From time to time, members of the public may need to initiate a claim against a State authority covered by State indemnity. Here are answers to a range of common questions about making a personal injury or property damage claim and the role of the State Claims Agency.
In general, subject to the Statute of Limitations Acts, as amended, the time limit for submitting a personal injury claim for compensation is two years from the date of the accident. However, there is a further legal requirement that you must formally notify the person/organisation you hold responsible for your injury within one month of an accident.
The State Claims Agency manages personal injury and third-party property damage claims against the State and State authorities, as delegated by Government. It provides its claims services to State authorities under its remit through two State indemnity schemes: the General Indemnity Scheme and the Clinical Indemnity Scheme. If you have a claim against a State authority, you or your solicitor should submit a letter of claim to stateclaims@ntma.ie.
State indemnity for clinical claims is operated by the State Claims Agency through the Clinical Indemnity Scheme. If you have a claim against a State authority covered by the Clinical Indemnity Scheme, you or your solicitor should submit a letter of claim to stateclaims@ntma.ie.
State indemnity for personal injury and third-property damage claims is operated by the State Claims Agency through the General Indemnity Scheme. If you have a claim against a State authority covered by the General Indemnity Scheme, you should submit an application to the Injuries Resolution Board, Ireland’s independent State body which assesses personal injury compensation, in the first instance.
The State Claims Agency will investigate your claim and, if it determines that liability rests with the State authority, it will consent to the Injuries Resolution Board (IRB) assessing the matter.
Where the IRB makes an assessment, the State Claims Agency will review the award. Where it concludes the compensation is reasonable, and subject to the outcome of its investigation of the claim, the State Claims Agency will accept IRB's assessment and arrange payment of the compensation by EFT.
Where it does not accept the IRB's assessment, or where the IRB decides not to assess your claim, the State Claims Agency will receive an authorisation which will permit you to issue legal proceedings.
The level of any compensation paid/awarded for any claim will vary based on the Personal Injuries Guidelines and the individual facts and circumstances of the claim and the injuries.
If your property has been damaged by a State authority that is indemnified by the State, you will need to initiate and submit a claim through the State Claims Agency. The property damage claim process is as follows:
- Where possible, get an estimated cost for repairing/replacing the property that has been damaged
- Select and complete the relevant property damage forms available here
- Submit the form to the State Claims Agency
Following notification of your claim, the State Claims Agency will investigate the background and circumstances giving rise to the claim and make a determination on liability. The State Claims Agency may instruct an independent expert to examine the damage. The length of the process will differ depending on the specific circumstances and details of the claim and may also be impacted by external factors beyond the State Claims Agency’s control. Please allow time for review and/or processing of the claim.
If the State Claims Agency accepts liability on behalf of the State authority, it will engage with you to resolve the claim.
If the State Claims Agency establishes that liability is disputed, it will advise you accordingly and will formally deny liability in respect of your claim.
Find answers to more common questions about making property damage claims here.
If you have been involved in an accident with a vehicle that is indemnified by the State, you will need to initiate and submit a claim through the State Claims Agency. The vehicle damage claim process is as follows:
- Where possible, get an estimated cost for the damage to your vehicle that has been damaged
- Select and complete the relevant property damage forms available here
- Submit the form to the State Claims Agency
Following notification of your claim, the State Claims Agency will investigate the background and circumstances giving rise to the claim and make a determination on liability. The State Claims Agency may instruct an independent motor assessor to examine the damage. The length of the process will differ depending on the specific circumstances and details of the claim and may also be impacted by external factors beyond the State Claims Agency’s control. Please allow time for review and/or processing of the claim.
If the State Claims Agency accepts liability on behalf of the State authority, it will engage with you to resolve the claim.
If the State Claims Agency establishes that liability is disputed, it will advise you accordingly and will formally deny liability in respect of your claim.
Find answers to more common questions about making property damage claims here.
