A MAN has brought a High Court challenge aimed at overturning a decision by the Personal Injury Assessment Board (Piab) to halve the €1,500 sought by him to pay for legal advice relating to his motor accident claim which was processed by the board.
The man’s counsel argued yesterday that comments made last October by Piab chief executive Patricia Byron to an Oireachtas committee showed Piab believes there was “no place for lawyers” in its system of processing claims. Maciej Sieracki, a Polish-born van driver living at Limelawn Hill, Clonsilla, Dublin, secured leave to take judicial review proceedings to quash Piab’s refusal last December to pay the full €1,500 sought for his legal advice related to bringing the claim.
Mr Sieracki argues he is entitled to receive fees for legal advice as an expense reasonably incurred in making a claim to Piab.
The claim arose out of a crash in Laragh, Co Wicklow, in July 2007 when Mr Sieracki’s van was allegedly hit by another vehicle which failed to stop at the scene.
Piab awarded him €20,000 and legal fees for €600, not the €1,500 sought.
Denise Brett, for Mr Sieracki, argued that the board had made no adequate response to letters from his solicitors requesting an explanation for the cut in fees.
Mr Justice Peter Charleton granted Mr Sieracki leave to seek a judicial review and returned the matter for mention to next month.