Last Friday, ISME, the Irish Small and Medium Enterprises Association called on the Government to dismantle the Book of Quantum as a basis for settling personal injury (PI) claims. The Association sees the Book of Quantum as a dysfunctional tool, and not fit for purpose in trying to remedy the insurance industry.
This week, we noted with interest the fact that Dorothea Dowling, former chairwomen of the Motor Insurance Advisory Board, has come to the same conclusion, albeit for slightly different reasons. Similarly, this week’s decision by the Court of Appeal to overturn the award of €40,000 set by the High Court to a plaintiff shows that the new compensation guidelines are not consistent with the law of the land.
ISME CEO, Neil McDonnell stated “It is time to face up to the fact that our systems for deciding the value of ‘pain and suffering’ of general damages is totally dysfunctional, and needs to be replaced from scratch. As things stand today, there is no objective, scientific or benchmarked means of assessing general damages.”
“The Association reaffirms its position that Ireland should have a ‘care not cash’ model, which puts rehabilitation of the claimant first”.
“The Government should abolish the Book of Quantum immediately. It’s systematically flawed, and cannot remedy the broken insurance industry. If the Government is unwilling to do this, it must be open and honest with the public, and admit that high insurance costs will remain a fact of life for Irish citizens and businesses”. Concluded McDonnell