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

128 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.

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

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Questions & Answers


  1. 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
  2. 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
  3. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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!

  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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
  33. 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
  34. 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
  35. 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
  36. 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.

  37. 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
  38. Mohammed

    I was a passenger of a vehicle that was involved in a crash, we was hit on the back door on the driver side by the police, I have been waiting 10 months for this claim to be sorted, all I get from my solicitor is that there has been no reply, I had to urge them to push it forward so they said they sent them court proceedings in which the third party again failed to respond, now I am being told that my solicitor had written to the court requesting a judgement in my favour, but I feel that my solicitors already know the outcome from the start and have just been wasting my time delaying this process so they can make more money, my representative is a trainee solicitor which has got me really confused… please help what can I say or do here to resolve this claim ASAP THANKYOU!!!

    Reply
    • Ian Morris

      Why do you feel that your Solicitors are not acting in your best interests? Remember, if you are instructing a Solicitor to act for you on a No Win No Fee agreement basis, they will not receive any funds until they succeed with your claim and their fees will not be increased simply because of the time that a claim takes to settle.

      If you do feel that your Solicitor has acted poorly, the very first thing you must do is formally complain to them in order that they can investigate your complaint and respond to you. If they are unable to satisfy your complaint, you should then escalate the matter to the Legal Ombudsman Service.

      Reply
      • Mohammed

        Thanks for the quick reply, it was the fact that the last 10 months all they would say to me is the third party has not replied, and when I said is there not a protocol for situations like this, I would just simply get ignored, and up until I complained over 7 times to my solicitor then they said they were going to go ahead with court proceedings…

        Now the third party failed to even acknowledge the court proceedings, I am now being told they will have to contact the court for my compensation…

        How long do you think this will take now?
        And what is this procedure?

        As my solicitor always ignores my questions and when I ring they always seem to be busy

        Reply
  39. 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.

  40. 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
  41. 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
  42. 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
  43. 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
  44. 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
  45. 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
  46. 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
  47. 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
  48. 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
  49. 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
  50. Elizabeth Holdgate

    I was a passenger in a cab. I have been in hospital with fractured neck spine plus cervical c5c6 disc has exploded and I have been traumatised. Had surgery. Three months on, I’m waiting to hear about my claim progress from my solicitor. The cab man excepted liability. Sent all my documents of the accident & updating my recovery. My question, is What happens now.? What is my injury likely to be worth?

    Reply
    • Ian Morris

      It is not possible to provide an honest estimate of the value of your claim at this stage as the long term prognosis will not be known and we do not have the contents of a medical experts report to review and consider – which is how the value of the injury element of a claim is equated and worked out. However, your claim is clearly of a high value given the lengthy hospitalisation and surgery you have undergone. This article might give you an idea of what amount you could expect for spinal injuries.

      Reply
  51. Manuel

    Hi i was a passenger in my friends car (they were the driver) who crashed into another car. The driver (my friend) had failed the breathalyser test which meant he was over the limit due to alcohol. I wasn’t aware he was drink driving. This accident happened a year ago. After the accident I suffered neck pain, shoulder pain and back pain but I did not attend hospital at that time. Although I was sore, my initial thoughts wee that the injuries were minor and that the pain would soon reduce.

    A few months after the accident, the stiff neck pain was still ongoing so I decided to seek some massage therapy to relax the muscles from my shoulder, neck and lower back which cost me quite a lot.

    On the day of the accident the police attended the scene took my name, and arrested my friend who was the driver due to drink driving. The driver has accepted liability for the other party (the other car crashed into)I have rang the police they have given me crime reference number but they said my name isn’t on the accident scene and they did reassured me the officer who took my name down on his book can still be chased and that can prove I was there. The point is my name isn’t on their database so what if they can’t find the officer who attended the scene because the police have said this incident was booked in by another officer. I do not know the name of the police officer that day of the accident. Also I did not go to hospital straight away at that time but after 9 months I had been to doctor they are aware of the accident and referred me to physiotherapy. My head was all over the place as I felt depressed from the accident and lost my job. Could you advice me if I have a claim?

    Reply
    • Ian Morris

      Clearly, pursuing this claim could be difficult as there may be problems proving two issues – firstly, your presence in the accident (due to the police log not being definitive in this area) and causation in that you didn’t seek medical attention for some 9 months for your injuries. This will allow any proposed defendant to argue that your injuries may have been sustained in another accident as you cannot prove otherwise.

      Reply
      • manuel

        I understand that i did not go to the hospital straight away because after the accident i was suffering from nightmares, anxiety and depression which i wasn’t aware off til i had medical help also my friend died in car accident. since the car accident i had lost few jobs due to depression this is when i realised i needed medical help. After 3 months of the car accident, I had been to doctor they have diagnosed me with anxiety and depression and currently taking antidepressants. I spoken to the police officer via telephone they have said they can trace the police officer attended the scene therefore this could prove i was there on the day of accident. The police officer wrote my name on their handbook and they do not throw handbook away (was told by the police). The police said sometimes they do not put passengers name on the scene but this can be traced if necessary. I have pictures of the accident. surely the other party (car crashed into) can say there was a passenger which can also prove i was there. Surely after the medical check they can see the damages caused on my neck muscles, shoulder and lower back. Do i have a right to claim compensation? you said the injuries can be difficult to prove but that time i was battling depression and anxiety and did not have the strength to put a claim. i remember 4 weeks after the car accident i signed with a law firm but then cancelled within cooling of period due to my mental health depression and anxiety.

        Reply
  52. 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
  53. 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
  54. 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
  55. 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
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