General Visitor Frequently Asked Questions
Here are answers to a range of common questions about the State Claims Agency.
Our remit extends across a wide range of bodies involved in the provision of public services, where management of claims is delegated to us, known as State Authorities. State Authorities include the State itself, Government Ministers and Departments, the Defence Forces, An Garda Síochána, the Irish Prison Service, Tusla, other State agencies, community and comprehensive schools, the HSE, and the voluntary health and social care sector.
The National Treasury Management Agency (Amendment) Act 2000, provides for the management of personal injury and property damage claims against the State and State Authorities by the National Treasury Management Agency, as delegated to it by Government. In addition, the National Treasury Management Agency (Amendment) Act 2014 provides for the delegation to the National Treasury Management Agency of the management of claims for legal costs against the State and State Authorities, however so incurred. When performing these functions, the National Treasury Management Agency is known as the State Claims Agency.
The National Treasury Management Agency (Amendment) Act 2000 was amended in 2017 to provide that the State Claims Agency would specify the minimum levels of indemnity applicable to classes of medical practitioners. In 2018, it was further amended to provide that the State Claims Agency carry out certain functions in relation to the Insurance Compensation Fund. In the event of the liquidation of an insurance company requiring a payment from the Insurance Compensation Fund, the State Claims Agency makes applications to the High Court, on behalf of the liquidator, to approve those payments, on completion of a due diligence examination of the relevant claims. In respect of insurance companies authorised in an EU Member State other than Ireland, the State Claims Agency also distributes sums released from the Insurance Compensation Fund to claimants.
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.
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 PIAB (Personal Injuries Assessment Board), Ireland’s independent State body which assesses personal injury compensation, in the first instance.
Where PIAB makes an assessment, we will review the award. Where we conclude the compensation is reasonable, and subject to the outcome of our investigation of the claim, we will accept PIAB’s assessment and arrange payment of the compensation by EFT.
Where we do not accept PIAB’s assessment, or where PIAB decides not to assess your claim, you 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 you have been involved in an accident with a vehicle that is indemnified by the State, please arrange to obtain an estimate for the damage to your vehicle and submit this via our Motor-related Property Damage Claim Form.
Following review of your submission, we will arrange to inspect the vehicle. Where we conclude that liability is not disputed, you will be contacted to establish whether you wish us to pay you directly for the damage, or pay your garage directly, via EFT.
If liability is disputed, we will advise you of this and may not be in a position to make any payments.
Under the Insurance (Amendment) Act 2018, the State Claims Agency fulfils an advisory and audit role regarding applications for compensation from the Insurance Compensation Fund. We have no role in the management of individual claims and all queries regarding your claim itself should be directed to the liquidator of the insurer in liquidation, or the nominated claims handling agents.
Our role involves the auditing of claims documentation presented to it by the liquidators to ensure that relevant claims are, in the first instance, covered by the Fund and will then, in conjunction with the liquidator, be put forward for approval by the President of the High Court. In respect of insurance companies authorised in an EU Member State other than Ireland, we also have a role in the distribution of sums released from the Insurance Compensation Fund to claimants.
There are different categories of claims that are payable and not all claims are eligible for payment. Certain relevant third-party claims are paid in full. However, the Insurance Compensation Fund only pays 65% of other claims. Legal costs are payable, where applicable. There is no provision for the payment of defence legal costs from the Insurance Compensation Fund.
If your claim is approved by the High Court for payment, the liquidator will submit your details for payment to us and we will arrange to pay the compensation due to the relevant account provided by the liquidator.
No. Under Section 13 of the Insurance (Amendment) Act 2018, while the State Claims Agency has a role to assist the Central Bank, when requested, with insurers in administration, all queries regarding the claims of insurers under administration should be directed to the insurers’ representatives in the first instance.