Minister Carroll MacNeill welcomes the publication of the National Claims Information Database Mid-Year Data Release
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From: Department of Finance
- Published on: 13 July 2023
- Last updated on: 12 April 2025
Minister Carroll MacNeill welcomes the publication of the National Claims Information Database Mid-Year Data Release on Employers’ Liability and Public Liability Insurance
- Personal Injuries Guidelines having real impact on cost of claims
- PIAB a better model for the public interest
- 'Duty of Care’ legal change will be important
- engagement with insurance CEOs on new business insurance regime
- Minister meeting businesses and brokers to hear direct experiences
Jennifer Carroll MacNeill, the Minister of State for Financial Services, Credit Unions and Insurance, has today welcomed the publication by the Central Bank of Ireland of the National Claims Information Database (NCID) Employers’ Liability (EL) and Public Liability (PL) Mid-Year Data Release.
Minister Carroll MacNeill said:
“I welcome the publication of this Report on Employers’ and Public Liability claims, as it provides important insights into issues impacting businesses and community organisations throughout the country.
"This report shows that that the Personal Injuries Guidelines developed by the judiciary are having a significant impact on claims settled, which is good for the public interest in driving down the costs that we all bear from over expensive insurance practices. Using the PIAB as opposed to litigation, means that we can achieve quicker outcomes for anyone with an injury, but with a much lower cost overall. Let’s face it – these costs are inevitably passed on in the form of increased premium prices so we should have a collective objective of driving down the cost of settling injury claims and make sure the money is there for people who need it, rather than an expensive process putting up costs for everyone. The PIAB is quicker and cheaper than litigation and a better model for the public interest.
"Driving unnecessary litigation out of the claims settlement process reduces costs for everyone – reduces direct insurance costs for businesses and therefore drives down prices for consumers. As Minster, I am committed to doing everything I can to highlight the value to people in Ireland of the PIAB process – lower insurance costs benefit us all."
The report provides a highly encouraging update regarding the emerging impact of the Personal Injuries Guidelines on claims settled either directly or through the Personal Injuries Assessment Board (PIAB).
Minister Carroll MacNeill added:
“This report shows two important findings:
1. That the Guidelines are clearly taking hold with reductions of approximately between a third to a half in the cost of these claims, compared to those settled under the Book of Quantum. Of course the impact of the Guidelines has yet to fully pass through on litigated claims, which can take up to five years to settle. As these older ‘grandfathered’ claims wash through the system, the full benefits of the Guidelines should start to be seen in the litigated channel, which accounts for the vast majority of liability claims costs.
2. That liability claims settled by litigation cost more and take longer to settle than those settled through the PIAB. This has been a consistent finding across successive NCID reports, and has enabled Government to develop targeted legislation to enhance and strengthen the PIAB, with a view to increasing settlements through this channel.
"This Report reinforces the importance of all stakeholders fully embracing and implementing the government’s reform agenda, particularly the landmark Personal Injuries Guidelines. I look forward to the publication of the full annual liability EL/PL report by the NCID later this year, which will include premium data, and should provide further key insights.”
Duty of Care
Minister Carroll MacNeill said:
“Furthermore, the recently enacted legislation to reform the ‘duty of care’ is expected to significantly impact claims in this sector, especially the issue of ‘slips, trips and falls’. This in turn should generate benefits for businesses, as well as the many individuals, community, sporting and voluntary groups that make such valuable contributions to society.
"I have written to the CEOs of the major insurance companies in Ireland and I will meet them to discuss their plans to reflect this legal change in the premiums they offer to the business community in Ireland. I am also meeting international insurance firms who have no legacy issues under the old legal regime to hear about their plans to expand into the Irish EL/PL space over the coming period. This will help drive much needed competition in the marketplace.
"Last week I met businesses and insurance brokers in Galway and Mayo to hear their challenges of getting insurance, or getting insurance at competitive rates. I want to continue to engage with businesses all over the country to hear about what insurers are saying to them about their upcoming premium reviews after this important legal change has been made. In the meantime, I will be focusing entirely on driving unnecessary litigation out of the settlement process as far as I can and making the PIAB really work for the people of Ireland."
The NCID has proven to be a robust source of independent and verified data, and Government will continue to use future reports to monitor the impact of this and the many other reforms delivered through the Action Plan for Insurance Reform.
Notes
The Central Bank of Ireland has today (Thursday, 13 July 2023) published the first Employers’ Liability and Public Liability Insurance Mid-Year Data Release of the National Claims Information Database (NCID). The NCID is a repository that stores information on the cost of non-life insurance claims. The Central Bank of Ireland is responsible for collecting the information and managing the NCID under the Central Bank (National Claims Information Database) Act 2018.
The purpose of the NCID is to improve transparency around the cost of settling claims, and the impact this has on the cost of insurance. It achieves this by storing claims data at a greater level of detail than in the past. This enables better analysis and improved decision-making in relation to the cost of insurance.
This latest publication is the first mid-year data release on Employers’ Liability and Public Liability Insurance by the NCID, with a view to providing certain data on a more frequent basis. It provides insights into settled claims and costs for the period up to 30 June 2022, including information on claims settled under the Personal Injuries Guidelines. The complete annual Employers’ Liability, Public Liability and Commercial Property Insurance Report for 2022 will be published later this year.
The Personal Injuries Guidelines, published by the Judicial Council, took effect from 24 April 2021. They set new guideline levels for personal injury awards and change the amounts of General Damages to be awarded by the Courts and the Personal Injuries Assessment Board (PIAB).
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 provides for amendments to the Occupiers’ Liability Act 1995 in relation to the ‘common duty of care’. The amendments contain four key developments:
- inserting into primary law a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users
- changing the standard to clarify that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is the standard of reckless disregard rather than reasonable grounds which should apply in relation to any consideration of liability
- limits to the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence
- allowing for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm
It is expected that this reform will prove beneficial to businesses, and community, sporting and voluntary groups. The Minister for Justice has expressed her intention to commence the relevant provisions of the Act shortly.
Key findings from the report
Injury Claim Settlements in H1 2022
Method of claimant settlement by channel
- 19% (EL) and 16% (PL) of claimants settled directly
- 11% (EL) and 13% (PL) of claimants settled via PIAB
- 70% (EL) and 72% (PL) of claimants settled via litigation
Method of settlement by cost
- 6% of injury costs settled directly, for both EL and PL claims
- 4% (EL) and 6% (PL) of injury costs settled via PIAB
- 90% (EL) and 89% (PL) of injury costs settled via litigation
Direct settlements
- EL claims had average compensation of €23.4k, and average legal costs of €3.1k
- PL claims had average compensation of €15.3k and average legal costs of €4.9k
PIAB settlements
- EL claims had average compensation of €25.9k, and average legal costs of €1.2k
- PL claims had average compensation of €22.3k and average legal costs of €1.6k
Litigated settlements
- EL claims had average compensation of €69.9k, and average legal costs of €36.6k
- PL claims had average compensation of €40.6k and average legal costs of €29k
Personal Injuries Guidelines H1 2022
For injury claims settled in H1 2022
- 22% settled under the Guidelines
- 78% settled with reference to the Book of Quantum
Settlement under the Guidelines by channel
- 66% of claims that settled Direct before PIAB
- 85% of claims that settled through PIAB
- 59% of claims that settled Direct after PIAB
- 3% of claims that settled through litigation
For claims that settled under the Guidelines in H1 2022
- the average cost of claims settled Direct before PIAB reduced by 37%, compared to claims settled under the Book of Quantum in 2020
- the average cost of claims settled through PIAB reduced by 35%, compared to claims settled under the Book of Quantum in 2020
- the average cost of claims settled Direct after PIAB reduced by 54%, compared to claims settled under the Book of Quantum in 2020
- there has not been enough litigated claims settled under the Guidelines to assess the impact on the average cost of a claim in this channel