Man Challenges Crash Injury Claim in High Court

Grainne McMahon, Content Editor (Ireland)

October 12, 2021

A man has brought a High Court challenge after his road incident injuries claim was assessed as minor by the Personal Injuries Assessment Board under new guidelines reducing awards, particularly for minor injuries.

Calvin Keating was awarded €14,000 in a road incident claim and argues his claim should have been assessed by PIAB under the old system rather than new guidelines approved by the Judicial Council. In proceedings lodged in the High Court, he claims that PIAB did not give adequate reasons for its assessment and for the decision to conduct it in line with the new guidelines. He argues that his constitutional rights have been breached and his case must have regard to the new guidelines.

Twenty-one-year-old Calvin Keating of Shancastle Avenue, Clondalkin was involved in the road incident on 20 March 2019. He applied to PIAB on 4 December 2019 for an assessment of his claim against the car driver. He claims that PIAB was required to assess the claim within nine months from 6 March 2020. On 20 November 2020 PIAB extended the time to 4 June 2021 as a result of the pandemic. That extension, along with an amendment to the Personal Injuries Board Act 2003 which came into force on 24 April 2021 resulted in his claim being assessed under the new guidelines.

Mr Justice Charles Meenan granted leave to Mr Keating, on an ex-parte basis, to bring judicial review proceedings against PIAB, Ireland and the Attorney General.