How long does an insurer have to reply to a compensation claim?

265 questions have been answered below, why not ask your own?

Settling a claim as quickly as possible is hugely important to all our claimants, especially those suffering the stress of losing income whilst they can’t work. It’s less important to the defendant insurers who have to pay the settlement, and who are trying to minimise the amount paid.

Insurer response times – ‘pre-action protocols’

It will not surprise you to learn that insurers are not always great at acting quickly and often drag their feet at every stage of the claims process. Of course, it is their job to minimise any settlements and pay out as little as possible, and it is our job, and that of our solicitors, to ensure that claims are settled quickly and to their maximum value.

The good news for claimants is that there are legal protocols in place designed to make sure that claims are processed in an expedient manner and help defendant insurers to investigate and settle claims quickly. These timeframes are called ‘pre-action protocols’ and they set a deadline for defendant insurers to respond to claims and carry out their investigations into allegations made against their insured.

The pre-action protocols allow maximum response times for defendant insurers. The times and guidelines can vary depending on the claim type. For example, road accident claims have different protocols to other personal injury claims.

Personal injury protocols

Time limits for personal injury claims allow a maximum response time that is effectively 3 months and 21 days from the date that a claimant’s solicitor has submitted a letter of claim. This usually plays out as follows:

  • Claimant solicitor submits a letter of claim to the third party outlining the specifics of the claim and why they are being held responsible.
  • A response to this must be provided to the claimant solicitor within 21 days.
  • At this point a defendant insurer has a period of 3 months to properly investigate the allegations made in the claim and then respond to the claimant solicitor.
  • After the 3 month period, the insurer’s reply has to state whether or not they admit liability. If there is a denial of liability, the response has to state disclosure evidence that details why they have not admitted liability and what their defence is.

In the rare case where an insurer fails to provide a response within the time allowed, a solicitor will go to the courts to progress the claim.

Road traffic accident protocols

Time limits for road traffic accident claim protocols allow a maximum response time of 15 working days. Such claims are run via the claims portal and work using this method:

  • Claimant solicitor submits a Claim Notification Form (CNF) to the insurers defending the claim. This notification has to provide all of the details and information that a defendant insurer will need to be able to fully investigate the claim and decide upon their view.

When a defendant insurer fails to respond within the 15 working day limit, the claim will then continue via the pre-action personal injury protocol, stated previously.

As you would expect with two opposing parties, there are many issues that can arise during the personal injury claims process that are beyond our control and can slow things down. As each case is different, there is no way of knowing exactly how long it can take to receive compensation. However, what we can do is ensure our claimants aren’t waiting on us for their case to progress.

265 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Laura

    Seeking a personal injury claim. The defendant gave an insurance which may not actually cover me, when asked if she had any other insurances she said that she didn’t. Is there any other way of finding out what cover they actually have (that they may be withholding) or do we need to take their word for it?
    It seems if they’re not covered my case will just be dropped so what is the motive for getting insurance?

    Reply
    • Ian Morris

      Your Solicitor should be able to conduct relevant insurance searches to locate the cover in question. They may also be able to undertake financial reporting on the individual in question and pursue a claim against them directly.

      Reply
  2. Anna

    Hi i had a car accident july last year and made an application for personal injury compensation ..settlement amount was agreed and and original claim with insurance company was over in July 20.. the same time, amount was agreed for settlement with solicitors and papers signed. but i have not received any payment and was told by solicitor dealing with case..when they receive payment from the other side that is when i get payment..and she doesn’t respond to my emails , and when i called i get told “apparently” she is not in office and the other side not responding to their emails any more….
    so my question is what is the protocol in this type of case (both sides )and is there a time scale in which they have to make a payment as amount was already agreed by both sides since end of July 2020. Thank you,
    kind regards.

    Reply
    • Ian Morris

      If settlement was agreed in July, the settlement really should be with your Solicitors by now. They should be chasing receipt of the settlement if they have not already done so.

      Reply
  3. Rozmin

    Hello,
    I wanted to know what can I say at the end of a brief email to accept the compensation offered with the proviso that I could change my mind.
    Could I say something like: I accept your offer with reservations.
    Would that mean I could decide to take this matter further? in the future?
    Thank you in advance

    Reply
    • Ian Morris

      It is unlikely that you would be able to get a defendant insurer to agree to settle your claim without the proviso that it was ‘in full and final settlement’ of the matter.

      Reply
  4. Marie

    If there is no response on liability given in 3 months,can it go to court to enforce and is this expensive??

    Reply
    • Ian Morris

      If a defendant refuses to cooperate and respond, a Solicitor will make further demands to them to engage with the process and issue a further deadline. If the defendant continues to fail to cooperate, a Solicitor will eventually issue proceedings to compel a defendant to engage.

      Reply
  5. fay

    Hi in July I fell through the landing floorboard and put a hole in the ceiling below due to my housing association not repairing the floorboards properly making them unsafe. I broke my toe badly bruised my leg and hyper extended my thumb i have had to have surgery on my thumb and k wire inserted i instructed my solicitors to make a injury claim which they have done do you have any idea how long it takes for the defendants to admit liability ive emailed my solicitor but I never get any reply

    Reply
    • Ian Morris

      The standard protocol in claims for personal injury compensation affords the defendant a period of up to 90 days to ‘investigate’ the claim. They must then return with an admission or denial of liability.

      Reply
  6. Patricia

    My daughter had a accident in 2019 a d the council have accepted liability. 2 weeks ago the Solicitor submitted the amount of compensation the medical expert assessed to cover all the treatment she will need for the next 15yrs . How long will it now take for the council to agree or disagree with the amount?

    Reply
    • Ian Morris

      As liability is admitted, the work on the claim will now be focused on fully understanding the injuries and their long term consequences, future medical or rehabilitation needs and what costs or losses your Daughter and you as her family may incur as a result of her injuries. Much of this will have been accounted for within the medical experts report and the prognosis they have given. A Barrister will have considered the report and given guidance to the Solicitor regarding settlement valuation and the defendant will do the same. The defendant is likely to need 6-8 weeks to consider the claimed amount and is likely to make a lower counter offer and then a negotiation will start.

      Reply
  7. Marco

    Hello

    I had a car accident last January, third party has admitted fault. After my medical record to prove my injuries was sent to third party with the request to come up with an offer to settle, third party came back (after 6 weeks wait) with an offer to settle which is lower than what my solicitor has valued. My solicitor has suggested to initiate court proceedings to push the third party solicitor to make a higher offer which hopefully will be closer to the value my solicitor calculated. Is this normal practice? Why not simply reject the offer and say what we would expect, and if the third party disagrees than you issue court proceedings?

    thank you

    Reply
    • Ian Morris

      Sometimes, the best course of action is to issue proceedings. This can then force the defendant to take swift action to resolve matters before any hearing. Your Solicitor can easily cancel any court action if the defendant makes an appropriate offer.

      Reply
  8. Alexandru Bratucu

    Hi! I am Deliveroo rider. Last night while on delivery a car in front of of me suddenly pulled into a a parking space on the other side of the road without indicating. I had to hit the brakes really hard and fell off onto my hand and broke my wrist. The police came to the scene and took statements from both sides but the driver does not admit any fault. My scooter was also damaged but the driver.s car was not touched as I managed to avoid it.
    My main concern is that I cannot work anymore because the wrist fracture. What would you advise me to do? I have a third part insurance on my bike. Many thanks,
    Alex

    Reply
    • Ian Morris

      You should follow this up with the Police and see if they are willing to take any further action against the other driver. If they do, that would strengthen your claim for damages as the other driver would be seen to be the ‘at fault’ party.

      As things stand, you could seek to make a claim but as neither party appears to be admitting fault, it could be seen as a 50/50 matter.

      Reply
  9. Clive

    I was involved in a no-fault accident and received personal injuries in May 2018. My specialist personal injury solicitor at times leaves me wondering about their efficiency. At one time I was kept waiting for 3 months for an update. The last time I heard from them was 8 weeks ago. They say that they are waiting to hear back from the other side and that there is no set time for them to respond but 21 days is considered to be a reasonable period. It has now been 50 days.
    I would welcome any comments.

    Reply
    • Ian Morris

      Although your frustration is understandable, the cause of the delays/slowness is unlikely to be your Solicitor, but the system and framework in which we have to operate. The Government has previously favoured the insurance/defendant side of the process and created a system that favours their way of work and causes frustration and even desperation on the claimant side.

      Your Solicitor cannot update you if there is no news to report and sadly, they – like you – have to wait months and months for responses. Bear in mind, that the Solicitor will not get paid if you don’t succeed and that the delays in the process hurt them as much as you.

      Reply
  10. Anthony

    Hi, I was knocked down by a car and made a claim against the driver, however after 8 months they have not admitted or denied responsibility, in fact they have not responded at all to my claim. Why would they do this, and how will it proceed?

    Reply
    • Ian Morris

      Have you instructed a specialist personal injury Solicitor to act for you in your claim? If so, they will be able to advise you further and could seek to instigate court action to compel the defendant to cooperate.

      If you have not instructed a Solicitor, you can call us for help on 01225430285. Our Solicitors would be happy to help you with this matter.

      Reply
  11. Bill

    hi, what does it mean when defendant insurance asks for photo id of the claiming party while investigating?

    Reply
    • Ian Morris

      Any person pursuing a claim for personal injury compensation in the UK has to provide proof of identity and address. This is to satisfy money laundering regulations and to help to prevent fraudulent claims.

      Reply
  12. Florian

    My claim finished on Monday. I called them and they said that they would email the Manager to give me a call – but that didn’t happen. I called them Tuesday, Wednesday and again today with the same answer, but no call back. Should I go with a 3rd party?

    Reply
    • Ian Morris

      We would always strongly advise that you instruct an independent specialist personal injury Solicitor to handle your claim against an insurance company. The reason we say this is that having a specialist legal expert acting for you guarantees that your legal rights will be upheld and that any claim is handled correctly and that a defendant insurer is held to account and forced to cooperate within the legal timeframes for handling such matters.

      If you would like our Solicitors to get involved and hold the insurers to account, please call us on 01225430285.

      Reply
  13. Haydn

    Hi, I have full legal cover with my insurance company – Adrian Flux. I was having physiotherapy for the injury of a no fault accident, where a 4×4 drove in to the side of my car. I had 10 sessions of physiotherapy and was told I needed more treatment, but then lockdown came, and over the months my condition has got worse and I believe I have a slipped disc in my neck.

    I have asked the appointed solicitor to ask the 3rd party to organise an MRI scan but I am told this is not possible. I am a driving instructor of nearly 30 years and I’m struggling to do my job with the pain in my neck shoulder and back of the head, I feel that the appointed solicitor is just dotting the i’s and crossing the t’s and not really fighting my corner.

    I have full legal protection on my Adrian Flux insurance, could you get me the treatment I need?

    Reply
    • Ian Morris

      Before you can switch Solicitors to a new company, you should ensure that you have made a formal complaint to your Solicitor via their published complaints procedure. This will afford the Solicitor an opportunity to resolve your concerns and rectify any errors made in the handling of your claim. If you can resolve the situation with the existing Solicitor, that is in your best interests as it will avoid any delay. Also, it is not always straightforward to switch to a new Solicitor due to the cost issue with a new Solicitor having to undertake to cover the costs of the previous Solicitors work at the successful outcome of the claim – and therefore, whether or not the claim is financially viable for a new Solicitor.

      Reply
  14. Tony

    I submitted a personal injury claim for RSI in 2016, my solicitor has not progressed to court proceedings. I am worried that I will be time barred. What are the timescales for injury claims?

    Reply
    • Ian Morris

      A claim for personal injury must be made within 3 years of the date of an injury or in the case of an RSI or industrial injury, 3 years from the date at which symptoms developed (date of knowledge). Whilst your claim started over 3 years ago, it may well have been protected by the actions of your Solicitor and you should of course discuss this with them.

      Reply
  15. Charlotte

    Hi my solicitor has sent off a letter to the third party about the compensation I’m entitled to. They stated they have 21 days to reply but they haven’t got back within this time period. How long is the extension that my soclitor grants for them to reply before they take court proceedings?

    Reply
    • Ian Morris

      Your Solicitor will allow the defendant a reasonable opportunity to respond before they take the matter to court. Whilst it is frustrating as a claimant to see a personal injury claim delayed due to non-cooperation from a defendant, it is important that your side acts reasonably. Therefore, your Solicitor will grant them the initial extension and perhaps one further one before they take the matter to court to compel the defendant to cooperate with you in this claim.

      Reply
  16. Ian

    My solicitor submit my claim to third party on the 17th of May. The third party admitted liability as they rang me to deal with it without using my legal representative now there is no feedback from third party and all lines of communication have ceased

    Reply
    • Ian Morris

      Have you informed your Solicitor that the defendant tried to settle the matter directly with you?

      Reply
  17. Henry

    Injury claim after no fault crash. Third party has 2 overlapping insurance cover for same car. My lawyer having trouble because there are two insurance companies

    Reply
    • Ian Morris

      Your Solicitor will get to the bottom of this and ensure that your claim is processed. However, as you can imagine, the issue with the overlapping insurance could cause a delay in your claim, whilst it is worked out as to whom the claim will be made against or whether both parties share liability.

      Reply
  18. Deanna

    Hi my son had an accident at work in sept 2017 20ft roof trusses fell on him HSE became involved and the local council admitted liability we instructed a solicitor to claim compensation on his behalf he had numerous injuries dislocated shoulder crushed nerves in his elbow a fractured elbow loss of movement in his fingers he has since had an operation to repair the nerve damage which was a success he now has the movement back in his fingers but unfortunately cannot straighten his arm.. The council asked for all the protocol medical reports etc… but we now feel the compensation side of it has been prolonged and dragged out although we have had word from the solicitor that the insurers have accepted the loss of earnings expenses etc..they still haven’t made a compensation offer although the solicitor informed us that the insurance company would be making an offer within the week almost 4 weeks later an offer still hasn’t been made how do we approach the solicitors on instruction to the insurers that we want a settlement offer by a certain date and how much longer should we wait and would he still have a case if we persue the insurers through the court after 3 years of the accident date

    Reply
    • Ian Morris

      Given the severity and number of injuries sustained in this accident, I am not surprised at the length of time the claim has been open for. Whilst I fully appreciate the frustration with the fact that the matter isn’t yet settled, it is really important that the claim is not settled for anything other than the appropriate sum. Your Son can only claim once and has injuries that will be present for ever.

      The sensible course of action would be to follow the Solicitors advice. Await the initial offer from the other side and then compare that to the valuation range counsel has given for the injuries and losses and negotiate from there. As liability is admitted, you could seek an interim settlement whilst negotiating the final appropriate settlement value.

      Reply
  19. David

    Good afternoon

    Do you know the time/stage process on how car crash claims work?

    its been over 6 months since my accident with a foriegn lorry driver (Hit me on the motorway and wrote off my car) and they still havent accepted fault or responded to my solicitors letters

    what advice would you give me on this matter?

    Thanks David

    Reply
    • Ian Morris

      Dealing with overseas insurers in matters of road traffic accident compensation shouldn’t really be any more difficult than dealing with a UK based provider, but the reality is that the process often takes longer and this hasn’t been helped by the current political situation with the UK leaving the EU.

      Has your Solicitor discussed the options available in trying to compel the proposed defendant to cooperate?

      Reply
      • David

        I understand that it is a bit of a long winded journey so far and hasn’t helped with brexit, but the overseas insurers should have a duty to respond.

        The Solicitor has been chasing for a response for a month now but with no luck. He has suggested that he could send a letter to them to appear at court as they haven’t responded within the 6 months, but I can see this being dragged out and seeing them respond at the very last minute.

        Reply
        • Ian Morris

          We fully appreciate your frustration and you are right, they do have a duty to respond. It would seem that your Solicitor is on the case and acting correctly, so bear with them and hopefully things will resolve in due course.

          Reply
  20. Jo

    Hi, I had car accident in February other parties fault and they’ve accepted liability, I settled out and accepted the pre medical offer, however the other drives insurers aren’t responding or paying out. Is there a time limit on how long they have to pay out or a way I can sort this mess as my insurers/case handler isn’t much use
    Thanks

    Reply
    • Ian Morris

      If you had a specialist Solicitor acting for you, they should be ensuring that the appropriate timescales are being adhered to with regards to settlement. As you may expect, things are a little slower than ‘normal’ at the moment due to the Covid situation and offices being closed etc, but notwithstanding such issues, it shouldn’t take too long for a payment to materialise.

      Reply
      • Jo

        Is there a time frame they should adhere to? It’s been over 12 weeks now with no communication at all seems a little long with 4 chasers sent out also?

        Reply
        • Ian Morris

          12 weeks is a long time and could be explained by the Covid situation – but I would have thought your Solicitor should now be threatening court.

          Reply
  21. John

    I was involved in a motorcycle accident 2 years ago and my Solicitors received an offer from the defendant which was not acceptable and my solicitor returned with a counter offer. The other Solicitors have advised that they have a new offer but are waiting on the clients to agree it. I was told my solicitor that they have 21 days to respond and we are now on day 68, I have asked my solicitor to chase them up but they claim that the Company “do not take calls from other solicitors” so has been emailing them but not getting a response. Should I just instruct my solicitor to state Court proceedings as I am mindful that this could be a lengthy process

    Reply
    • Ian Morris

      It would be a sensible move to at least discuss the possibility of issuing proceedings with your Solicitor and seek their advice on whether that is now appropriate.

      Reply
  22. james

    Hi, What happens if both parties continue to deny liability for RTA? How long can this go on? Son had accident in September 2019 where he on his motorbike had filtered to front of traffic lights. Car beside him did not wait for him to start off when lights turned green and while he was still stationary the car caught his leg. He informed his insurance company (Markerstudy) for notification purposes only as other party had no damage but now 10 months later at renewal time we discover that case is still open and is showing my son as at fault and his insurance company has removed his no claims bonus ? We have had no contact from the insurance company that any claim has been made

    Reply
    • Ian Morris

      When your Son reported the incident, the insurers would have noted this as a possible claim as the 3rd party could have approached their insurers to make a claim. If they have not done so, the contact from your Son to report the incident should be closed to indicate that no claim was made. He could then re-establish his No Claims Bonus.

      Reply
  23. Adam

    Last year my wife whilst in her gym stepped onto a treadmill that had been left running at high speed by another gym member who was doing intensive training. He had not barricaded the machine whilst he was doing push ups next to it. Although it has been evidenced by the gym that you can see the treadmill is running due to a white stripe on the belt, but you cannot hear the machine running and at that time the gym was noisy and packed out. My wife stated that the member doing his exercises next to the machine obscured her view of the treadmill so she did not see the moving belt. The gym denies this.

    She was thrown violently off of the treadmill and hit her head and side of her body on the floor. As a result my wife suffered a small spinal injury, whiplash, concussion, cognitive issues, swelling and bruising on various parts of her body. This has since left visible scarring. The gym directly after the incident made her get up off the gym floor and moved her to the in-house cafe and then sent her home with a glass of water and a pat on the back. No emergency services were called as per NHS guidelines for a suspected head/spinal injury.

    As a final year law student myself I worked on my wife’s behalf to seek compensation from the gym. This was for several thousands of pounds, my guide being the Judicial College Guidelines – 2020 Compensation Tables. I wrote a detailed 10 page letter to the gym giving a thorough and detailed account of what happened and why I felt the gym was at least partially liable. I made a claim stating a breach of the gym’s duty of care under the Occupiers Liability Act 1957, Negligence and a breach of Health and Safety.

    The gym sent my letter directly to their public liability insurers. After the standard 90 day waiting time I received an email from their insurers stating the gym had denied liability. I appreciate this is a normal response. The insurers also denied liability and refused to pay out any compensation not even a goodwill gesture. The insurers denied compensation based on no evidence from the gym at all and just took their word for it that they were not liable. The gym stated that there had been no previous accidents of this nature in their gym (I know there has been). There had been adequate risk assessments done (These were evidenced as hand written copies – easily manipulated and backdated. They state sufficient warning on treadmill usage is informed at induction stage (no evidence to back this up) and they stated that the member had barricaded the machine (A lie and no evidence to support this – even though there are CCTV cameras in the gym area).

    I also feel that the insurers have not treated this claim seriously enough and has not conducted a thorough investigation to make a calculated claim of denied liability on their clients behalf. They have just taken their clients word for it with little or no evidence to support this denial and refused compensation point blank.

    I have spoken with a solicitor about this and I am considering on whether it is worth instructing them to fight it legally. However I have heard that most solicitors won’t touch a claim like this once an insurer has denied liability.

    So my questions are:

    Should I pursue the gym for liability using a solicitor? Or should I pursue the member that left the machine running using a solicitor? Or should I pursue both legally as separate cases?

    Secondly should I contact the Ombudsman to investigate whether the insurers sufficiently followed their pre action protocols and investigated my wife’s claim thoroughly enough? I have been through an Ombudsman before and although I won my case I found it to be a waste of time, as they just fob you off with a minimal payout.

    Thank you.

    Reply
    • Ian Morris

      I cannot see how the gym is liable in this matter. There is no obvious way that it could be argued that they should have or could have prevented this accident from happening and whilst the user of the treadmill was not on the machine at the time, he was using it in a way that the gym would have been happy with.

      You may wish to refer this to the ombudsman to see if they concur with you regarding the insurers handling of the matter.

      Reply
  24. Susan

    I have been contacted by my insurers that I caused an accident back in 2017 when I braked and a bus travelling behind me had to also brake and a passenger on that bus was injured. I have no recollection of this as there was no accident just me braking. This is the first time that I have been contacted about the incident and they want an immediate response. There is no postcode or date and time included in this letter as I may be able to prove that I was at work Thank you

    Reply
    • Ian Morris

      The insurers are obviously contacting you because a claim has been made against the bus company and the bus company are saying that their driver was driving correctly and simply applied the brakes to avoid colliding with you. They must have some sort of video evidence from the bus that shows your vehicle number plate – otherwise, how would they be able to prove that you were present?!

      If you had to perform an emergency braking manoeuvre because of another driver, a pedestrian or to avoid a hazard in the road, you were also acting correctly and would not be liable.

      As the bus was following you, it is hard to see how you can be held liable for this incident as the bus driver must always allow sufficient braking distance and as no collision has happened, you probably have nothing to worry about.

      Reply
      • Susan

        Thank you so much I will let you know how it goes

        Reply
        • Ian Morris

          You are welcome.

          Reply
  25. Ellie 29

    I was a passenger in in a car accident in March. Everything has gone in to lock down due to covid since then, so only now am I being offered physiotherapy. The insurance company sent me a pre-proposed claim on what they estimate and asked me to sign it. However, it is full of inaccuracies and false information that I have not said! My medical history cannot have been updated by the GP, yet they have said things like I’ve got no joint problems when I have and never said otherwise!!

    I’ve refused to sign it and I’ve not heard a thing since then from the insurance company. I’ve rang and emailed numerous times. What do I do? What are my rights?

    Reply
    • Ian Morris

      You have done the right thing in refusing to sign a document that is full of inaccuracies. It is vital that only the correct information is submitted when pursuing a claim as any inaccuracies can either lead to a claim being closed due to the discrepancies or a claimant receiving a vastly under valued settlement.

      If you are dealing directly with the insurers, we would strongly recommend that you instruct a specialist Solicitor to take over the handling of your claim on a No Win No Fee basis. You would expect us to suggest this course of action, but the reality is that by having a specialist Solicitor acting on your behalf will ensure that your rights are properly upheld and that your claim is handled correctly and in your best interests. With a No Win No Fee Solicitor, you won’t be at risk of paying costs should your claim fail and although you would have to contribute up to 25% of any awarded settlement towards the costs of the claim if you won, the likelihood is that a specialist Solicitor will ensure a higher settlement than you would otherwise achieve if you represented yourself.

      If you would like to speak with one of our specialist Solicitors and obtain their advice regarding your situation (which you can do BEFORE you have to agree to sign up with them/us), please call our team on 01225430285 so that we can take some initial information and then get one of our specialist Solicitors to contact you to discuss your case in detail. Alternatively, if you would like to liaise directly with me by email, please contact me at ian@direct2compensation.co.uk

      Reply
  26. Jehan

    Can a case handler gives you less money by hiding the actual quote which was offered in full settlement by the defendant insurer? How can i see a proof of actual settlement other than my case hadler?

    I was involved in car accident, liability accepted. What i believe my case handler is showing me less quote than what is offered by defendant company.

    Reply
    • Ian Morris

      What you are alleging is fraud, a serious crime that would see someone found guilty of it facing a lengthy custodial prison sentence. Solicitors and legal firms acting within the personal injury claims sector in the UK are heavily regulated and must always act in the best interests of the client. Therefore, the prospect of someone working on a claim attempting to ‘steal’ money from a claimant is extremely small.

      If you are concerned that you may have been the victim of fraud, you should do two things immediately. Make a formal complaint to the Solicitors acting on your claim (see their website for details) and contact the Police.

      Reply
  27. Katy

    I was involved in an accident, third party went into the side of my friends car. I was passenger, I suffered from whiplash, the third party insurance company have admitted liability to damage. But still no response to my personal injury claim, accident was august 2018.

    My solicitors issues court proceeding, and due to go to court next month.

    Is this common practice for personal injury claims?

    Reply
    • Ian Morris

      It is not common for a claim of the nature you describe to go to court – unless it is to reach a judgement on appropriate claim valuation. In your case, as your Solicitor is willing to issue the matter indicates that you appear to have a very robust case and hopefully, your Solicitors actions will be sufficient to get this matter moving in your favour.

      Reply
      • Katy

        Many thanks for your prompt response. The third parties insurers / solicitors haven’t even responded to any of my solicitors letters. Have you heard of this before?

        I guess that’s why insurance premiums are so high.

        Thanks

        Reply
        • Ian Morris

          On some occasions, a defendant insurer will not cooperate, but this is unusual. The court action your Solicitor has started has been done to compel the defendant to cooperate.

          Reply
  28. Jan

    Hello,
    Someone went into the back of me. There was slight damage to car nothing terrible I had a hire car for the day while the scratches got repaired. I attended a and e immediately as I was in shock I suffered whiplash, was signed off work for a week, and had five physio sessions which I have to do exercises. Insurance has physio and a and e notes and now needs gp records but I feel a bit uneasy sending my whole life file to someone when I don’t seem to be getting anywhere as it is? The other side is are adamant saying I was not injured, there not accepting liability, they have not paid for damages to the car. The case hasn’t moved since over a year. What do I do I don’t feel like I am winning ?

    Reply
    • Ian Morris

      It is hard to see how the defendant can deny liability for the damage to your vehicle. Even if the damage was slight, their insured has collided with the rear of your vehicle and they are therefore liable for the damage or loss caused.

      With regards to the injury side of things, you have nothing to fear in releasing your medical records unless you are being dishonest (which is not the case). However, even though the defendant will have to admit liability for the accident and damage to your car, they may be able to argue successfully that the force of the collision was too slight to be consistent with the injuries you have reported. This is not to say that you are lying or misleading them, but the insurance sector has been fighting hard for a long time to get the government to make it easier for them to get out of compensating for injury in incidents of ‘low velocity impact’ or LVI.

      Reply
  29. jane

    Someone crashed into me almost 6 months ago and when I spoke with his and my insurance companies they both said he was at fault. Now all of a sudden my insurance company have asked me to complete a report so they can decide who is at fault. I did not make a claim as the damage repair was less than my excess but did enquire about it but heard nothing back. the crash was on November 25th 2019. Can they now chase after me?

    Reply
    • Ian Morris

      Although your concerns are understandable, you should not worry. The best thing to do is to complete the report that your insurers have sent to you and ensure that your version of events remains consistent with the initial report you provided to your insurers back at the time of the accident.

      Reply
  30. Graham

    Is time spent dealing with a claim considered an uninsured loss?

    Specifically can I claim for my time spent waiting in for my car to be delivered after repairs? It was a day off so have not lost any wages

    Reply
    • Ian Morris

      It can be possible to claim time spent as an uninsured loss. It really depends on the policy being claimed against and the nature of the claim you are making.

      Reply
  31. John

    I’ve had a fraudulent claim made against my van insurance.
    Direct Line claim to written to me on 3 occasions. I’ve not received.
    Their own records only show 2 letters.
    What’s is the protocol in regards to contacting me?
    Apparently they don’t have to email or phone

    Reply
    • Ian Morris

      If you believe that a fraudulent claim has been made, you should inform your own insurers immediately and if you find that the insurers are not being supportive or helpful, you can escalate a complaint to the insurance ombudsman service.

      Reply
  32. T

    I am still waiting for the 3rd party to respond, with regards to liability. Accident was in June 2019, and I have had 2 MRI’s on a slipped disc of C3-C5 of my back, and have been on different types of pain medication ever since, along with numerous visits to A&E, and physiotherapy. My solicitor (No win no fee) first approached 3rd part insurers in December 2019, and till this date (28 May 2020), 3rd party have not responded. I was a passenger in the vehicle of the insured, when he caused an accident with a lorry. I have recordings of him admitting fault to a friend on the phone shortly after the accident, and also pictures of the damage caused to his vehicle. Any advice please?

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you in this matter? If not, please call us immediately on 01225430285 so that we can help you with your claim.

      If you do have a Solicitor, please ensure that they have a copy of the recording you mention.

      Reply
  33. Mercedes de Dunewic

    My solicitor took my case in October last and got all the paperwork including insurers details etc. However, in early March he said that he didn’t think it was worth going on with the case and said that if I got another solicitor to take the case I would have to pay my original solicitor for any work he had done.

    At no time did he tell me the case wasn’t going well. I asked for updates but never got any and was sent back my evidence and told to keep it safe.
    Since then I’ve asked for my paperwork back and didn’t sign for it to be returned as twice they sent me a letter with the wrong date on which the event started.

    What can I do? Surely my solicitor should have told me before 6 months went by that he couldn’t pursue it and I’m still waiting on my paperwork to be returned send they keep putting the wrong year on it.

    Reply
    • Ian Morris

      The fact that your Solicitor has changed their view of your claim after 5 months of working on it is not unusual. It is probably likely that the defendant has mounted a robust defence and your Solicitor feels that there is insufficient evidence to overturn the defence. Therefore, closing the claim is the sensible move.

      In terms of seeking a new Solicitor, you can do that. As your Solicitor says, if a new Solicitor is to take on the case, they will need to give an undertaking to cover any lien costs already incurred by your previous Solicitor. This is common practice in No Win No Fee matters if a client switches Solicitor or a new Solicitor takes over the claim. However, without any new evidence it is unlikely a new Solicitor would wish to take on the claim.

      You could complain to your Solicitor regarding their handling of your claim and depending on the outcome of that, escalate the complaint to the legal ombudsman?

      Reply
      • Mercedes de Dunewic

        Hello re my case dropped with no further action after 5 months.

        I asked for my medical files and the case file and after sending me an
        e-sign Document to get return of my documents etc twice both times with the wrong date of the case on them, ie 2019 instead of 2018, the solicitors finally sent my paperwork.
        I was horrified when I went through the case file to see that they had never contacted the other side, nor their insurers. This was borne out by my contacting the insurers who apologised as they thought I had dropped my complaint since I hadn’t contacted them. I asked if they had been contacted by a solicitor and they said no, no contact whatsoever.
        So, it actually looks like they did nothing., as there is nothing in writing showing any contact whatsoever. No action and no excuse.
        Unbelievable!!!

        Reply
        • Ian Morris

          That certainly does not sound like the kind of service that a qualified Solicitor should be providing. It would seem that formal complaint to the firm in question is warranted.

          Reply
  34. Karen

    Claimed on my injury claim for road accident they reached a settlement and was told they waiting on payment which can take between 6 to 8 weeks to get the money, it move over 8 weeks they are still saying there waiting for money from other side what can I do?

    Reply
    • Ian Morris

      The settlement process does usually mean that from the date of acceptance of an offer, it can be between 5-8 weeks for settlement to arrive. It can often be quicker, but usually not. However, in the current climate with regards to the disruption to office work with remote working etc caused by the Covid-19 outbreak, processes can be delayed. No doubt your Solicitor is chasing settlement and it will likely arrive soon. Should your Solicitor reach the view that the defendant is taking an unreasonable time, they may take further steps to force settlement. The best course of action is to liaise in a supportive way with your instructed Solicitor.

      Reply
  35. Mike

    Had accident last year, 3rd party accepted liability but not willing to pay injury valuation fee. They offered way too less. My solicitor said take it to court, need advice?

    Reply
    • Ian Morris

      The fact that an offer has been made is a good sign. Clearly, the defendant understands that they need to settle the claim and are liable. There low offer of settlement is, whilst frustrating, normal and understandable. They wish to settle the claim at the lowest possible value and you wish them to settle at the highest possible value. Given that their offer seems derisory, your Solicitor is clearly of the view that a Judge will not look upon them kindly and is likely to award you a much higher settlement. By seeking to go to court for judgement on settlement it puts the defendant in a quandary. Do they refuse to make a more sensible offer and be dragged before a Judge who may award the full valuation and full court costs against them, or do they make an improved offer that is either the full valuation or close enough to be reasonable and fair and not risk the court costs.

      If your Solicitor wants to take it to court, our view is that the best course of action is to follow their advice.

      Reply
      • Charlotte

        I was involved in an accident in April of 2017 where I was stopped at a red light and a car got from behind, I have had quite a severe injury from this. Since then my solicitors have really dragged their feet, changed people dealing with it 3 times. Sent for medical records multiple times as they’d previously lost them. Now I’m finally in a position where everything is valued and they’re submitting this to the third party insurance. This was on the 1st of May, I have not heard anything from my solicitor since despite emailing for clarification. Can you explain what I can expect to happen next and roughly how long it should all take.

        Reply
        • Ian Morris

          Notwithstanding the frustrations you (rightly) have regarding the handling of your claim, you do need to consider the impact of the current Coronavirus restrictions on business and office work regarding the latest issue you cite.

          In normal circumstances, if your Solicitor has reached and evidenced an appropriate settlement valuation and submitted the same to the defendants, you would expect a response within 4-6 weeks (perhaps sooner). The response could be an acceptance of the valuation, a counter offer or even a refusal to settle and the matter would then go to court.

          In the current situation, many offices are closed with staff working remotely and this is causing an understandable delay. I would suggest that you again contact your Solicitors and request an update from them within 7 or 14 days and an explanation of the current situation.

          Reply
  36. Ali

    I had an Accident opponent accept liability can you explain why they would ignore an offer my solicitor made but agreed an a extension on limitation with still not reply regarding the offer

    Reply
    • Ian Morris

      It is likely that they are not yet in a position to agree to or decline the offer, they can extend limitation to enable both your side and their side to seek to reach an amicable settlement.

      Your Solicitor clearly has a point of view on the appropriate level of damages, but the defendant is not yet ready to comment on it.

      Reply
  37. Mick

    Following the great information you previously gave me, I am pleased to say that my case has moved forward. However, I have now now hit a another stumbling block re my medical notes.

    I received a copy & noticed a lot of inaccuracies, such as an operation I have never had, broken bones & also physiotherapy – none of which I have had! Worryingly it also states that I missed an x-ray & also a CT scan. I now believe I received the wrong treatment regarding my hand injury & this has caused permanent damage. I’ve asked for proof of the missed appointments now since December 2019. Hence I filed a complaint. They have not got back to me on this, their guidelines state they have 20 days. The complaint was made on 4th Feb ‘20.

    Is there legal action I can take as my medical notes are in a mess?

    Reply
    • Ian Morris

      It is good that you have noticed the inaccuracies on your medical records and these mistakes need to be corrected at the earliest opportunity. This is clearly a matter that you need to discuss urgently with both your GP and also your Solicitor.

      Given the apparent discrepancies in your medical notes, your Solicitor will need to be made aware of them so that they can prepare to counter any negative consequences that the defendants may attempt to bring to weaken your claim. You need to arrange an urgent telephone discussion with your GP and ask for their help in getting to the bottom of why your notes include details of treatments you say you have never had. You have also done the right thing in filing a complaint to the relevant authority regarding this issue. Although they state a 20 day turn around period, it is likely that this would be 20 working days and although more than that has passed since early February, the current Covid-19 situation will no doubt mean that any published timescales won’t be kept to.

      In terms of legal action, you may be able to pursue a claim against the Health Service for their errors in incorrectly listing treatments that you have had. However, this would not be a personal injury matter so it is not something that we could really advise as to how you should go about it. It may be sensible to make contact with a clinical negligence specialist Solicitor to ask them for some guidance.

      Reply
  38. Paul

    Dear Ian,

    I am currently insured with One Call Insurance. In July of 2019, I had a RTA which involved another vehicle whilst I was stationary. Fortunately, there was a witness who was happy to provide a statement. However, the whole service has been appalling. Now 8 months on, after constant chasing, they have contacted me to say they are no longer continuing with my claim as the third party are unresponsive. They state that ‘we cannot proceed forward any further without having costs to pursue’. Could you provide any clarity as to where I stand here? I’m left with a damaged car and an insurance company that seem to be happy to take your money but not proceed with a standard claim. I’m confused, at this time, what the purpose of being insured with them is.

    Thank you in advance for any guidance you can offer.

    Reply
    • Ian Morris

      May I suggest that you email some further details to me so that I can pass this matter to one of our Road Traffic Accident specialist Solicitors? On the basis of your description of the situation, there would appear to be no reason for the claim to be simply ‘dropped’, so we would want to investigate this further for you.

      Please email me at ian@direct2compensation.co.uk so that we can look in to this further for you.

      Reply
  39. Georges

    Our own insurer solicitor dragging my claim.
    I had an accident on the 28th of August 2019 we fill an accident form and our car was a write-off, our insurer picked up the vehicle at our home.
    We received a payment for our car and purchased a new one.
    We had an injury claim for ourselves and 4 children’s. Me and my partner had physiotherapy but they neglected my kids. We also to this date didn’t received our excess back. Our lawyer given by our insurer still haven’t confirmed the third party story of events or even disclosed the third party name or policy number.
    He pretend that our injury claim is challenged but never answer to who and what is the story. In some letter he said the third party remain untraced and in others letters he said the third party does not accept liability
    and so on.
    I suspect my insurer to drag this on to stop our claim to the MIB . why we still don’t know who is the 3rd party or name or they side of events???
    I strongly believe the car that hit us was stolen as it was a hit and run. I had to chase the vehicle after the accident and recorded the chase to get the plate number then I left it,stop to call the police at the time.
    I contacted the same lawyer many time and asking the same question but he simply respond with a lots of silly answer not actual fact.
    I understand that there is a time delay to claim if the vehicle that collided with us is uninsured. I need advice to lunch a claim asap before this time scale.
    Regards

    The accident happened on the A2 near Blackwall tunnel before Blackheath exit. So in London!

    Reply
    • Ian Morris

      I am pleased that we have now spoken with you regarding your situation and the nature of the way your claim has been handled. Our Solicitors are now considering this matter for you and will advise you further.

      Reply
  40. Daniel

    Hello…
    I have accepted offer from my solicitor, physio is completed. The other driver had admitted liability. My solicitor has now sent my claim offer to the to other side and it says they have 21 days to respond. What happens after they respond?

    Reply
    • Ian Morris

      Once the other side have responded, your Solicitor will be able to advise you as to whether the 3rd party have agreed with the settlement offer your Solicitor has made. Obviously, if they accept the offer, payment will follow – usually within 21 days. If they refuse to pay the suggested settlement, your Solicitor will liaise with you as to whether you should accept a lower offer (if that is felt reasonable), or if you should refuse to accept such an offer and take the matter to a court hearing so that an independent Judge can award the settlement for your claim.

      Reply
  41. Lawrence manning

    Accident at work insurance admit liability it’s 2 years 20 month and still no compensation, solicitor not very good, sent all evidence to insurer 1 month ago, waiting for offer. My solicitor contacted them yesterday and they say they have backlog, if it goes over the 3 years will my claim be still valid?

    Reply
    • Ian Morris

      You need to check with your Solicitor as to whether the claim has been issued and is therefore protected from the 3 year issue – in normal circumstances you should be fine in this scenario.

      Reply
  42. Behzad

    I had an accident on 20 May 2019. My Solicitor now says that after declining the defendants first offer and taking the matter to court, the compensation settlement offer is nearly £1200 less than the first offer! I don’t get it? can you help me understand?

    Reply
    • Ian Morris

      If we have understood correctly, it would appear that after refusing the defendants previous offer, you have handed the decision on an appropriate settlement to the courts and allowed a Judge to decide what compensation you should receive.

      It is unfortunate if it is the case that the Judge has favoured the defendant and awarded you an offer that is over £1000 less than the one you rejected. If we are correct in our understanding, as a Judge has decided this award, you are very limited in your options. Whilst you could risk appealing the Judgement, the likelihood is that your Solicitors No Win No Fee agreement will not cover you for the work needed in such an appeal and the risks are that you would get the same outcome of Judgement of award on appeal and face additional court costs – thus losing further damages.

      Reply
  43. Tracy

    Was involved in a crash last June made a claim for myself son and partner at the time. Had physio. Attended medical then after a few week it came bk Third party denied liability And was no way claim could proceed. I was instructed to claim off my partners insurance as me and my son was still innocents so I did this last week
    What is the process now how long will I wait to get an offer Will this be fast tracked as they already have all details from when we was to proceed to claim from third party ?

    Reply
    • Ian Morris

      Are you pursuing your claim via a Solicitor or directly with the insurers? If you are not using a specialist personal injury Solicitor, we would strongly advise that you instruct a specialist to represent you – such as the Solicitors we work with. Having a specialist Solicitor representing you in your claims for compensation will ensure that your legal rights are properly upheld and that any settlement award made to you if successful with your claim appropriately compensates you for the injuries, losses and medical costs incurred as a result of the accident.

      Reply
  44. Dylan

    Been in a collision and both parties are insured through the same company, my car has been repaired and returned to me but the insurance company havent contacted me since to give me an update or asked me to pay the excess on my insurance, is there a time limit of when they can collect if from me?

    Reply
    • Ian Morris

      The timescale issue with your excess will be a matter for your insurers and should be noted in the small print of your policy.

      With regards to your accident, if you were the non-fault party and were injured in the incident, we could help you to pursue a claim for personal injury compensation and it may be possible to recover any excess if successful with the claim. If you need any further help, please call us on 01225430285.

      Reply
  45. Kizzy

    Hi. My partner and I were in involved in a crash. Not our fault, the other guy went into the back of us while we were stopped at lights. He kept apologising saying he was at fault, he was bending down to pick something up etc. To cut a long story short, both my partner and I had whiplash / neck sprain. We claimed for whiplash.
    The guy’s insurers have come back and said they admit full liability regarding my partner’s claim (he was driving) but need 3 months extra to investigate my claim before they decide on liability.
    My solicitor has asked if the defendant actually saw me in the car, did he talk to me etc.
    I sent her photos with date and timestamp showing me at the scene as my partner took photos of the damage.
    I asked if this means he’s claiming I wasn’t there, but she said at this time no allegations have been made, but it’s strange that they admit liability for my partner and not me. Why could this be? I have nothing to hide, have all the medical evidence and I’m sure there is even CCTV on the road where he went into the back of us.

    Reply
    • Ian Morris

      Don’t worry – although I totally understand your frustration, this is simply a case of the defendant insurers asking for ‘proof’ that you were present or for time to make further investigations. Given the evidence you have been able to provide to your Solicitor, it would appear that you have nothing to worry about.

      Reply
  46. Stephanie

    I received a letter of claim (personal injury) and contacted my insurers to log the claim and asking them to take represent me at this case. I have not been able to find the right department or to file the claim/send the insurance the letter of claim. I keep being redirected from a department to another department, with the promise to call me back (but no-one did). A response should be given to the Claimant’s solicitors in 21day, and 10 days have already passed. Can I reply to the letter of claim and provide the address of insurers and the policy number, for them to follow up?

    Reply
    • Ian Morris

      It would certainly be a good idea to take that step.

      Reply
  47. Aaron

    On the 8th of April 2017 I had an accident at work. I worked as a baggage handler at an airport in London. My case is still ongoing and it’s coming up to 3 years since the accident. I would like to know why the claim is taking so long? I am also still receiving treatment at the Hospital eye clinic to this day.

    Reply
    • Ian Morris

      One of the reasons that your claim remains ongoing could well be the fact that you have not fully recovered and you continue to receive medical treatment. This issue could mean that the long term situation regarding your recovery is not fully understood. If a Solicitor does not know whether or not you will fully recover, they would not wish to settle your claim as the risk of agreeing an undervalued settlement would be high.

      Another reason for the claim continuing to rumble on could be that a defendant hasn’t admitted liability. Do you know if they have admitted or denied liability?

      Reply
      • Aaron

        Hi there. So the update is my eyes have recovered thank God but the nerves around my eyes are damaged. So my eye hospital doctor is having a meeting with my local doctor for treatment new. My claim was put to court before the time frame had run out which I was worried about. Now awaiting to hear back from solicitors. Iv been told that I should wear glasses my mum had to buy from America for the meantime. I’m having counselling for what happened 3 years ago still to this day. Really don’t no what else to do

        Reply
        • Ian Morris

          Given the serious consequences that the damage to your eyes is having, it is no surprise that your claim is ongoing. No doubt you have discussed the current situation with your Solicitor and sought an update from them?

          Reply
  48. Tom

    Hi There,

    If papers have been served on an insurance company, do they need to provide a defense within a certain time frame, or can they request an extension?

    Reply
    • Ian Morris

      Defendants will work within a prescribed time frame – your Solicitor can advise you on those. However, a defendant can also request an extension should they need additional time to investigate anything. As long as any extension request is reasonable and the extended time requested is not excessive, a Solicitor and claimant should allow the extension.

      Reply
  49. Robert

    Hi Ian,

    I’d like to ask you two questions about delay in compensation payment. I had a road accident and had to undergo physiotherapy. The treatment was completed and my solicitor ( YourLaw) negotiated compensation. It was settled on 30. October last year. My solicitor emailed me that the Third Party Insurer had to issue the payment before 20. November. I was assured wouldn’t it have been paid by then, my solicitor would chase it. I didn’t receive any notification from the solicitor about a delay. I contacted them on 4 December and reported no money was paid into my account. The solicitor called me today and confirmed, they received the compensation. It’s been 2 months since the compensation should be paid. Is the insurer responsible to pay interest or pay a fee for not complying with the time frame? Because the Third Party insurer declined two offers and I settled for a lower amount, I wanted to invest it into an Investment ISA. I was able to open one using my available funds on 15 December. Can I claim the profit my funds would have returned, if I did receive the compensation on time?

    Reply
    • Ian Morris

      Firstly, you need to establish whether the delay in you receiving your settlement was caused by the defendant delaying payment unduly or whether your Solicitor had received the funds but failed to pass them to you.

      Whilst the delay you cite is clearly frustrating, it is unlikely to be seen as something for which you could seek further damages.

      Reply
  50. Anon

    My partner had the worst luck in the space of 7 days. RTC and a head injury at work. This happened in January 2014! Still nothing has been settled. Should we be concerned and can we do something about their negligence on handling his claim?

    Reply
    • Ian Morris

      Whilst many years have passed since the claim would have been commenced, it can be the case that such matters can take many years – especially if the severity of the injury sustained is substantial.

      If you are not happy (or if you are concerned) you should discuss the concerns with the Solicitor acting for you. You can also complain to them should you feel it justifiable to do so.

      Reply
  51. Jackie

    In December 2018 my fathers’ humerus was fractured by patient transport. The transport company have admitted negligence and the driver was sacked. My father has commenced a personal injury claim but unfortunately despite the company admitting liability in June it seems to be taking a long time to settle. My father is terminally ill , he experienced a lot of pain from the fracture and six months in hospital. He now also need double handed care to mobilise. Unfortunately it seems to be taking the solicitors ages to take things forward. For example we provided a schedule of costs in August but these weren’t sent on to the insurers, it took them nearly five months to appoint medical experts etc. Not having done anything like this before we wondered is this normal /does it just take a long time or could things be speeded up? We really would like my father to receive some compensation whilst he is alive for all that he has gone through and are worried that at this rate it simple won’t happen. Grateful for any advice. Thank you.

    Reply
    • Ian Morris

      If you have not already done so, you could consider making a formal complaint to your Solicitors regarding the apparent delays in acting on instructions and pursuing the claim.

      You can find the details of their complaints procedure and how it works on the Solicitors website.

      Reply
  52. Marie

    Hi I have a accident claim for whiplash when a car collided with the bus I was on and unfortunately the driver drove off, police was called by bus company as so far no one was found and police getting back are a nuisance, it has been 11 months now, my solicitor has submitted my claim to mib, what sort of time frame or outcome do you think I’m looking at?

    Reply
    • Ian Morris

      A claim with the MIB is likely to be completed in a timeframe of circa 6-18 months.

      Reply
  53. Mick

    3 questions Ian

    1. One year on from a non fault accident. Should I have been offered alternative transport / offer to repair m/bike / replace m/bike

    2. Would I get paid for the damaged bike along with my injury comp? Or should this be separate as I’m lead to believe.

    3. After the at fault driver has been charged by the police & prosecuted with careless driving / can he continue to make allegations regarding my driving without any facts to back the gear up.

    I believe at this time the solicitor seems to be very lenient with this insurance firm.

    Reply
    • Ian Morris

      If liability is not disputed (that is if the defendant insurers have admitted liability), your damaged motorbike should have been repaired or replaced.

      The motorbike and personal injury settlements are separate and in a claim, you should recover compensation for the injuries sustained and the impact that the injuries have had, continue to have and will have going forward. You should also be entitled to recover all incurred costs and recover losses (including damage to personal items) separately.

      The defendant driver can make whatever allegations they wish. However, without evidence to back them up they are simply wasting time. However, you must remember that a Police charge is not a prosecution, so if the defendant has not yet been found guilty, they are not guilty. However, as the Police have charged the driver, it does make it difficult for them to wriggle out of liability.

      Reply
      • Mick

        Thank you Ian for your speedy reply. That clears a lot of things up for me.
        I understand ‘primary liability’ has been accepted.
        Therefore that means I can now push to have my motorcycle repaired/replaced?
        The injury claim is separate from this & will be ongoing.
        Thanks for your help, it’s been very much appreciated.

        Regards,
        Mick.

        Reply
        • Ian Morris

          Best of luck with your claim!

          Reply
  54. Barry

    Hi Ian,
    Currently the defendant insures are not responding to liability to my solicitors.. All the protocols deadlines have been gone along with another month extension before a PAD application will be made which they are sitting back on.
    The defendant insures has supplied some documentation of disclosure but are holding on to one relevant document which my solicitor has asked for, and now are not giving them any deadlines to them.
    I feel my solicitor has backed off and isn’t forcing the issue of liability.
    It’s gone into six months which is a clear cut case with HSE who are currently investigating my employer to put safe guards in at work to prevent similar injury accidents from happening.
    I’m at a crossroads where I feel I’d be better of taking on my employer myself with all the evidence I’ve accumulated or to change solicitors.

    Please advise me.

    Thanks

    Barry

    Reply
    • Ian Morris

      Before you do switch Solicitors, you should make sure that your employer is formally aware of your concerns. Therefore, we would suggest that you write to the Solicitor outlining your frustration and ask them to provide a clear plan of action in terms of pursuing the defendant. If the Solicitor is then unable to satisfy your concerns, you could seek to switch to a new Solicitor to represent you in your claim.

      Reply
  55. Jarlath

    Hi Ian

    Thank you for your reply

    My solicitor said the defendants solicitor told him the reason for the delay is because there has been a change in personel at the defendant solicitor clients office. Is there anything I could get my solicitor to do to hurry the process up or what would you advise?

    Reply
    • Ian Morris

      So long as the defendants are not acting unreasonably, there is little that you can do. However, whilst a change of personnel may explain a delay, it would not be reasonable for such a delay to be very long.

      You should ask your Solicitor to chase and press them regularly.

      Reply
  56. Jarlath

    My solicitor settled my personal injuries claim and told me I would receive my settlement cheque within 4 weeks. It is now 11 weeks and still no sign. Is there anything I can do to hurry this up?

    Reply
    • Ian Morris

      What is your Solicitor saying has caused the delay? In most cases, it is the case that settlement will arrive in quick time, but on rare occasions a defendant will be slow in releasing payment.

      Reply
  57. Darren

    I was involved in a accident at work in June 2019 in which I was involved in a head in collision with a stacker truck due to a colleague’s horseplay/failing to adhere to health and safety.

    The employee was dismissed after the incident.

    I instructed a solicitor to start a personal injury claim and my employer’s liability insurance received the initial letter around 5th July 2019.

    My solicitor has not had any response apart from the 1st reply stating they are the correct insurer’s etc.

    Each time I ask for an update my solicitor says they are awaiting liability decision still.

    This was almost 5 months ago, I assume my solicitor should have issued a further deadline to the insurers?

    If my solicitor hasn’t issued a deadline yet can I change solicitors?

    As I feel I am not getting anywhere with this claim and have been left with a bad nerve injury and rare condition because of the accident.

    Thanks

    Reply
    • Ian Morris

      You can of course switch Solicitors, but before you do so you should ensure that your current Solicitor is made aware of your concerns and that you are considering switching the claim. It is most likely that your Solicitor is acting correctly and that the ‘delay’ is being caused by the defendant insurers.

      When a claim is submitted to a defendant insurer, the insurer has 21 working days to ‘acknowledge’ receipt of the claim and confirm whether or not they are the insurers. From that date, they then have a further period of almost 4 months to ‘investigate’ the claim before they will respond with an admission or denial of liability. Whilst most insurers do respond at the deadline (they are rarely early!), they can miss the deadline. Typically, a Solicitor will allow them a further agreed extension of a month or two. If that is then missed, they may issue proceedings to force them to respond.

      You should ask your Solicitor to confirm to you (in writing) what is happening and what action they have taken to press the defendant insurers to cooperate.

      Reply
  58. Joe W

    Hi
    I was a lead vehicle in a multiple car accident on the M62 Jan 2019. I stopped in traffic and was then hit from behind by 5 other vehicles, I was fully comprehensively insured so after a few issues my written off vehicle value was paid to me less my excess (my insurance refused to pay) as all other parties were and to the best of my knowledge are still disputing liability, i have a claim for my injuries sorry to place my question in such a manner but
    1, how or why can my insurance withhold my excess when I am the only party not at fault?
    2. How long can the other parties legally dispute liability for my injuries (I accept others my have been injured) as I am the only party clearly not at fault as I was stationary.
    3. Where can I find the legislation regarding this protocol?
    4. The accident was at 6.30am why would the police not have breathalysed anyone and why was no one charged with reckless driving, undue care and attention?
    Thank you

    Reply
    • Ian Morris

      Insurance excess is not always something that can be recovered and in the scenario you describe, where liability is not yet confirmed as accepted (although it is hard to understand why!), you would likely only be able to recover that at that stage.
      In most cases when a claim for personal injury is made, a decision on accepting or denying liability is reached after 4 months or so from the date of the submission of the claim. Of course, in some cases it can take longer for a defendant to reach a view.

      If the collision in which you were involved as a stationary motorist was deemed to be a low speed incident or low velocity impact (LVI) an insurer may admit liability for the accident but deny that the collision would have caused injury. However, as you were on a Motorway, it is hard to imagine that the incident was a low speed matter. Finally, as for the Police opting against breathalyser tests on those involved in the incident, it is impossible for us to say as in most cases it is standard protocol for the Police to conduct such road side tests if they attend the scene of a collision.

      If you have a Solicitor acting for you in your personal injury claim, you should discuss these issues with them and ask if they have issued proceedings against the defendants to force a decision on liability and therefore progressing your personal injury claim.

      If you do not have a specialist Solicitor acting for you, you may wish to consider instructing such an expert. You would be able to do so on a No Win No Fee basis and it is likely that their expertise would be of great benefit and would see you able to leave the worry about the claim to them. If you need any help with finding a specialist Solicitor, please do not hesitate to contact us.

      Reply
  59. Natalie

    Hi,
    After an accident in June ‘19. I have just been told that the other party ( a London bus company) have agreed to pay for my cars damage. They were at fault, but have done so ‘without prejudice’. I have my own personal injury solicitor who I have advised of this. Does this make her job easier, as in are they likely to pay out for my personal injury too. My injury was a sprained hip requiring physio and three weeks off work. If so, what would be the likely timescale from agreeing to pay for damages to the vehicle to settling my personal injury claim? Also, when liability is not accepted and paid ‘without prejudice’ do these payouts tend to be less ? My PI solicitor says she is preparing a report to send to them. I’m guessing this is her view on the claims worth after receiving the independent medical report? Or what report would she likely mean regards Natalie

    Reply
    • Ian Morris

      The acceptance of liability for the damage to your car should benefit you in terms of a claim for personal injury compensation. The bus company would not be paying for the damage to your vehicle if they were of the view that they were not liable.

      The Solicitor acting for you is likely to be sending the prognosis of injury and recovery from the medical expert you have seen to the defendant in order to begin the process of negotiating a fair settlement for the injuries you have sustained.

      Reply
  60. kerry

    I was taken off the road by an uninsured driver in July 2018. My claim has finally been settled (on 18/10/2019) as the MIB made me a good offer.
    How long do they have to issue payment? My solicitor is chasing it, but I wondered if there was a time scale?

    Reply
    • Ian Morris

      Typically, once settlement is agreed and a signed acceptance of the offered settlement is received, the MIB are relatively speedy in making settlement and one would expect that to be within a month or so of them receiving your signed acceptance. Therefore, the timescales you mention seem reasonable and we would expect you to receive your settlement anytime soon.

      Reply
  61. Gareth

    Hello, i had a car accident in feb 19. I made a personal injury claim for which i had 11 weeks of physio for for a back injury. This was completed in around jul 19. The claim company (irwin mitchell) then submitted everything to the other party who had admitted liability.
    An offer was made on the 10th of oct which i accepted. To date all i’m getting from the claim company is, we’re waiting on a cheque from the insurers. The offer was accepted 6 weeks ago now. How can it take 6 weeks to send me a cheque? I’m concerned i’m just getting fobbed off all the time with a different excuse and i’m having to chase this myself week to week now as they do not communicate with me at all.
    The last i heard was that they would be taking the insurers to court as of friday the 15th oct as they have no settlement cheque which will now probably delay things by several months.
    Is there anything i can do? This is becoming so stressful now after being left with an uncomfortable back injury and severely out of pocket from a written off car.
    Many thanks
    Gareth

    Reply
    • Ian Morris

      Whilst you have every right to feel frustrated, the main problem here is the defendant failing to settle your claim to your instructed representatives. Although your Solicitors should have been updating you and keeping you in the loop, they appear to be acting correctly and may well have to issue proceedings to obtain your settlement.

      Reply
  62. Nikki H

    I have an ongoing claim with my previous employers due to an injury during a team building game at work. They came back and denied the claim however I have inside information that they are just doing this in the hope that I will go away as they do believe they are liable under vicarious liability. My lawyer has gone back to them two weeks ago to say that we are not accepting their response. Should they take a long time to reply or do you think they will deny this again until we take them to court?

    Reply
    • Ian Morris

      The ‘inside information’ you cite may or may not have any credibility and it cannot be counted upon. However, it is not uncommon for a defendant to deny liability in the first instance, even if they are of the view that they may have to admit eventually, in the hope that it will be enough to defend their client against the claim made.

      In your case, as your Solicitor has returned to the defendant to refute their denial, you will have to wait for the defendant to elaborate on their defence before your Solicitor is able to evaluate whether or not their defence would hold up in court.

      Reply
  63. Richard

    If an insurance company does not respond to a solicitors correspondence can they commence legal proceedings against the defendant directly and if so how?

    Reply
    • Ian Morris

      Should a defendant fail to respond to a Solicitor within the statutory timeframe, the Solicitor would initially give them a further deadline to respond. If this were ignored and it was apparent that the defendant would not cooperate, a Solicitor may issue court proceedings to force them to respond. Such a hearing would not reach a decision on liability, but would reach a decision as to whether or not the defendant was the correct party to respond and if so, oblige them to cooperate with the claim process. If the defendant were to then continue to fail to cooperate, they would be in breach of a court judgement and could face serious consequences.

      Reply
  64. Mick

    Hi, since my last a question here re: my motorcycle accident. I’ve tried changing solicitor. On the 8th Aug the firm dealing with the case recurved my signed authority for another solicitor to deal with the case. It is now October & they’ve yet to hand over my file. Is there any time limit to this or are they in their rights to delay in this manner?
    RTC 24/12/18. Offending driver charged in May. Yet I’ve had no offer of transport since as my bike was a write off.

    Reply
    • Ian Morris

      There is no prescribed time frame for a previous Solicitor to release a file to a new Solicitor. In most cases, one would expect the process to take around 1 month.

      Reply
      • Mick

        Thank you for your reply Ian. The new solicitor have been dealing with the case now for 3 weeks. They’ve been in contact with the ‘ at fault’ drivers insurance. They say the hold up is due to their client making accusations regarding my driving. Bearing in mind he has received a caution for causing injury by careless driving, he was charged back in May. Should I contact the police regarding this as I was not charged with any offence & was told when I made my police statement I was not at fault in any way.

        Regards,
        Mick.

        Reply
        • Ian Morris

          Anything you can do to arm your Solicitor with the evidence needed to disprove any allegations made by the defendant will be of help and would speed up the process. Therefore, if you are able to obtain any evidence from the Police that helps you, you should do so.

          Reply
          • Mick

            Thanks for your reply Ian. The problem I have with this is, the defendant has made these accusations after he was charged with careless driving. The police report lays no blame to me. The fault is clearly stated as the defendants.
            My question is, should I inform the police of his accusations & do I have to answer accusations after he has been charged? These accusations are holding my insurance claim up. As his insurance firm won’t move forward now.

          • Ian Morris

            This will largely be a matter for your insurers now in terms of ‘fighting’ the allegations made by the defendant. Given that the Police have absolved you of any wrongdoing, it shouldn’t be too hard for your Insurers to resolve this matter in your favour.

  65. richard

    I have a claim ongoing with the council, the claim handler has made a 2nd offer due to my rejection of the first offer, they have stated in the 2nd offer if i reject this i will need to seek legal advise. May i point out i am directly dealing with the claim handler as it’s past the 3 years limitation and no solicitor is willing to take it on even though liability has been admitted.

    Can the claim handler withdraw the 2nd offer if i reject this and they are no longer negotiating due to the statement of me needing to seek legal advice?

    Reply
    • Ian Morris

      Without knowing the full ins and outs of this matter, it is not possible to advise in any certainty. However, the fact that they have made a 2nd and final offer as things stand simply means that they are unwilling to increase the offer made to you unless you can introduce a legal expert to force such a move. Clearly, given the fact that 3 years have passed since your accident you won’t find a Solicitor able to get involved.

      Whilst the council are unlikely to withdraw the offer, you should bear in mind that accepting it may be the most sensible choice at this time.

      Reply
  66. Rozina Sayani

    I’ve had a serious RTA on 02/03/2016.

    It’s now 12/09/2019 and CTS hasnt resolved my claim issues.

    Everytime I contact them one or the other case handler is either on holiday or on lunch.

    What should I do?

    Reply
    • Ian Morris

      At this stage, you should make a formal complaint to your current Solicitor – see their website for the details of their procedure. If that procedure fails to provide you with peace of mind, you would be within your rights to switch your claim to a new specialist Solicitor – such as those with whom we work at Direct2Compensation.

      Reply
  67. David

    My insurance company have not confirmed or denied my car insurance claim which was made 46 days ago, it is a simple car theft claim and 46 days is when my car was found by the police who confirmed the case closed. They have arrested the person responsible and he has appeared in court on 14/8/2019, and confessed to the car theft. My insurance company are simply finding excuses. In addition to interest on outstanding monies 8.75%, what else can I claim for?

    Reply
    • Ian Morris

      Whilst you certainly would appear to have a just claim for any damage to or for the loss of your car with your vehicle insurers, this matter is not one of personal injury and as such, we cannot advise you in this instance.

      We would suggest that you contact the Insurance Ombudsman for advice regarding your rights.

      Reply
  68. Ian

    I’ve been involved in an incident on 23rd of august. I was driving and a woman pulls out and hits my car at the rear driver side door. I have had pains in my right lower body. I’m with insure pink. I do have pictures of inside and pics of the car that hit me. Will I get compensated for loss of car and lower body pains?

    Reply
    • Ian Morris

      We can help you claim compensation for your injuries and incurred costs and losses caused in the accident on 23rd August.

      Please call us on 01225430285 or start the process here to get your claim started.

      Reply
  69. Naomi

    I put in a claim and the defendant has admitted liability. I have had my medical and I was told the deadline was the 12th August where they should have settled the claim.
    Then my solicitor has got back in touch and told me she hasn’t heard from them so she is taking it court? Can there be any reason why they have not yet made an offer to settle the claim when it’s going to cost more to go to court?

    Reply
    • Ian Morris

      We cannot explain why or for what reason the defendant has failed to make an offer, but it would appear that your Solicitor is taking the correct course of action in taking this matter to the courts so that it can be sorted out.

      As liability has been admitted, it means you will succeed with your claim. The issue now is one of establishing the appropriate level of damages for the injuries you have sustained and calculating any special damages.

      Reply
  70. Terry

    I accepted a settlement figure over 6 weeks ago from insurer via my solicitor for a Road traffic accident. I still havent received payment despite my solicitor saying when i accepted the insurer had 5 – 6 weeks to make payment. My solicitor is now saying it may take longer without giving reasons only that she will continue to chase payment and advises that if i now choose to take the matter to court it can be problematic. The solicitor was appointed by my car insurer who unfortunately is also the other parties insurer. Is this normal?

    Reply
    • Ian Morris

      Whilst the delay is clearly frustrating, you should not be unduly concerned. Whilst the majority of settlements are paid in good time, there are a number of reasons for (and examples of) some settlements being delayed or slower in coming through.

      Your Solicitor will chase the defendant accordingly and it is most likely that your settlement will soon arrive.

      Reply
  71. Nasir

    Hi
    i had road accident on 31/05/2017, at first third party denied to accept their fault but eventually they accepted their fault. Third party paid me back my volunteer access which i was charged for my car to be repair. I been to few doctor appointments, on basis of those appointments a medical report has been forwarded to third party by my solicitors. its been 5 months that the third party has not responded and ignoring my solicitors reminders. Now my solicitors are preparing for Litigation. My question is how long will it take more and will the third party respond this time?

    Reply
    • Ian Morris

      It is not possible to state how much longer your claim will take. However, if the 3rd party have failed to respond to date and your Solicitor is now issuing proceedings, it indicates that things will speed up as the 3rd party are likely to not want to mess the courts around.

      Reply
      • Sohail Asif

        Hi,

        I had an accident around 8 months ago. Third party insurers accepted liability. I was off work due to my injuries. My loss of income due to being off work is roughly 9k. I have provided 3 months payslips to my solicitors. The medical report and the loss of income calculations were sent to the third party. However, they came back with an offer of 1300 for my injuries and did not comment on the loss of income. My solicitor rejected the offer and informed me that insurance companies tend to offer extremely low during Christmas. They are currently negotiating now and informed me that it is likely that this case will go to court. However, they will have to wait a further 21 days for the third party to give a better offer. The third party are claiming there is no medical evidence of my injuries, but I attended a&e and my doctors fortnightly regarding my injuries. What is the likelihood of the third party accepting this and paying me out completely for my loss of income and coming back with a substantial increase in the personal injury offer?

        Reply
        • Ian Morris

          It would seem that the defendant insurers are attempting to use ‘desperation’ against you to see if you’ll accept their ridiculously low offer! Our view echoes your Solicitors and the fact that the Solicitor rejected the offer indicates that they are acting correctly. As you have medical evidence proving your A&E and GP attendances, you need not worry as it would appear that there is ample medical evidence available to support your claim.

          Reply
  72. Stephen

    My car was written off in Nov 2018 and the claim still has not been settled. My insurance company agree it was 3rd party’s fault but the vehicle in question was a company car (ironically a recovery vehicle). I was estimated £750 in costs including travel expenses, excess, time out from work, and injury. I am still waiting on this. I had provided the details of the 3rd party vehicle and photos but did not get all details of the individual driver. I am still waiting for the legal team to respond, last I heard was a month ago saying they will follow it up. Any advice or is this just likely to be a waiting game??

    Reply
    • Ian Morris

      If your claim is up and running, there is often a period of frustration in which you do have to wait. However, it seems that you have been waiting for some time. You should certainly chase your Solicitors up and if needs be, make a formal complaint to them about the lack of updates and apparent delays in resolving your claim.

      Reply
  73. Steve

    Could you please advise me how long a defendent insurer has to either accept or deny liability for an accident involving their insured party WITHOUT a CNF being issued by a claimant solicitor.

    I was involved in a non-fault accident on 17th June 2019 and the third-party’s insurance company has still not stated it’s position despite being aware of the accident.

    For the avoidance of doubt there is no personal injury, just substantial damage to my vehicle which would, I expect, render it an “insurance write-off”.

    Reply
    • Ian Morris

      We can only offer qualified advice on matters relating to personal injury compensation. In your case, you mention that there is no personal injury. If the claim related to personal injury, the defendant insurer would have a period of almost 4 months to ‘investigate’ a claim before they must respond with an admission of or denial of liability.

      Reply
  74. Jay

    Hi my Laywer started court proceedings and I received a letter from the court stating a time frame that the other sides insurance had to reply to court by
    The timeframe passed they didn’t contact the court what happens next ?
    Thanks
    Jay

    Reply
    • Ian Morris

      It is unusual for a defendant to miss a deadline, but not something that Solicitors or courts are unused to seeing. In the first instance, your Solicitor will likely issue them with a further deadline and request that they make contact appropriately (copied to the courts). If they then fail to contact as requested, your Solicitor may well ask the courts to make judgement based on your evidence.

      Reply
  75. Pauline

    Six Months ago I had 2 bilateral fractures to my knees the builder and insurance company have both accepted liability all my paperwork has been sent to the insurance company, they have had them for 5 weeks, how long will it take before they make me an offer?

    Reply
    • Ian Morris

      There is no set time frame for an offer of compensation to be forthcoming. It is likely that medical evidence and a medical experts report regarding your injuries and the likely long term consequences of the injuries is provided and then considered before an offer will be made.

      Reply
  76. Michael

    I had a non fault accident on the 24/12/18 sustaining severe leg injuries. The driver who caused the accident has had a caution for careless driving set by the PPS. His insurers are claiming they’re still investigating the collision & have not admitted liability. I’ve had no offer of alternative transport & they’re still to send an assessor to inspect my motorcycle. Is this a normal timeframe for this or is my solicitor not doing his job properly on my behalf?

    Reply
    • Ian Morris

      To answer this question, we need to know when your Solicitor submitted your claim. Lets assume that you commenced your claim soon after your accident and returned signed instructions (a signed CFA) to your Solicitor so that the claim could be made to the defendant insurers by mid January 2019. If that was the case, the defendants would have had an initial 21 day period to confirm receipt of the claim and acknowledge that they are the responsible insurer. From then, they would then have a further period of just over 3 months to ‘investigate’ the claim and respond with an admission or denial of liability. This timeframe would therefore usually see you getting a response after around 4 months or so from the date the claim was made. However, sometimes this can take longer and insurers are slow in responding. If this is the case, your Solicitor will issue the insurers with a further deadline to respond. If that deadline is then missed, your Solicitor will consider starting court proceedings to force them to respond.

      Reply
      • Mick

        Thanks for the reply to my enquiry, it has shed a bit of light on the issue. It has been over 4 months & the insurance company in question are still claiming they’re still investigating the collision. Although their customer has been charged with careless driving & causing serious injury due to this. The solicitor dealing with my case has not issued any court proceedings to urge a response.
        His reply to this question to me is, these things take time.
        I’m also paying for my own physio appointments etc: I was in the belief a solicitor would avail these appointments etc to myself & then claim the cost from the party which caused the accident.

        Reply
        • Ian Morris

          Your Solicitor is right in that there can be matters that do take time and it is not the case that you can simply immediately issue proceedings as there needs to be an allowance for a reasonable delay in processing a claim. Therefore whilst 4 months to you is very stressful and your Solicitor will be aware of this, it is not yet unreasonable in the eyes of a Judge. However, you should discuss with your Solicitor as to when it would be reasonable to ramp up demands for a response.

          With regards to physiotherapy/rehabilitation costs, until and unless there is an admission of liability in place from the defendants, your Solicitor is unable to instruct and cover the cost of such therapy.

          Reply
          • Mick.

            Thanks again Ian, I found your info & help very useful & informative. I will take these issues up with the solicitor dealing with my claim. All the best, Mick.

          • Ian Morris

            We’re pleased that you have found our input to be helpful. Your Solicitor should be able to help you further, but if you need any more advice, support or information, please do not hesitate to let us know!

  77. Abdul

    Well another 6 months have doddled along since I posted on here last December moaning – in the 4th year of my PI claim – about what a dysfunctional mess these claims are.

    Not a lot has happened.

    Once the month of winter holiday was over, the solicitor decided to pass my claim to an advocate for quantification. But before he quantified it the solicitor wanted a further prosthetic opinion from my NHS clinic.

    Apparently one day the clinic will send it.

    Until then the case is off back to sleep. zzzzzzz.

    And that, ladies and gentlemen, is all that’s been achieved in the first six months of year four of this cynical, appalling and dysfunctional waste of time aka serious injury compensation claim.

    Reply
    • Ian Morris

      Given the length of time your claim is taking, it is completely understandable to read of your obvious frustration and loss of confidence in the system. You have been living with a serious injury for a considerable time and most likely are struggling to get on with day-to-day living as a result.

      In cases of serious injuries, with life long consequences for the injured party, it is common for the claims process to be a long period. This is not due to Solicitors dragging their heels, but due to the Solicitor acting in the best interests of the claimant and ensuring that every aspect of the claim, from full understanding of injury prognosis and long term implications to medical needs, care costs, loss of income etc are fully understood and accounted for. Only then can a claimant be certain that their best interests have been served and that any settlement will adequately reflect their pain and distress, the injury and the cost to them of loss of income etc.

      In your case, your Solicitor should be explaining these issues to you. If they are not communicating with you properly, you should immediately raise a formal complaint against them and allow them to investigate this for you. The Solicitors complaints procedure should be published on their website and will explain how they will investigate your complaint. If they cannot resolve the complaint to your satisfaction, you could then escalate the complaint to their regulator (Solicitors Regulatory Authority) and the Legal Ombudsman Service and have the matter investigated independently.

      Reply
  78. Natalie

    I accepted an offer from third part insurers and my side expected payment within 4-6 weeks and this hasn’t happened, my side say it’s now gone to their enforcement team. How long can the other side hold of on paying, they made an offer which was accepted but now aren’t paying up?

    Reply
    • Ian Morris

      The most likely issue here is simply one of administrational error on the part of the third party insurers and a slow process. It is highly likely that a robust ‘chasing’ by your Solicitors will get this sorted. Of course, if the defendants continue to be ‘difficult’ your Solicitor will issue proceedings to force payment by court order.

      Reply
  79. maddy

    Hi I had a car accident in July 2018. it was not my fault and the other driver admitted liability. The thing is, I reported to my insurance company but told them I was not making a claim as i thought I would be admitting it was my fault. Not realising this I thought the other insurer would sort everything out and all I had to do was wait. after sending several emails asking for updates which I was only getting electronic replies. I phoned the insurance company and spoke to a lady who said basically she would ring me back, She never did but I received an email stating if I wanted a courtesy car I would have to make a claim, and to let her know and she would contact me asap. the penny dropped and I realised in order to get anywhere I had to make a claim. I emailed back stating I would make a claim but heard nothing more from her. After many emails the insurance people will not acknowledge I did make a claim. The car is no longer around that being one of the reasons they could not pay out. what can I do?

    Reply
    • Ian Morris

      Were you injured at all in the car accident in July 2018? If you suffered whiplash or any other trauma in the incident, we could help you claim personal injury compensation for any injuries and associated costs or losses.

      With regards to the car and any damage caused to that, if the car is no longer in your ownership, there is very little you can do about claiming for the vehicle.

      Reply
  80. Gemma

    Hi, I slipped on a wet floor in a bar in town on the 27th Jan 19 and hurt my foot as a result of this I ended up attending A&E the following day and was told I had fractured 3 of the metatarsal bones in my foot, I had to wear a moon boot for 4-6 weeks and not to bare weight on my foot. I have a 6 year old daughter with type 1 diabetes and coeliac disease and as I could not walk round on my foot both me and my daughter had to move in with my Nanna so that I had help, she had to take my daughter to school and pick her up as well as could not drive or even walk her to school! This was a massive inconvenience to us all as my Nanna is 78, with my daughter having coeliac disease and now eating from my Nanna’s house we had to be extra cautious in case of cross contamination. I emailed the pub where the accident happened as well as called and requested this be put in the accident book and to keep cctv, I currently have a claim in and my solicitor have advised that the defendant insurers have until May 1st 19 to respond with liability if not it will be no later than the 04th June as this would have been the full 3 month, my solicitor believes I have a good case but I am unsure, is it likely they will respond with liability acceptance by 01/05/19.

    Reply
    • Ian Morris

      Whether or not they will respond by the deadline will have to be seen. In most cases, defendant insurers do adhere to deadlines, but they are often met on the day of the deadline or very close to it rather than early. If they do not respond in your case, it would appear that your Solicitors is well prepared and will likely issue them with a further deadline with a strict requirement to meet that and if they don’t, that court proceedings will be issued.

      Reply
  81. Ali

    Hello, A few days after my accident the other driver told me he had admitted to his Insurer of ‘Losing Control’ of his car. His Insurer responded with a 50/50 split. I did not accept this offer as I had to have an operation due to the accident and a mini stroke. A year later the other driver submitted an injury claim against me using my Quindell solicitors. Also that my solicitor had a financial arrangement with the defendant insurer. This was found to be a Conflict of Interest by the Ombudsman. After 3 1/2 years the other insurer admitted liability.
    My question – Could this commercialised delay by the insurer constitute dishonesty? Thanks

    Reply
    • Ian Morris

      Whether or not the defendant insurer has acted dishonestly is a moot point and would probably have to be considered by an independent Judge with sight of the full facts.

      However, there could be a call for your compensation settlement to include interest given the obvious delay caused to your settlement.

      Reply
  82. Suzie

    Hi I took a settlement offer under the part36 over 6 weeks ago and am now still waiting on the funds they keep telling my solicitor it will be paid in 5-10 days . My personal injury claim has been going on for nearly 7 years now . Is this a normal time to wait for funds after it being a part36 offer? Thanks

    Reply
    • Ian Morris

      Invariably, these matters take longer than they should – not because of the claimant Solicitor, but often due to the slowness of the defendant insurers.

      Whilst it is frustrating for you to wait, your Solicitor will apply pressure to them to come up with the settlement.

      Reply
  83. Tom

    I have a personal injury claim, my personal injury claim is going into court for a hearing. Now my solicitors have instructed me not to attend as it’s not needed but how do I know what I will be awarded by the court? Can my solicitors lie and say nothing was awarded can I keep track of what has been awarded to me? My second question is that the third party has accepted fault now as my partners insurance company wrote and told him. Will my case still need to go to court?

    Reply
    • Ian Morris

      There is no risk that a Solicitor would lie about a court judgement settlement or even an out of court settlement if the defendant were to make an offer on the court steps.

      The matter may be going to court in order to agree a settlement value. An admission of liability only indicates that a defendant will accept that they are liable, however, they may still be disputing the extent of your injury or loss and the value of any claim.

      Reply
  84. Jonny

    I declined my 1st offer for compensation how long will it be before i receive a 2nd offer ?

    Reply
    • Ian Morris

      It depends upon what grounds you refused the initial offer and what response your Solicitor made to the defendant regarding this. You should usually expect a revised offer fairly quickly, within a month or so.

      Reply
  85. Sam

    I had a serious road accident in July 2018 which was fully the third parties’ fault. They have admitted liability and is at the stage where my insurer has sent them the claim pack stating compensation amounts etc etc to be paid. My insurer admiral law told me they have to respond within 3 weeks. 3 weeks has been and gone, in fact 3 months has been and gone and all i keep getting told is my claim is with litigation and there is a backlog of these cases. I keep chasing admiral for updates but still no response so have no idea what is going on? What can I do in this position?

    Reply
    • Ian Morris

      If you have not yet instructed a specialist personal injury Solicitor to act for you on a No Win No Fee basis, you could now make an instruction and hand the running of your claim to such a specialist. A specialist Solicitor would provide a deadline for the defendant to respond and if this deadline were not met, the Solicitor could then look to instigate court proceedings to force the defendant to cooperate.

      Reply
  86. karen

    in October 2016 I tripped on a broken step and caught my knee which caused a lump the size of a golf ball on the side of my knee, and have had issues since this with popping knee and pain. They denied liability then I had to send photos of the broken steps showing the dates I took the photo. I also took photo September 2017 wen they only just carried out repair. I sent dated photos November 2018. And they have now not replied to the solicitor they messaged me yesterday stating they still haven’t had a response since sending dated photo evidence. Does it normally take this long? I’m not bothered about whether or not they except liability but I’m just curious as it’s first time I’ve done a claim and wondering why my solicitor hasn’t given a final date to comply with, or if this is what they should halve done a year ago?

    Reply
    • Ian Morris

      For them to have not responded to correspondence dated November 2018 some 3-4 months later is not really acceptable. However, it is not uncommon for defendant insurers to be extremely slow and even actively so, during the claims process.

      Your Solicitor has issued a final date for them to cooperate and respond. If they fail to make contact in that time frame, the Solicitor will issue court proceedings to compel the defendants to cooperate.

      Reply
  87. Genadi

    The pre-action Letter of Claim (personal injury at work) posted through Royal Mail Special Delivery to the right address but not accepted(signed for) nor collected from the post office by the Defendant. Is that a valid service of the Letter of Claim? If not how should it be served if the Defendant or anyone living with him/her do not accept the delivery?

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you? In circumstances such as those you describe, if the proposed defendant is not accepting correspondence, you will need to go through the legal process and involve the courts. The courts can compel a defendant to accept involvement and correspond. Of course, this does not mean that the defendant is to be found liable as they are entitled to mount a defence.

      Reply
  88. Charlie

    I had an RTA Last summer whereby an Uber driver drove into the rear of my vehicle while I was stationary. Driver admitted liability at the scene insurance details exchanged etc.. all was fine. I suffered soft tissue damage to my neck and upper back as a result and spent ten weeks going to physio therapy sessions arranged by my insurer. Following this my claim was valued in dec and send to the third party who failed to respond in the timeframe. This was the beginning of January since then my solicitors have been trying to serve them with court papers but I have been told they are unable to as the insurer is registered in Gibraltar not the UK? I’ve been told the papers must be served by the end of May but if the other insurers just keep ignoring my solicitors what’s next? How can they even do this? My solicitors aren’t the best they are very slow at responding and do not proactively contact me for anything I have had to chase them throughout. I can’t understand how a straight forward claim is taking so long when the third party has admitted full liability and the injuries/damage etc are all perfectly reasonable how can they just ignore it?

    Reply
    • Ian Morris

      You should make an urgent ‘complaint’ to your Solicitor about your concerns as to the handling of your claim. You should demand, in writing, an explanation of their plan of action should the insurers continue to fail to respond.

      Reply
  89. Charlotte

    Good afternoon,

    I live on the top floor in a block of flats. I have 3 children so we always take the lift. The light in the lift had gone in late October 2018, in the middle of November we received a text saying they are aware of the light failure in the lift and the contractors have been instructed to attend site.
    My 8yr old daughter always stands beside me, holding my hand as she’s afraid of the dark. 7 days before Christmas, she wasn’t standing beside me as she usually does and as the doors closed she tried to make her way towards me, but tripped over the pushchair, hitting the side of her head on the railing, pulling down her brother and him also hitting his head on the railing. We went to urgent care and my gp over 2 days as they complained of headaches. I complained to the housing association the day after the accident and didn’t hear a response. I told the caretaker and he told me he’d been reminding them, daily in the report logs, but it was ignored. 9 weeks later on January 9th, light gets repaired. January 31st everyone receives a letter apologising with a goodwill gesture of £120. I then decided to send a LBC asking for their risk assessments as they breached regulations, ignored daily internal logs and are liable as it should’ve been repaired days or within 2 weeks after the text in November. February 27th and received a letter the following day from the liability negotiator saying my claim has been forwarded to the companies liability insurers for investigation…… what does this mean are they trying to intimidate me as their letter said due to their fraud prevention process, they will undertake a number of enquiries to validate my claim and quoted the fraud act 2006….. shall I let a solicitor handle it instead?

    Reply
    • Ian Morris

      The mentioning of the fraud act should not cause any genuine claimant any alarm. As you would expect, defendant insurers will investigate any claim for personal injury compensation thoroughly before they will make any award of compensation.

      The vast majority of claimants act genuinely and pursue claims legitimately when they have suffered personal injury as a result of an act of negligence. In such matters, No Win No Fee claim services are available to allow those genuine claimants to pursue their legal right to claim compensation without risking personal liability for costs. In such cases, if a defendant can raise a sound defence, a claim will fail but the claimant will pay no costs. However, should a claimant be found to be acting dishonestly they could face criminal proceedings.

      In your case, it would appear that you have nothing to be concerned about. The liability in your case would appear to be sound, so it is simply a case of proving the extent of the injury and loss. The goodwill gesture of £120 should be seen separately to any further claim for injury or loss.

      Reply
  90. Colin

    I have been recently accused of fundamental dishonesty regarding an hearing loss claim, which constitutes a breach of contract and therefore will incur all the cost. The solicitors have not and given any evidence to support their assertion or claim other than conflicting statements and a false confirmation they said l have made.

    My question is how do l go about fighting this claim and can they just base their claim on a suspicion without evidence?

    Reply
    • Ian Morris

      The allegation of fundamental dishonesty is a very serious allegation and if upheld, would leave you facing the costs of the defendants as well as your own Solicitor. If any element of your claim is found to be fundamentally dishonest, the entire claim will be closed without you receiving a penny in compensation and you would have to pay the fees of the defence and your own side.

      If you are of the view that the allegation is without basis and completely erroneous, you should immediately discuss this with your Solicitor. Your Solicitor will be aware of why the defence has made such an allegation and what evidence they claim to have to support the same. If you can highlight why their view is incorrect it is likely that the allegation will be withdrawn.

      Reply
  91. Lewis Gill

    Last year I was involved with another car in a road traffic accident at lights at a junction. At the scene the driver of the other car admitted liability and said that she would pay for the damage. I took photos at the scene of both cars. I decided that I should progress the claim through my own insurance company. The other party suddenly decided that they had received whiplash injuries for both herself and her son. There was no son involved in the accident as he was not present at the accident. Whilst I was waiting for a response from my insurance company they increased my cost for renewal when the the new insurance was due. Since then I cannot get any answers from them about compensation. They have told me that the other insurance company can just sit on the claim.

    Reply
    • Ian Morris

      You need to make sure that your Insurers and their legal representatives are immediately made aware of the apparent fraudulent claim for the Son of the lady in the other vehicle.

      The insurers will be able to prove whether the Son was present or not and if not, she will have been materially dishonest and have to pay her costs as well as those of yourself.

      Reply
  92. Dovile

    I had a non-fault RTA and had whiplash which developed to fibromyalgia and also post traumatic stress disorder. I had depression, anxiety & a small tear in my lower back and more.

    It has been two years now, but I only got one offer in all this time. My question is why is it taking so long and whats the longest waiting time for settling a claim? I am not getting better and its been 2 years since the accident.

    Reply
    • Dovile

      I am also getting panic attacks and using strong painkillers like deluxotine for over a year.

      Reply
    • Ian Morris

      There is no maximum time frame to settle a claim. In many cases, when a claim is taking a long while to settle it is usually because the injuries are serious and the extent of damages to be recovered in settlement will be disputed until the acting Solicitor believes that a fair and reasonable sum has been offered.

      Reply
  93. Philip

    my daughters car was hit by a motor cyclist travelling in the opposite direction at traffics lights there was a yellow box. She had allowed two cars to go past and started to turn right the motor cyclist admitted in front of a witness that he had tried to beat the yellow light, my daughter had turned right on a green light after checking the road top her right was clear. We informed our insurance company straight away they almost immediately said they would have to accept liability. She said no to this and mentioned a witness and the motor cyclist saying sorry and that he was to blame.

    Her car was written off due to age and mileage she said she wanted to take it to her local garage as only the front right corner of the valance needed a bolt to fix it, but her insurance company said she would loose her no claims and excess anyway? After 8 weeks her insurers finally told her the motor cyclist was insured with MCE however after 9 weeks her insurers said they have been unable to get a reply from MCE?

    Another question her insurers will not answer is whether the motor cyclist called MCE or did her Insurers call MCE and they then contacted the Motor cyclist? Also if the motor cyclist did call MCE in a reasonable time what did they say about him admitting that it was his fault in front of a witness?

    Her insurers are now quoting a case of 2003 Pell v Mosley this is a 60 mph road both car and motor cycle travelling in the same direction completely different to my daughters accident. Sorry the question is so long but its hard to do a shortened version. My daughter was coming up to having 4 years no claims. Thank you for any information you may be able to give. The Ombudsman after she sends a dead lock letter seems to be her only choice.

    Reply
    • Ian Morris

      It is very hard to comment with detail on this question. Clearly, it would seem that your daughter is suffering a common problem – lack of supporting evidence. Whilst a witness was seen to hear the motorcyclist admit fault, has that been recorded? Is the witness willing to corroborate this and provide a statement in support of the same?

      Reply
  94. Joe

    Hi there. I recently had cataract surgery which was successful currently in recovery, have one more check up to final over things this week I haven’t had any incline to when I will have an offer or even an idea of how much? The liability was admitted months ago this claim was reported a year ago now had been on going. But I’m non the wiser I have asked my lawyer but no straight forward answers to what is happening! I was wondering if you could tell me after my next appointment at the specialist where I had surgery will the insurance company be in a position to make an offer to me or my lawyer? Like I said I’m non the wiser to what is actually happening as this has been my first claim.

    Reply
    • Joe

      My next appointment is in a months time where i’ve been told I’ll need glasses which I hope to be fully recovered by then, just wondering if the insurance company are now in position to make a settlement offer?

      Reply
  95. Jo

    I was in a RTA last March. I have been through all of my assessments via the solicitor and I have now instructed my solicitor to pass the claim to the insurance company. They have already admitted liability when my car was written off last year.

    How long will it take roughly for them to settle the claim now?

    Reply
    • Ian Morris

      It is hard to answer this question as we don’t know if the insurers have agreed with the medical reports and whether the extent of injuries has been agreed.

      Reply
  96. Samantha

    Hi, I currently have a claim which the insurer has pulled from the portal asking the full amount of time. This ran out on the 10th Jan and my solicitor has had to send another letter giving a further 2 weeks which again they have not replied…. What happens now? Can i make a claim against the person rather than the business?

    Reply
    • Ian Morris

      Making a claim against an individual rather than a business is possible, but certainly not easy and there is no guarantee that the individual will have the financial cover or insurance in place to enable them to settle any claim. Therefore, the best bet is to pursue a claim against the business.

      In the situation you report, your Solicitor is trying to obtain a response from the defendants. It would appear that the defendants are not responsive and whilst this is frustrating and will slow the process of your claim down, your Solicitor will know what to do. In most cases, if deadlines are not met and then further deadlines are not responded to, your Solicitor will issue a court proceeding to force them to respond.

      Reply
  97. Eleanor

    I had a slip in lidl they have admitted liability and my solicitor has emailed them the medical report and an offer of settlement . How long before I hear back if they accept it or not? Tia

    Reply
    • Ian Morris

      In cases where liability is not disputed and the defendant has accepted the claim, the process of reaching an agreed settlement does not usually take too long. If your Solicitor is working on the basis of a medical report and expert opinion for the value of the claim, as long as the defendant does not query the experts report, it is likely that they will make an offer within a short period of time, such as 3 weeks or thereabouts. Of course, this period could be quicker or longer!

      Reply
  98. Joe

    Hi there going through a work related injury claim at the moment have surgery for cataract at the end of month. Company involved I used to work for the insurers have admitted liability over a few months ago and still haven’t received any offers or any incline to one? Just wondering would mt lawyer have a rough idea of an offer or would I have to wait till surgery is over with?

    Reply
    • Ian Morris

      Your Solicitor may have received guidance from counsel as to an appropriate value of your claim. It would be wise to speak with your Solicitor to see if they have had such an opinion from a Barrister.

      Reply
      • Joe

        Ok thanks. Also one more thing if you could please help, I developed a cataract as I first mentioned have extreme sensitivity to bright lights and slight blurred vision which I then will have to have surgery to repair so what severity of that would be for the injury in your opinion like moderate serious etc? The cataract surgery is common I hear so recovery should be within a week or so. I was wondering the severity of this also does cost of surgery go towards the claim? Thank you.

        Reply
      • ABBAD

        I had an accident in December 2018. When I was with my wife and my son a van hit my car from behind. I took picture from cars and his face, after I call my insurance. They called me after 3 months and said they denied the accident, when I sent the evidence, after 6 months they accepted the accident happened but wasn’t that much to accept the whiplash claim. My Solicitor sent me to doctor and he recently sent the offer to them but the way he was talking he wasn’t very confident they accepted, now I don’t know what to do – my solicitor said because they got the garage report and it was only dent and only cost £800 to fix and that show it wasn’t much.

        Reply
        • Ian Morris

          In cases where there has been a low velocity impact (LVI) defendant insurers will attempt to fight the claim – not on the basis that there was no accident, but that the impact of the collision was not sufficient to cause injury.

          In your case, as your vehicle required repairs of £800 it does demonstrate that damage was caused and that the collision was sufficiently heavy to cause the same. This could play in to your favour.

          You should speak with your Solicitor and ask them to fight the claim as far as possible for you.

          Reply
          • ABBAD

            Thanks for the quick reply and advice, I will talk to my Solicitor to see what he saying, the way he talk wasn’t good to me and even said we sent offer but i think they don’t accept it and they maybe sending lot more less offer. He said if they do that it’s better we accepted, he sent £3100 offer for me. Well, I don’t know – I have to wait. Thanks again.

  99. Kelly

    I’ve been in the process of a whiplash claim for over a year now, what can i do to hurry it along …. and why would my solicitor need my credit card statements and bank statements and tax return?

    Reply
    • Ian Morris

      Your bank/credit card statements and tax return are most likely needed to provide proof of identity (to satisfy Money Laundering regulations) and the tax return for proof of loss of income.

      Reply
  100. Abdul

    I’m in year 4 of my MIB claim for serious injury (double above knee legs amputated) in a hit and run. Given I’m now in my late ’60’s is it likely that they’ll just string it out till I’m dead to save themselves some money?

    Latest ridiculous example: Accommodation expert suggested by them in Aug ’16. Took the MIB a YEAR to lift the phone and instruct him!! Even took MIB 6 weeks to photocopy his report and post it to my lawyer. Finally received Dec ’18.

    MIB = not fit for purpose!!

    And am I right in thinking that they have no supervising regulator (including court) to complain about it to?

    Reply
    • Ian Morris

      Claims via the Motor Insurers Bureau (MIB) for untraced and uninsured driver scheme matters can be lengthy processes. In some cases this could be down to the failings of the MIB claims handler dealing with the matter, but in many cases it is a product of the area of claim type that it covers. Given that the MIB not only have a client to liaise with, they must also liaise with the Defendants, the Police, Hospitals/GP’s and medical experts to reach a point of settlement on the claim. As you can imagine, this process can take some time to confirm. That said, 4 years is a very long claim period.

      However, you have sustained permanent, life changing injuries in this accident and with such situations comes great responsibility and thoroughness. The claims handler and MIB will wish to ensure that you are fully and correctly compensated and it could be that the full damage to you and cost to you is yet to be agreed.

      Reply
      • Abdul

        Thanks for the reply. Unfortunately it doesn’t make any sense other than as some sort of apologism for a dead dog organisation (MIB) in a lame duck system.

        This MIB has neither respect nor thought for claimants. In my case it’s “cost” 2.5 years of effective limb-wearing because that’s how long it’s taken the NHS to make me functional sockets. Given my age and the time I’m supposed to have left as a limb wearer that 2.5 years is a significant loss. Pity I haven’t had access to the private prosthetists who could have given me that 2.5 years, isn’t it?

        I was also a high earner before the accident and have had to spend the last several years watching our finances slowly erode and disintegrate as the remaining income producing assets which keep us going gradually have to get sold off and the downward spiral continues.

        These kind of things actually cause depression to seep in. But of course I’m scared to mention that because next it would be a Psychologists report which, given the experience of the “Accommodation Expert” (not to mention the Medical (poor), Prosthetic (nonsensical) and OT (very good) reports which could easily have been ordered concurrently rather than consecutively) would probably add another, what, 18 months to the claim…..

        I was in a rehab physiotherapy session for a few hours today. Got talking to a bloke who’d lost a leg to work injury 23 years ago. Know how long his compensation claim took to be settled? TWELVE YEARS!!

        Of course my claim isn’t no win no fee. It’s covered by legal insurance. So my solicitor has no personal interest in settling it speedily. I imagine he’ll be ordering a new Mercedes a year on its fees, so I’m sure he’s in no hurry to see the end of it.

        Reply
        • Ian Morris

          I am confused as to why this claim was not pursued on a No Win No Fee basis?

          Reply
          • Abdul

            Legal cover included in my insurance.

  101. Clare Jones

    I had a trip at a bar and the insurance company wrote to me “accepting full liability” They have since made me interim payments( NOT on a WOP basis) for travel and loss of earnings. We were waiting for hospital to give idea of optimum recovery time etc before settlement figure for actual injury agreed. At this point I instructed a solicitor to help with obtaining reports and to ensure compensation for injury was fair. They wrote to the insurance company and then recieved a letter stating they are disputing liabily. There is no new evidence and they made original acceptance following CCTV footage review and a report by their own investigator. Can they just withdraw liability and why would they do this? Causing me great distress.

    Reply
    • Ian Morris

      Yes, they can withdraw an admission of liability, but if they do not have new evidence to present to support this withdrawal or cannot provide detailed reasoning, it is unlikely that a court would find in favour of them should your claim proceed that far.

      Reply
  102. Aidan

    The other side has accepted liability but there insurer is disputing the amount of compensation to be paid. My solicitor sent over the court proceedings and they haven’t responded within the time frame. What happens now?

    Reply
    • Ian Morris

      In a claim for personal injury compensation, the first important hurdle is to obtain an admission of liability. It is good news for you that this has been achieved as it confirms that you will receive compensation for your injuries and losses. However, the next stage after admission of liability is to reach agreement on the appropriate value for the claim settlement. The value of a personal injury settlement will be reached in two parts. Firstly, you have the element of personal injury settlement that is made in relation to the injuries sustained. The value of this element will be reached on the basis of medical evidence and an expert medical report that will provide a detailed prognosis on severity of injury and recovery of the same. This will then need to be considered by Counsel who will assign an appropriate value range on the basis of the medical report. You then also need to demonstrate your lost income or incurred costs caused by the injuries and accident and this will be the special damages element of the claim. The injury settlement and special damages settlement will form the total value of the compensation claim.

      When agreement cannot be reached on settlement (which is not uncommon), the matter will need to be considered by an independent Judge in a court hearing. The hearing will have evidence from both the claimant and defence and then a decision will be made on the level of damages that the defendant will have to pay to settle the claim.

      In your case, the defendant has missed the deadline. As such, your Solicitor will likely provide them with a further deadline to meet. If they then fail to meet that deadline, the matter will proceed directly to hearing and will be decided by the Judge – who will take in to consideration the defendants lack of cooperation.

      Reply
  103. Jonathan

    My solicitors have put the report to the 3rd party involved, they didn’t respond within 15 working days, my file has now been passed to another department – what happens now?

    Reply
    • Ian Morris

      Typically, when an insurer misses a deadline, the acting Solicitor will contact them to make a formal request for a response within an agreed reasonable time frame – say 21 working days for example – with the threat of court proceedings if they do not cooperate. If the defendant then fails to meet the agreed revised deadline, the Solicitor will issue court proceedings to seek a judgement to force them to respond and cooperate with the claim.

      Reply
  104. James

    I have to meet with my solicitor tomorrow to answer some questions which axa insurance have asked for. I have also seen there doctor about 3 weeks ago. My question is: how long will it take axa insurance to make a settlement?

    Reply
    • Ian Morris

      Before you can ask how long it will take the defendant insurer to make an offer of settlement in your claim for compensation, you’ll need to obtain an admission of liability from them. To get to the stage of admission of liability can take anything from a few weeks to 4 or more months. Each claim will be different and this period will be decreased in cases where strong supporting evidence is available.

      If liability is admitted, the next stage is for the injuries to be agreed by way of a medical examination with a subsequent written report from a suitable medical expert. The agreement of injuries and prognosis will then enable a settlement to be agreed. From the date of a settlement agreement, claimants should usually expect to receive their settlement somewhere between 15-30 working days.

      Reply
  105. John

    My son had an accident may 2017. He lost his no claims and we paid the excess to get car repaired he was found to be at fault. Today almost 18 months after the accident he has received a letter from the insurance solicitor asking him to sign a form admitting liability. Why is this and what’s it for? He has since change insurance companies.

    Reply
    • Ian Morris

      He should ignore this letter as there is no need to sign the same.

      Reply
  106. Jo

    Car driver ran over my feet while i was filtering traffic on the motorbike in traffic. I called police and recorded injuries in A&E. I submitted claim for personal injury 4 months ago. Insurance passed my claim to claim handlers. So far the car driver did not accept liability and the claims handlers are waiting for a police report.
    Is there any chance they can make me pay legal fees for the claim investigation?

    Reply
    • Ian Morris

      If you have a specialist Solicitor acting for you on a No Win No Fee basis, you will not have to pay for any such fee.

      Reply
  107. JOSEPH

    I had a accident with my supercar in June the third party have not admitted liability yet the claim has gone into a period of investigation how long am I looking to wait until it comes to an end?

    Reply
    • Ian Morris

      In a claim for personal injury compensation, there is a standard claim investigation period of approximately 3 months.

      Reply
  108. Lou

    I fell in a pothole and broke my patella 7 months ago and the defendants have not admitted liability. My solicitor claims she has allowed extra time for them, but how much longer are they legally allowed? Should I change solicitors?

    Reply
    • Ian Morris

      Whilst we can understand your frustration at the length of time it is taking for the defendant insurers to respond, it is not that uncommon for these matters to take sometime. We do not think that there is any need for you to change Solicitors as your Solicitor is acting correctly. It is likely that your Solicitor has given the defendant a deadline to respond. Should the defendant fail to respond by that deadline, your Solicitor would then issue proceedings against them.

      Reply
  109. Mel

    I was involved in an accident back in June 2018 whereby the other party drove into the back of me.
    It has gone through Solicitors and an offer was made by the third party insurers on 4th September and agreed the following day.
    I was advised normally it takes 2-6 weeks for them to receive the money but the Solicitors still haven’t got the money yet and when I asked if there was any maximum time frame they basically said whenever. Surely there must be some kind of timescales that the third party insures need to adhere too?

    Reply
    • Ian Morris

      There is not a prescribed time limit and it is unusual for settlement to take longer than 2-6 weeks to arrive (usually it is around 21 days or so). However, if the defendant insurers fail to make payment as agreed in a reasonable time (3 months), your Solicitor could issue proceedings against them to force payment.

      Reply
      • Mel

        It’s been 9 weeks since settlement figure was agreed and still no further forward. Current solicitors (on a no win no fee) have said they will pass it their Meriut team to try to recover payments. Is 9 weeks classes as a reasonable time? And what options are likely to be avaliable to enforce payment? Am I entitled to change solicitors if it’s on no win no fee or do I have to stick to the current ones which seem to be slow?

        Reply
  110. Ricky

    I was involved in an accident on Saturday where another vehicle went into the back of our vehicle.
    They admitted liability at the scene but no police were called & we have no witnesses and he wants to settle the car damage outside of the Insurance.
    Once the shock wore off, my back has been in pain ever since. I’m yet to go to seek medical attention due to thinking the pain would subside, but the aches are still there. I have booked to go to the GP on Friday.
    Would you recommend seeking legal advice?

    Reply
    • Ian Morris

      We would 100% recommend that you DO NOT settle this matter directly with the 3rd party driver. It is understandable from their point of view that they wish to settle the damage to your car, but in doing so, that would undermine your rights and remove any proof or supportive evidence if you were to discover that your back injury was worse than you hoped and you later wished to make a claim for compensation.

      Undoubtedly, the best course of action for you would be to advise your own car insurers of the accident and allow them to deal with the vehicle damage element of this matter. However, you would be wise to keep any personal injury compensation claim separate to this and instruct a specialist in personal injury compensation such as us at Direct2Compensation to pursue a claim for your injuries and any associated loss of income or incurred costs.

      You mention no police involvement in this matter. That is not unusual in road traffic accident matters where the highway is not obstructed and there are no serious injuries or fatalities. Indeed, the police will not attend an incident such as the one you describe as long as both parties have exchanged details.

      You are wise to make a GP appointment regarding your injuries as it is important to ensure that any injuries and symptoms are checked and appropriately recorded in your medical records as that would provide important evidence for use in any claim for compensation that you were to pursue.

      Regardless of whether you wish to instruct my firm to help you make a claim for compensation or not, I would be very happy to further discuss this matter with you.

      Reply
  111. Paulfox

    I was in a crash where a bus pulled out in front of me. As a result, I was left suffering a broken wrist, broken clavicle, 11 broken ribs and a perforated bowel. The police have said I was going too fast for the road and overtook a car 100 yards before the bus pulled out. Does that mean I can’t claim personal injury compensation?

    Reply
    • Ian Morris

      You have clearly been badly injured in this incident and as such, it would seem reasonable and fair for you to pursue a claim for road traffic accident compensation.

      Whilst there is a police report in place that is not particularly helpful to your claim as it states that you were partially responsible, it does not mean that you cannot make a claim for compensation. My initial view is that the best outcome for you would be having to accept a portion of shared liability. What that shared percentage would be cannot be stated at this time, but given the severity of your injuries, it would still be worthwhile pursuing a claim further.

      Reply
  112. Armanirose

    A lady ran me and my daughter over 7 months ago. The police were called and I was taken to hospital so I didn’t get any of her details, but the police did. The lady hasn’t reported it to her insurance company and they asked for the 3 months investigation then 4 months down the line they are waiting on police reports. I’ve damaged my spine and the solicitor is not answering.

    Reply
    • Ian Morris

      On the basis of your description of the road traffic accident, it would appear that you have a valid claim for road traffic accident compensation and you ought to expect this to settle in your favour in due course.

      The insurers are within their rights to request a police report and there should be no reason why the evidence within that report does anything other than support your claim.

      If you have not already got a specialist Solicitor pursuing this claim for you, then please contact us. We’d be very happy to run this claim for you and have expert specialist road traffic accident compensation Solicitors available to represent you.

      Reply
  113. John

    Hi, i was in a car crash on 2/6/2017! The other driver has admitted full responsibility in writing in October 2017!! So should i still be waiting for my compensation after a year? My solicitor started court proceedings in may 2018

    Reply
    • Ian Morris

      The admission of liability in a claim for personal injury compensation is an important milestone, but it doesn’t always follow that settlement will come immediately. Without knowing the full details of your situation and injuries, it is of course hard for us to advise. However, it may be that the full extent of your injuries or losses is not yet finalised and therefore, your Solicitor may not be quite ready to settle the claim for you. Alternatively, the defendant insurers could be responding very slowly or the court schedule could be busy?

      Reply
      • John

        HI IAN thanks for the reply.

        All loses and medical reports was done and finalised well before christmas 2017. I had whiplash(moderate) injured both shoulders ,back and chest and left knee and concussion . 3 months off work. Why would the other side drag thier feet when they got all the evidence they need?

        Reply
        • Ian Morris

          It is hard to understand the delay on the basis of the information you have described, but there must be an issue of some sort that is holding things up. Perhaps the defendant insurers are not prepared to agree with the medical evidence or your Solicitor and they are unable to reach an agreed settlement value?

          I would suggest that you speak to your Solicitor regarding this issue and ask for a full explanation of the situation.

          Reply
  114. Christine Donaghy

    Good morning,

    Is it normal for a company to take over a year to respond with liability? My personal injury claim started last January 2017, and they still haven’t replied. Apparently they’re still investigating, though never asked for an extension in this case. Threatening letters have been sent to no avail.

    Christine

    Reply
    • Ian Morris

      It certainly isn’t normal for a defendant insurer to take a year to investigate a claim. However, it isn’t completely unheard of. However, it is very surprising to hear that they haven’t requested an extension in this case. It is common for an extension to be requested and granted, but not such a long extension.

      Do you already have a Solicitor acting for you?

      Reply
Direct2Compensation Personal Injury Claims

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We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.