respondent (usually an insurer), they have 90 days to consent to assessment. Many wait until day 89. Even straightforward rear-end collisions can sit untouched for three months while insurers conduct investigations or simply test claimant patience.

Prevention: Serve a comprehensive "letter of claim" with your notification. Include CCTV footage, Garda abstract, witness statements, and photos. Strong evidence of liability encourages earlier consent.

3. Wrong Respondent Named

Name the wrong legal entity and your entire application fails. The IRB cannot correct respondent identification for you, and unlike court proceedings, amendments are not straightforward. Shopping centre slips are notorious: the trading name ("Dundrum Town Centre") differs from the registered company ("Dundrum Retail Limited" or similar).

For employer liability claims, employees often know their employer by brand name rather than the registered corporate entity. If a company has dissolved, changed names, or operates under a group structure, naming the wrong entity invalidates the claim.

Prevention: Run a Companies Registration Office (CRO) [10] search for every corporate respondent. For property claims, check the Land Registry [11] folio. When uncertain, name all potential respondents. You can narrow down later, but you cannot add parties you missed.

4. Insufficient Medical Evidence

A one-paragraph GP note stating "patient attended following accident" is not adequate. The IRB needs injury details, treatment received, prognosis, and expected recovery timeline. Vague or incomplete medical evidence triggers requests for clarification, pausing your claim for weeks or months.

Prevention: Brief your doctor on IRB medical report requirements [9]. For psychological injuries or complex physical conditions, get specialist reports upfront rather than waiting for the IRB to request them.

5. Independent Medical Exam (IME) Scheduling

The IRB often arranges independent medical examinations to verify injuries. Specialist availability varies. Neurology or psychiatry appointments can take 3-4 months to schedule. Missing an appointment means starting the wait again. The IRB may pause or release your claim under Section 17 if you're deemed non-compliant.

Prevention: Respond promptly to IME requests. Attend every appointment. If you have genuine scheduling conflicts, notify the IRB immediately rather than simply failing to attend.

6. Injuries Not Yet Stabilised

The IRB cannot assess compensation until your medical position is reasonably settled. If injuries haven't stabilised, the IRB may defer assessment or invoke Section 14 extension powers to hold your claim for up to two additional years.

Prevention: Discuss timing strategy with your solicitor. Sometimes waiting for fuller recovery before applying produces a better outcome than rushing in with an uncertain prognosis.

7. Section 49 Extension Requests

Under Section 49(4) of the PIAB Act, the IRB can extend its assessment period by up to 6 months beyond the initial 9 months (total: 15 months). This happens when medical evidence remains outstanding or cases are unusually complex.

Prevention: Submit complete documentation from the start. Respond to IRB queries within days, not weeks. Minimise reasons they might need more time.

8. Administrative Processing Delays

Application validation, assessor assignment, report generation: each step takes time. The IRB targets 3 working days for initial review, but processing delays accumulate during high-volume periods.

Prevention: Submit online via the IRB portal (€45) rather than by post (€90). Digital submissions reduce manual handling errors and provide instant confirmation for Section 50 purposes.

The Section 50 Statute Trap: Why Incomplete Applications Are Dangerous

This is the delay cause that can destroy your claim entirely. Under Section 50 of the PIAB Act 2003 [5], your 2-year Statute of Limitations clock only stops when a complete, valid application is received by the IRB.

Before the 2022 Act changes (implemented September 2023), solicitors could lodge a "protective application" to stop the clock, then follow up with documentation. That safety valve has been removed. Applications must now be "perfect" on first submission, or they don't count for limitation purposes.

The fix: Never submit an application close to your deadline without the medical report, verified PPSN, and proper signature. If your limitation date is approaching and you cannot obtain a full consultant report in time, use the "triage report" approach: a basic GP report satisfies Section 11 requirements and secures your priority date. Detailed evidence can follow during assessment.

Stage-by-Stage Prevention Checklist

The goal is a "first-time-right" application that moves through without triggering any delay cause.

Mediation: The Faster Alternative (Available for All Claims Since December 2024)

The IRB now offers free mediation across all personal injury claim types. Motor liability claims became eligible on 12 December 2024 [1], joining employer liability (December 2023) and public liability (May 2024).

Average mediation resolution time: approximately 3 months. Compare that to 11.2 months for standard assessment. That's a 73% reduction in wait time for suitable claims.

When Mediation Makes Sense

Mediation works best when both parties are willing to negotiate and facts aren't heavily contested. It's particularly useful when liability is the main sticking point, since standard IRB assessment cannot resolve liability questions.

The "Double Delay" Risk

If mediation fails, the claim moves to assessment, but sequentially, not concurrently. You could spend 3 months in mediation, fail to agree, then restart the 9-month assessment clock. That's potentially 12 months before reaching a result.

For clear-cut liability cases where you simply need quantum assessed, skipping mediation and proceeding straight to assessment may be faster.

Your Claim Is Already Delayed: What to Do Now

If you're experiencing delays, you're not powerless. Here's a practical troubleshooting approach:

Step 1: Identify the Blockage

Contact the IRB directly (1800 829 121 or [email protected]) and request a status update. Common responses:

• "Awaiting respondent consent" – the 90-day window is still running. Your solicitor can apply pressure, but you cannot force faster consent.
• "Awaiting medical documentation" – chase your doctor or the IRB's appointed examiner.
• "Awaiting clarification" – respond immediately to whatever information they need.

Step 2: Check Extension Notice Requirements

If your claim has passed 9 months without assessment or proper extension notice, the IRB may be in breach of Section 49. Under the rules, they must notify you in writing before the 9-month deadline expires if they need more time. Check if you're entitled to Authorisation to proceed to court.

Step 3: Consider Whether Court Is Faster

Court cases take 2-4 years on average, longer than IRB assessment. But in some situations, active case management in litigation beats an indefinitely stalled IRB file. If you've been waiting 15+ months with no clear resolution path, discuss litigation strategy with your solicitor.

Section 49 Extensions: How the IRB Can Hold Your Claim for Up to 15 Months

The 9-month assessment target is not absolute. Under Section 49(4) of the PIAB Act 2003 [6], the IRB can extend by up to 6 months (total: 15 months) when assessment within the standard window isn't possible.

Extension rules:

• The IRB must notify you in writing before the 9-month deadline.
• The notice must explain why extension is needed.
• The notice must specify the new target date (maximum 6 months later).
• If the IRB fails to issue proper notice and 9 months pass, you may be entitled to Authorisation.

The 2022 Act added Section 14 powers [7] allowing claims with uncertain long-term prognosis to be retained for up to 2 additional years. This requires consent from both parties. You can refuse the extension and proceed to litigation if you prefer active case management over indefinite waiting.

Special Delay Scenarios: Dissolved Companies and Uninsured Drivers

Some delay causes don't fit the standard eight categories. These edge cases can add 6-12 months to your claim if you don't catch them early.

Corporate Dissolution and Restoration

In employer liability claims, a severe delay arises when the defendant company has been struck off the Companies Register (often for failure to file annual returns). You cannot sue an entity that doesn't exist. The IRB cannot assess a claim against a dissolved company.

The fix: Apply to the Circuit Court to have the company restored to the register before the IRB process can proceed. This typically adds 6-12 months. Early CRO checks identify this problem immediately, allowing the restoration process to run parallel to your medical recovery rather than sequentially.

The "Uninsured Driver" Pivot

Delays frequently occur when a motor respondent turns out to be uninsured. The process typically starts against the named driver. Months later, it emerges they have no valid insurance policy. The Motor Insurers' Bureau of Ireland (MIBI) must then be joined as respondent.

The IRB must restart the clock for the MIBI: new notice, new 90-day consent period. This effectively doubles the notification phase.

Prevention: Verify insurance details via the Garda Abstract immediately after the accident. If insurance status isn't confirmed within 4 weeks, name the MIBI as a precautionary co-respondent in your initial IRB application. You can drop them later if the driver proves to be insured.

The Mediation Cooling-Off Lag

Even successful mediations have a built-in delay: the 10-day cooling-off period. An agreement reached in mediation is not binding until this period elapses. Either party can withdraw during those 10 days.

The risk: A respondent could agree to a settlement in mediation, wait 9 days, then withdraw. You're back to square one, having lost weeks in the mediation process. This is why having assessment consent as a fallback is essential.

Mediation vs Standard Assessment: Quick Comparison

Sources: IRB Mediation Guide [8]; IRB Annual Report 2024 [2]

Delay Impact by Stage: Quick Reference

The most dangerous delay is pre-application (Section 50 non-compliance) because it can result in permanent loss of your claim through statute expiry.

IRB vs Litigation: The Full Timeline Comparison

When weighing whether to accept an IRB assessment or reject and proceed to court, the time cost is often underestimated. According to the National Claims Information Database (NCID) report [12], motor injury claims that settle through the IRB take an average of 2.7 years from accident to settlement. Claims that proceed through litigation take an average of 5.1 years.

That's a difference of 2.4 years. The litigation route also incurs average costs of just under €19,000, compared to just over €2,000 through the IRB process. These figures help explain why 50% of claimants accept IRB assessments despite the Personal Injuries Guidelines reducing award values since 2021.

Key Facts at a Glance

Frequently Asked Questions

What to Consider Next

References

1. Motor Mediation Commencement (December 2024) – gov.ie
2. IRB Annual Report 2024 – injuries.ie
3. Injuries Resolution Board – citizensinformation.ie (November 2025)
4. Personal Injuries Resolution Board Act 2022 – irishstatutebook.ie
5. Personal Injuries Assessment Board Act 2003, Section 50 – irishstatutebook.ie
6. Personal Injuries Assessment Board Act 2003, Section 49 – irishstatutebook.ie
7. Personal Injuries Resolution Board Act 2022, Section 14 – irishstatutebook.ie
8. Mediation at the Injuries Resolution Board – injuries.ie
9. Guidance on Medical Reports – injuries.ie
10. Companies Registration Office – cro.ie
11. Land Registry / Landdirect – landdirect.ie
12. National Claims Information Database Motor Report – Law Society Gazette (October 2024)