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

251 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.

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

Leave a question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Questions & Answers

  • Mick

    Hi, my case has been going on for a while now. I have changed solicitors for the 3rd time due to ongoing issues with the two previous solicitors, the last solicitor was 2 weeks from having my case statute barred because of their incompetence. The new solicitor has informed me the previous solicitors had agreed on a 50/50 split & he will be taking his fee from my compensation because of this. The amount he says will be up to 10% of my comp. Does this sound correct in your opinion.

    Reply
    • Ian Morris

      If a 50% split has been agreed, it of course reduces the settlement that you will receive and once the Solicitors fees are taken, it will further reduce the same.

      It would certainly appear that the previous Solicitors have been negligent and it may well be worth seeking to pursue action against them for professional negligence in order that you can recover further damages that their negligent handling of your claim may have otherwise prevented.

      In terms of your current Solicitors fees, ask them for a breakdown of their total and refer to the original Conditional Fee Agreement you signed when instructing them in order to ensure that they are charging correctly. Should you identify any discrepancies in their charging, make them aware of the same.

      Reply
  • mark

    Hi Ian back again,i think the firm of Solicitors representing me is using stalling tactics, with regard to the settlement of my daughter’s personal injury claim. After the third party insurers admitted liability, they offered a settlement amount which we refused to my wife, we put in a counterclaim which they agreed and paid within a few days, money in my wifes account via BACS payment within 48 hrs, Now 7 weeks later my daughter is still waiting for her settlement after our solicitor advised us to refuse the initial offer made to her and put in a counterclaim as we did for my wife. When I contacted my client handler she said they have all the relevant documentation and were waiting for a response from the third party to come back with a revised offer. I asked why the delay? she told me they have 21 days to respond, that’s now past, still, no response so they have told me they will issue court papers and sent me a bundle of documents to sign for help with court fees., even after we have already issued court papers initially. When i offered to contact third party insurers to enquire about the delay they refused to give me case number or contact details and told me that my daughters’ case may have to go to Infancy court for a judge to place her compensation in trust, strange they told me this now after 6 months. To cut to the chase i feel my daughters’ personal injury claim has already been settled, and the firm representing me is delaying payout after I made several complaints following your advice, on their hidden agenda costs. Any ideas on how to resolve this?

    Reply
  • Valerie

    It has now been 15 months since I first made a claim for an accident that was not my fault. I have submitted photographs and I’ve had an interview (which was not very good!) with a Doctor and submitted medical records twice but I am still no further on. I wonder if you could give me some advice on what to do next. Thank you.

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you? If so, have you discussed the situation with them and asked why the process appears to be going extremely slowly? It could well be that the defendant is dragging their heels in the hope that you will eventually just want to settle the case for a lower value than you should get – with that in mind, it’s important that you stay the course to ensure that your settlement is maximised.

      It is important to point out that the claims process is a lengthy one and that most claims will take 18 months or more to process from start to settlement. There are a few reasons for this and one of the main ones is that the framework within which personal injury claims are made affords defendants lengthy periods to consider and respond to various stages of the claim. Another issue is that it is important to ensure that the full extent of injury consequences and losses caused by the at fault party in the accident are fully understood.

      On a more positive note, the fact that you have had a medical assessment indicates that liability is admitted and this should mean that you’re not too far away from reaching settlement.

      Reply
  • Jerry

    I had a motor accident in early June in which I admitted liability, my insurers contacted me in August to tell me that the claimant had put in a further personal injury to the claim. Today Early September I have received a letter from the claimants insurers, telling me that unless my insurers settled the claim promptly then court proceedings would be started against me. It has only been two weeks since the additional claim was put in so my question is how much time are my insurers allowed to respond before court proceedings are initiated against myself.

    Reply
    • Ian Morris

      The correspondence you have received from the 3rd party is unacceptable and they have not afforded your insurers anywhere near a reasonable period of time to respond. Have you informed your insurers of this?

      Reply
  • ian

    after surgery it has now been decided to amputate my foot. 3rd party has been aware of this for 8 months and have yet to respond.
    should i have to wait this amount of time in pain and lack of having a sensible lifestyle ?

    Reply
    • Ian Morris

      If you have a Solicitor acting, have they discussed the prospect of issuing court proceedings to compel the defendants to cooperate and further discuss the claim and consequences of your injury?

      Reply
  • Ewelina Koscielniak

    I wanted to ask for your advice. I had an accident last December. While I was waiting for the light to change from red to green, a driver hit the back of my car. As a result I bit my tongue and had pain in my back. The speed at which the driver was travelling was no more than 10 miles per hour. Despite this low speed, I suffered a spinal injury. The solicitors who dealt with the case took the case to court and to date I have not received any compensation money because the other party insists that the accident was not serious enough for me to suffer any injuries. As the person responsible for the accident reported” her daughter was not hurt during the accident”. They do not agree with the proposed amount. I must admit that this is very stressful for me. Since then I have had constant problems with my back. I couldn’t sleep, sit or even stand, until I went twice, privately, to a chiropractor. It was only after this visit that the pain in my back stopped. As I mentioned earlier, I find the whole situation very stressful. I am the victim and I feel accused of lying. I would like to know what it would be like in court. Because this is my first accident and my first situation. Do I have to go to court in person? Or is it just my lawyers who are guiding me? Please advise me on what to do? Thank you

    Reply
    • Ian Morris

      The scenario you describe is a very unfortunate one in which a completely innocent victim of a non-fault car accident may find themselves. Clearly, you did not cause the collision and are not responsible for the consequences of this. Indeed, the defendant insurers are not denying that there was an accident that was the fault of their insured. They are however arguing a case of ‘low velocity impact’ (known as LVI) in which they will argue that whilst there was a collision, there was insufficient force to cause personal injury.

      Whilst there is no definitive evidence to support the defence mounted, there is also no definitive way of proving the opposite. With this in mind, a claimant Solicitor may seek to put the matter before the courts to decide whether the claim should be upheld or declined. If you have no previous history of medical attention for upper back/neck pain and sought medical attention shortly after the incident, it is likely that a Judge would find in your favour so long as you are acting honestly and with integrity. As such, you should allow your Solicitors to proceed to court – and you may well find that the defendants drop their defence if so and negotiate a settlement in your favour.

      It is unlikely that you would need to attend court, but if you were needed, your Solicitor would guide you through the process and it would simply be a case of giving your evidence and presenting your story and credibility to the Judge.

      Reply
  • Leanne

    Hi Ian. My mother had a fall on a privately owned pathway outside of a shop and I am acting on her behalf. The owners insurance company have denied liability using McGeown Vs Northern Ireland Housing Executive (1994) as their defence as the pathway had been adopted as a public right of way for over 20 years. They responded to me on the 90th day with their liability decision. I have appealed their decision based on a notice they have in their window which contradicts their claims to dedicate the pathway to public use. Do they now have a timescale they have to adhere to, to come back to me with their updated liability stance?

    Reply
    • Ian Morris

      There is not a specific timescale in this scenario but it is usually a fairly speedy process.

      Reply
      • Leanne

        Thanks for your reply.

        Do you think i have a valid case with there being signage in the window indicating the area is for staff to park their cars?

        Reply
        • Ian Morris

          As long as the area is not marked as private property and no access, the claim can proceed and the outcome would be decided on the standard basis of whether the owners were negligent.

          Reply
  • Lou

    I was driven into and in my claim the third party are asking for bank statements. I feel this is way to personal and not right. Can I refuse?

    Reply
    • Ian Morris

      The defendants request for bank statements is likely to be either to prove your ID and address or to understand any loss of income or costs claim you may be making.

      Reply
  • Fay

    I had an accident a year ago where I fell through the landing ceiling in to the room below after floor boards were fixed poorly by my housing association. I have had to have surgery because of this so I made a claim against them. In April 2021 they denied liability claiming that the person who fixed my landing floor boards has a good work track record, so therefore they would have not done a bad job. As such, they are implying that I must of tampered with the flooring, which of course is utterly wrong. I am disabled and wouldn’t even have enough strength to do anything like that.

    Since the denial of liability, I have heard nothing further from my solicitor and I’m not receiving any replies when I query what happens now. I’m just wondering if this is normal? What usual happens after liability is denied?

    Reply
    • Ian Morris

      It should not be the case that you cannot make contact with your Solicitor and they really should respond to any queries you raise with them. Have you tried contacting them in writing?

      When a denial is made by a defendant, a Solicitor will consider the denial given and what evidence the defendants have raised to fight the claim. If the evidence seems weak, the Solicitor will immediately highlight the problems. If the evidence seems strong, they will discuss the ramifications of the evidence and denial with their client to see if they can work out a viable way forwards and may close the claim.

      In the case you describe, it would seem that the Housing Association have no evidence and are simply saying that they have no previous issues of this type.

      Reply
  • Santiago

    Hi Ian. If i got into a road accident (someone t-boned me on a roundabout, their fault) in Feb (Insurance had started November) and my insurers say its a write off within a week. Why are they now saying they cant refund the diff of the yearly cost of my insurance because they finished their investigation in June. They already gave me half the money, and know it is not my fault. I feel this is not legal as there was nothing else to investigate.

    Reply
    • Ian Morris

      In many respects, it seems that insurers follow their own rules and show scant regard for their customers. I can’t answer why your insurers are taking the stance that they have.

      However, if you were injured in the accident, we can help you to claim compensation for your injuries and as part of the claim, we could seek to recover any out of pocket losses or costs you have incurred through no fault of your own (including the car costs) by way of the special damages element of your claim.

      If you were injured, you can start your claim for compensation via our website.

      Reply
  • Lisa

    I was awarded an interim payment while my claim is being dealt with, how long does it take for this payment to come through?

    Reply
    • Ian Morris

      There is no set timescale, but the usual process would see the interim settlement being with you in 3-4 weeks after agreement on the amount is reached.

      Reply
  • Elizabeth

    My injury claim was approved and put to insurers to pay my compensation to my solicitors 6 weeks ago but won’t pay it and not replying to the solicitors at all.

    Reply
    • Ian Morris

      Your Solicitors will undoubtedly be issuing deadline to the defendant to cooperate and if this deadline is not met, the Solicitors will have to issue proceedings so that the courts can compel the defendant to cooperate and settle your claim.

      Reply
  • David

    Hi was involved in R/T/A 4th August 2020 where driver drove off not finding out who hit me I had a witness who backed me up I was injured my insurer Esure first put me in touch with IME Law as driver was not found IME Law stated I had to deal with MIB they I understood got fraud team called Cotswold to do myself live video with one of their people as to what had happened this was well over month ago I have emailed Cotswold and both my insurer and IME Law to ask what’s next procedure for compensation none of the three have had decency to answer my email where do I stand or better still who do I complain to.

    Reply
    • Ian Morris

      As IME Law are your representative, any complaint should be addressed to them. You can contact them to request details of their complaints policy that should explain how to complain and how they will deal with any complaint. If they fail to uphold your complaint or handle it correctly, you can then escalate the complaint to the regulatory authorities and the legal ombudsman service.

      Reply
  • Sharon

    Hi Ian, after having a car run into the side of me whilst turning into my drive the 3rd party is denying responsibility. He gave a statement of truth that his insurers sent a copy to me, this was a total pack of lies and at that point my solicitor sent to them cctv evidence showing the accident in full proportions. The cctv confirms my version of events and their insurers then changed their version of events stating a totally different story. They are still refusing liability and very slow to respond to my solicitor, this has been ongoing now for 20 months. After having all the medicals from specialists for different injuries and all the reports back from them my solicitor is now in the process of valuing my claim. He feels now we may have to start court proceedings once he’s finished the value, what’s the chances now of me winning my claim with the cctv evidence I have and also what kind of time scale am I looking at from now would you think ?
    Many Thanks for taking your time to look at my questions.

    Kind Regards
    Sharon

    Reply
    • Ian Morris

      You are unfortunately having to deal with an unreasonable defendant insurer who seem to be refusing to cooperate properly with your Solicitor and it is therefore correct for your Solicitor to now have to consider issuing proceedings against the defendant and force them to court.

      Whilst this is not ideal in that it could cause a further delay (you’ll have to wait to see when a court hearing date is available), it would seem that you have a strong case and good evidence to support your version of events. With this in mind, I would anticipate that a Judge will not look kindly on the actions of the defendant insurers and may well rule in your favour.

      Reply
  • Paul

    Hi Ian. Accident at gym. Brain damage. Claim already at court proceedings. Now solicitors say the gym have a inspection sheet for the equipment and shows it was inspected within a week prior to the accident and now do not seem to want to carry on with the case. I cannot even get a reply from them. I am at a loss why this was not mentioned 2 years ago. Other solicitors do not to want to touch it now as this firm have already “done too much work” and will want paid for it all. Witnesses, cctv and photos of the unsafe/damaged/faulty whatever you want to call it equipment the lot. Spent the past year telling me how big the claim would be hence the constant questions about my condition and medicals. Feels like something dodgy is going on like a backhander from insurance company the sudden Uturn is mind blowing!

    Reply
    • Ian Morris

      Although your concerns are understandable, you have no evidence upon which to base any such claim. Unfortunately, as the defendant has provided robust evidence in defence of any allegation of negligence, it would seem that you are left in an unfortunate position and cannot seek to take this further.

      Reply
  • Jake

    Hi I’m currently going through a injury at work claim my old employer has accepted liability and I have completed my medical I have declined my first offer 2 months ago.
    How long do insurance companies have to re offer me a settlement fee?

    Reply
    • Ian Morris

      There is no defined timescale for a new offer.

      Reply
  • Anna

    Hi Ian, thanks for your response. In answer to your questions, we haven’t had written confirmation from the defendant but I do have written confirmation from our insurance company. I’m not entirely sure as to what they have received, as frankly they have been terrible and made the experience all the more worse. I assume they don’t know just take a call and then offer us the claim, they go through a channel of written communication or filling in of documents. I’m not entirely sure.

    We haven’t any witnesses as it was parked in a side street, we did try to seek CCTV but it wasn’t working at the time so we were unable to obtain. He has admitted he has done it and we have evidence of this but not written, verbal, but then went back over and now saying how we described it isn’t as it happened, the car was stationary, parked up in a parking bay, with my children inside and my husband at the boot. We’re not really sure how this can be argued?

    Reply
    • Ian Morris

      It would appear to be nothing more than a blatant attempt at time wasting or to try and wriggle out of liability and is obviously very frustrating.

      Have you complained to your insurers and placed pressure on them to escalate this matter and have a senior person within their organisation take over the handling of this matter?

      Reply
  • Anna

    Hi Ian, we need your advice. In December 2020 someone drove into the side of our car, we went through the correct protocol, took photos, exchanged details and proceeded through our insurance. We thought a simple claim, how wrong. Anyway to cut a long story short, eventually, in March, we were told the case had gone in our favour and we were rewarded our excess and no claims back. We have just had an email from our insurance company saying the other party now doesn’t want to admit fault, after we’ve had confirmation, and now what all their money back. Can they do this? It’s been so frustrating and pretty distressful for all of us as they drive into the side of the car when our children were in and we were stationary. We’re at a loss what to do and this doesn’t feel right. Can you help?

    Reply
    • Ian Morris

      If the defendant has made a previous admission of liability in writing, it is extremely difficult for them to then successfully roll back on that and seek to reach an agreement of split liability or even full liability against yourselves.

      Do you have any independent witnesses to the collision? Is there any dash-cam footage of the incident? If so, this could help you to demonstrate that the defendant is now acting unreasonably.

      Reply
  • Susan

    The other party admitted from the start of my claim. I have signed for to agree with the contents of the medical report and my Solicitor is now going ahead to approach other party to discuss the settlement amount for my claim. The Solicitor has said that this could take up to 7 weeks. I don’t understand – when she says that it could be up to 7 weeks, does it mean could happen before? Once the settlement figure is agreed, what happens next?

    Can someone please explain as my solicitor isn’t very helpful! Thank you

    Reply
    • Ian Morris

      Now that liability is admitted and you have agreed with the medical report, negotiating settlement for your injuries and recovery of any losses or incurred costs (such as a loss of wages) is the appropriate step to take. The issue now will be whether the defendant accepts the medical report or whether they wish to question anything within it. Obviously, if they question some or all of the report, that will delay matters. However, assuming that they accept the report and your special damages claim, an offer should be forthcoming pretty quickly. If that offer is acceptable, it could well be done within the 7 week timeframe. Again, if they make a derisory or undervalued offer, you should reject that (your Solicitor will advise you appropriately) and seek a more reasonable settlement. Whilst this would undoubtedly delay proceedings, it would be the best course of action.

      Once settlement is agreed and you have signed to confirm the same, you should have settlement within 3-4 weeks.

      Reply
  • Ross jenkins

    My wife has accepted the first offer from insurance company relating to an car accident she has now been waiting 7 weeks for payment and her solicitor says there is nothing she can do to make the payment forthcoming is this correct that the solicitor can take no action?

    Reply
    • Ian Morris

      The Solicitor is correct to a point – at this stage certainly – as although slow, the courts would not find that the insurer has been unreasonable – yet! However, if the settlement is not forthcoming within the next few weeks, it may then be appropriate to consider further action to compel them to settle the claim.

      Reply
  • Fiona

    How long is a reasonable delay for a response from a third party insurer after sending your counter offer?

    They offered a very small amount (about a fifth of the claim value) in December 2020 which we rejected. We went back with a counter offer for the full value of the claim in early March. We still haven’t had a reply. This claim has been dragging on for 2 years and 9 months despite liability being admitted in full more than two years 5 months ago.

    All the medical, vocational and occupational health reports were completed a year ago. My life is in limbo because I can’t move forward until they settle this claim.

    We have had no compensation for care or equipment to support me or the family and we are considerably out of pocket. My solicitor has advised that we are waiting for a response before we can take any action. But can we reasonably ask them for an update? They seem to move at their own pace while I get 14 days to respond every time we communicate.

    Reply
    • Ian Morris

      This is a common thread of frustration within the claimant sector of personal injury. Solicitors and clients are held to one set of requirements, whilst defendant insurers seem to be able to do what they want at their own speed.

      Whilst this is a frustrating situation for you, your Solicitor is acting correctly. However, if the defendant continues to fail to cooperate or act reasonably, your Solicitor will eventually issue proceedings against them and put the valuation of your claim (and the insurers contemptible conduct) before a Judge. The reason for delaying doing so is that courts are known to be very accommodating to defendant delays and it is therefore important to be in a position that you can show that you have been extremely patient with them and given every opportunity for the defendant to act correctly.

      Reply
  • Thomas

    Hi Ian I’ve sent all the information over to my solicitor regarding my whiplash claim as he needed to give the courts all of the information. This was nearly 6 weeks ago and I haven’t received any news from my solicitor. I’ve emailed my solicitor, but I’ve had no response yet. Do you have any idea as to how long it takes before the courts make a decision?

    Reply
    • Ian Morris

      It is very difficult to answer your question with any certainty as it will depend on whether there is already a hearing listed or whether your Solicitor needed that information to then apply for a hearing in court. If it is the former, the courts will make a judgment on or shortly after the listing date. If a hearing is yet to be listed, you’ll need to wait for the court to agree a date for the hearing.

      Reply
  • Lilly

    Hi Ian,

    Thanks for your reply. They have said they have sent them two letters that state they will take the matter to court if they do not pay. The second letter was sent in march, I’m planning on calling them this week to see if they have any information but not sure what to say if they say nothing has changed.

    Reply
    • Ian Morris

      I would anticipate that if there is no active response to the 2nd Solicitors letter, the Solicitor will be minded to launch court proceedings.

      Reply
  • Lilly

    Hi,
    I received a letter on the 14/1/2021 to say my claim had been settled and to expect the funds in 3-4 weeks. Its almost been 15 weeks* and the third party insurance has not released the funds. Is there anything that can be done about this? Or is it a case of continuing to wait?

    Reply
    • Ian Morris

      There would appear to be no reasonable excuse for such a delay in releasing settlement. Has your Solicitor been chasing the settlement?

      Reply
  • Karl

    If a insurer fails to make a reasonable offer does that mean they deny liability?

    Reply
    • Ian Morris

      A failure to make a reasonable or acceptable settlement offer is different to a denial of liability. If settlement is offered, but you/your Solicitor do not agree that it is a reasonable or fair settlement, liability is probably admitted already and it is just a case of negotiating to reach an agreed settlement. If an agreement cannot be reached, the matter would be placed before a court to make an award of damages.

      Reply
  • Phil

    My claim has been acknowledged by the 3rd party back in December and requested further information to support my claim, I still haven’t heard anything from anyone since then and don’t know what to do?

    Reply
    • Ian Morris

      As the defendant has acknowledged the claim and required further information, it is likely that they would require 90 working days to then ‘investigate’ the claim on receipt of the additional information. As such, you would anticipate that a response would now be due.

      Reply
  • Asim

    I accepted a very low offer due to financial strain at the time, it was acknowledged and I was given a 30day time frame in which I would receive the cheque. It has almost been 3 months since then and I still haven’t heard anything. All my solicitor says is that he cannot get through to them and it is unacceptable!!! Is there anything I can do to chase this up myself and because of the huge delay, is there any possibility of revoking my acceptance due to the financial stress this whole situation Has caused. Surely they have breached part of the contract by taking so long.

    Reply
    • Ian Morris

      I would strongly advise that you speak with your Solicitor about this and see whether the acceptance can be revoked and the matter put before a Judge.

      Reply
  • Simon

    Hello,
    I had an accident in December 2018 where i was hit in the motorway by a drunk driver, the impact on my vehicle traveling at 70mph crashed the 5 door hatchback upto the back of the drivers seat.

    Now more than 2 years down the line my solicitor has passed the final details onto the insurance company but after 21 days they haven’t replied.
    My issue is my solicitor seems reluctant to now begin court proceeding and has suggested we wait a further 28 days.

    Do you think they are following guide lines or are my Solicitors hindering my claim?

    Reply
    • Ian Morris

      Although your frustrations are completely justified and understandable, your Solicitor is acting correctly in affording the insurers an extension. This is most likely to be the quickest and best way to resolve this issue as the defendants are likely to return with an offer within that timescale. However, if they do not return in the extension period, it would then be reasonable to issue proceedings against them to compel them to cooperate.

      Reply
  • Rebecca

    My solicitor seems very dodgy! After having a ‘mix up’ I ran out of the 21 days to accept or decline my offer as I recieved the offer on day 20, without even knowing it was day 20, assuming it was day 2 from the letter date.

    Now after a long process of her being conveniently ‘out of Office’ when I needed her the most to try and accept the offer quickly and see if i was going to recieve all these charges that was stated in my offer if I didn’t accept, I was very concerned and worried!

    Anyway, now a cheque is being made to me, but is going directly to the solicitor for them to then pay me via bank transfer, is this the normal procedure? Thanks

    Reply
    • Ian Morris

      In terms of the settlement, yes, the standard procedure is for settlement to be paid to a Solicitor and then banked in their client account before funds are passed to the claimant. The client account should prevent the Solicitors from using the funds for their own purposes.

      With regards to the conduct of your Solicitor and your concerns as to their handling of your claim, you can make a formal complaint about that and if that does not reach a satisfactory outcome, you can escalate the complaint to the legal ombudsman.

      Reply
  • Imran

    I have had an accident on 23rd Oct 2020. It resulted in my Vehicle being damaged. The insurer has tried contacting the Driver for a response to the allegations and have had no response. The 90 days period has now expired in which the Driver could have responded. Today I have recieved an email from the insurer that they will send another 14 days final notice to the Driver before being able to settle the claim. However today is 15th Feb 2021 when the 90 days period expired on 26th January. I did not agree to any further extensions. Has the insurance Co the right to do this without my agreement? And what are my rights at this point in terms of complaints for so much inconvenience and stress during the customer journey. There is no injury claim

    Reply
    • Ian Morris

      The insurers and their legal team are acting correctly. Whilst the deadline has passed, it is normally expected by the courts that a claimant will offer an extension and be seen to have given every (and ample) opportunity for the 3rd party to cooperate and respond. Therefore, this deadline appears to be the correct course of action. However, we can understand that this is frustrating from a claimants point of view.

      Reply
      • Rebecca

        The exact thing happens to me. But it has been 6 months.. is that legal?

        Reply
        • Ian Morris

          It is not illegal, but it is unreasonable and your Solicitor should be seeking court action to compel the other side to cooperate with you.

          Reply
  • Paul

    Hi I was involved in a rta the third party accepted liability i finished my physiotherapy and my solicitors have made a offer on my behalf but 21 days have passed and my solicitor is now issuing court proceedings why would third party solicitors do this if liability has been accepted and what would the process be from here thanks

    Reply
    • Ian Morris

      Perhaps the defendant Solicitors disagree with the amount of compensation being claimed or do not consider that the impact that happened is consistent with the injuries being claimed for. Alternatively, if the defendant Solicitor is not cooperating or responding, your Solicitor will issue proceedings to compel the defendant to cooperate.

      Reply
  • Connor

    Hi I fell 18 foot off a ladder what another guy put up it was on his land and he has admitted full liability because he put ladder up how long do you thing this will take to process? Connor

    Reply
    • Ian Morris

      Have you started a claim already? If not, please call us on 01225430285 or ask us to call you if you prefer so that we can help you make your claim for compensation.

      Injuries sustained in falls from height from a ladder can be serious and the length of time a claim will take will depend on the severity of the injuries and whether or not surgery is needed or if a full recovery is made. Generally speaking, a claim will take a minimum of 12 months to process, often longer in cases where the injuries or losses are more extreme.

      Reply
      • Connor

        Yes, I’ve had two major operations and was in hospital for 7 weeks. He has told his insurers it was his fault and I’ve told my insurers the same too. It’s been going on since October.

        Reply
        • Ian Morris

          Are you dealing with the insurers yourself or do you have a Solicitor acting for you? The timescale you mention would not be something I would be concerned about as making a claim – especially in your situation with such serious injuries. I would imagine that your claim would take quite a long time to process to completion, as in a good couple of years. The reason for this is that you need to see how much recovery you make and what long term impact the injuries will have on you and your ability to work and be active in the future.

          Our specialist Solicitors would be more than happy to take over the claim for you on a No Win No Fee basis and this would mean that you could focus on your own recovery whilst allowing a dedicated specialist personal injury Solicitor to ensure that your legal rights were being upheld and that the appropriate medical evidence and experts reports could be in place to ensure that your compensation settlement fully accounted for the severity of your injuries and also your loss of income and costs. Another benefit of having a specialist Solicitor acting for you would be that they could also seek to obtain an interim payment as soon as liability had been admitted. This may help with immediate living costs or financial difficulties you are in due to the injuries and enforced period away from work. Further, the Solicitor could seek to obtain specialist rehabilitation therapy to help you maximise your recovery at the earliest opportunity – all at the expense of the defendant insurers.

          Reply
    • Nathan

      Hi I made a claim to the mib on the 27 of may 2017 and is know the 22 of January and Iv still not hear anything I had to get my solicitor medical records. How long do the mib take to payout. Thanks

      Reply
      • Ian Morris

        There is no specific timeframe for any claim, but one would usually expect a claim with the MIB to take somewhere between 12-24 months to settle.

        Reply
        • Nathan

          Can i do anything to make settle now. Iv been interviewed by mib. Iv been Examined 3 times for my injuries. Can I have my say in any of the discussion.

          Reply
          • Ian Morris

            You can ask your Solicitor to settle the claim at the earliest opportunity.

  • Dan

    Hi, I started up a personal injury claim around 3-4 months ago, I have read that the defendant has 3 months and 21 days to respond, last time I heard from my solicitor was over a month ago, I’m wondering when I will be updated on what’s going on, also if the defendant doesn’t respond does that automatically mean he accepts liability for the incident, thanks Dan.

    Reply
    • Ian Morris

      A lack of response is not an admission of liability. If the defendant fails to respond to your Solicitor within the time period, the Solicitor is likely to provide an extended deadline in the hope that the defendant will begin to cooperate. However, if the extended deadline is missed, the Solicitor may be forced to issue court proceedings to compel the defendant to cooperate with the claim.

      Given the timescale you mention, you should expect some correspondence from your Solicitor fairly soon.

      Reply
  • Rich

    Hi myself my wife and 2 sons were involved in a head on car accident 2 years ago, the other car veered on to our side of the road and hit us head on sadly the driver of the other car passed away in hospital that evening and her insurance company have yet to admit liability, how long should this take?

    Reply
    • Ian Morris

      I would have expected an admission on liability by now as so much time has passed. Do you have a Solicitor acting on this matter for you? If not, contact us for further help.

      Reply
      • Rich

        Yes I have a solicitor acting for us but to be honest they are useless and they don’t fill me with confidence, they sent us to see the medical people earlier this year2020 but they had sent us the messages from the time we saw them in 2019 so a waste of our time

        Reply
        • Ian Morris

          Make sure you complain to your Solicitor via their complaints policy. If they do not resolve your concerns, you can then escalate the complaint to the regulatory authorities and ombudsman and seek to switch to a new Solicitor.

          Reply
  • Sally Musson

    My solicitor obtained a court order, re a personal injury claim, for the defendant to make disclosure information available. The defendant gave the disclosure information but did respond regard liability. My solicitor keeps chasing for a liability response which is not forth coming. It is 2 months since the court ordered disclosure. How would you advise to proceed?

    Reply
    • Ian Morris

      I would imagine that your Solicitor is monitoring the defendants timescales and if needs be will chase them and potentially return the matter to court to compel them to provide a response on liability.

      Reply
  • Rudolf Hawkins

    How long after a CNF is submitted will you get a response?

    Reply
    • Ian Morris

      A claimant can expect a response within 30 working days or if not, within 3 months.

      Reply
  • Kevin

    Hi, I hope you can give me some much needed advice ? On the 10th of June this year myself and my son were involved in a Road traffic accident involving an HGV vehicle slamming into the rear of our vehicle in which I was the driver and my son front passenger , our was obviously a total write off , I recieved back and kidney injuries and was told by the Doctor that he expects my back injury to take around 8 months to recover fully so my claim has been placed on hold until Feruary . However my 18 year old son that received whiplash injuries has not heard anything since seeing the claim Doctor , I cant see why his claim hasn’t been settled, he has explained to the Doctor and the solicitor that his neck was ok after about 3 weeks . However the solicitor is totally ignoring any messages regarding my son’s claim and the length of time that the claim settlement is taking . What if anything can I do about the lack of contact from the solicitor? Thank you in advance, Kevin.

    Reply
    • Ian Morris

      As a starting point, you should write to the Solicitor (and request a written response) as to their perspective on the claim and why they do not feel able to conclude the matter at this point.

      It could be that your Son’s injuries are deemed insufficient – unlikely, but possible. In normal circumstances, a recovery period of less than 4 weeks may well see a claimant ruled out of pursuit of personal injury compensation. Severity of injury is certainly a consideration.

      Perhaps more relevant is the short (in terms of the claims process) period of time between the accident date and now. Typically, even the more straightforward personal injury matters – such as this would appear to be – do not settle within 12 months of the incident. This is not because Solicitors are trying to inflate fees (they work on a fixed cost basis – as would be explained within the CFA you signed to instruct them to act) but because of the protocols and timescales set out for the handling of such claims – both on the claimant and defendant side.

      If you believe that your Solicitor is not acting correctly, it is important that you raise a complaint with the firm. The firm should have a complaints policy available on their website and can help you get to the bottom of what is going on if you doubt what you are being told (or not being told!) by the Solicitor handling the claim.

      Reply
  • Karen

    Hi I had a accident at home due to a leak that the council didnt fix even though I complained about it..I slipped on the water and my knee has a torn ligament and I’m waiting for an op.i put in a claim over a year ago and my solicitors is waiting for the defendants to admit liability, and is chasing them for an answer but it is taken forever. Can you tell me how long It will take to get a decision?

    Reply
    • Ian Morris

      Unfortunately, this is a ‘how long is a piece of string’ question and there is no definitive answer. I assume that the defendant has denied liability initially and your Solicitor is fighting them on that. As such, it is impossible to say as it will depend on the other sides responses. However, given that a year has passed, we would hope that you are close to the stage where they will have to admit liability.

      Reply
      • Karen

        Thank you for your reply and your help. They didn’t deny liability. They were taking a long time to do their investigations and inquiries and asked for a longer time to complete them.I also submitted more pictures as the leak is still in the kitchen. My solicitors gave them a extension in june ,they then said they completed them. The councils insurers said they are waiting for their position on liability that was in june and they have been chasing both been chasing them for a decision ever since .my solicitor said they were going to make a court application but because of the current covid situation, they said thought it not best. So I suppose I just have to wait. Do the council usually take this long?

        Reply
        • Ian Morris

          I understand your frustrations and it is disappointing that the other side appear to be taking so long. Of course, covid will probably have caused some of the delays here – with people having to work from home etc. However, it should be possible for this to be resolved.

          Your Solicitor is clearly considering court action – but is right in that it may be prudent to wait. The courts are way behind due to Covid, so a court hearing itself could be some time away.

          Reply
  • Georgia

    Hi
    I submitted a personal injury claim on behalf of my daughter on 14th October. My solicitor said the other party have 21 days to make an offer but it’s now been 58 and still no update from the solicitor. I have contacted the solicitor who said they haven’t received an offer yet.
    What do we do now? Is there a time limit for response from the other party?

    Reply
    • Ian Morris

      This a quirk of the current system (portal) that Solicitors must use when pursuing claims for personal injury compensation. When a claim is submitted, the defendants have 30 working days or if needed (you won’t be surprised to hear, they all need longer), a period of 3 months to investigate the claim before they must respond.

      Reply
  • Dave

    My daughter was involved in an RTA in June 2020. Her insurer wrote off her car and payed us for this. The insurer stated my daughter was not at fault for the accident, but the other party has started a personal injury claim. At the RTA, my daughter was trapped in the car and had to be freed by the fire service, and checked by a paramedic, whereas the other party was not required to be checked by the paramedic.

    We are still waiting for the personal injury claim to be decided. We can get no information via our insurer, except that they have stated they have been waiting since June to hear details from the other party’s solicitor. They also state that the other party has 3 years to defend the claim.

    1. Is this correct (3 years)?
    2. Can we instruct a solicitor to investigate the personal injury claim?
    3. Can my daughter get insurance while we wait to hear?

    Reply
    • Ian Morris

      We can certainly help your daughter make a claim for personal injury compensation on a No Win No Fee basis. We have expert specialist Solicitors able to make sure that your daughters case is handled properly and ensure that the defendants attempts at pursuit of a claim will be thrown out.

      In terms of making a claim, any person has a right to make a claim if they are the non-fault party and they can do so within 3 years of the date of the accident – or within 3 years from the date of their 18th Birthday if the accident happens before they become 18.

      To get further help from us, please use our ‘start your claim for compensation‘ form and we’ll be in contact to explain our service and what our specialist Solicitors can do for your Daughter.

      Reply
  • Godfrey

    Hi,
    I have been involved in an accident. I hit a car that stopped on the A34 in the dark and left in the road in the centre of the lane.
    Due to the fact that the car in front of me and directly behind to stationery car pulled outta the last minute I have only seconds to make a decision.
    I decided to pull out to the right but clipped the stationery car on the right at the back.
    We did not discuss blame or responsibility. I was at the time insured bu Aviva.
    When I approached them they said that I was not insured for the ‘new’ car that I was driving so they refused to act on this matter in any way. At the time I was considering possible claim against the driver of the stationery car but decided at that point not to take anything further because of feelings of compassion for the woman who was responsible for the other car and had been caught up in the affair with her son , who seemed to be on his way home from school. Though it was early evening, it was already dark. I have not had any discussion with the driver or their insurer since then, 13th September 2018. However, I have just received a claim plus costs. I am somewhat aggrieved as they are asking for funds from me, which I do not have and can’t afford as I am an unemployed, retired teacher and pensioner. What can/should I do?

    Reply
    • Ian Morris

      If you were uninsured at the time of the incident, you will have to demonstrate that you are not in a position to meet the costs of the claim made against you. Although the vehicle that you collided with may have been obstructing the highway, you have responsibility to be able to brake or avoid any vehicles in your path and as you have accidentally collided with the vehicle in question, you would appear to be liable in this matter.

      Reply
  • Katherine

    Hi I was involved in a collision in October when someone reversed into me. They accepted fault straight away and my car was wrote off. Received cheque for car but haven’t heard anything about my passengers whiplash claims. Does this take longer? Thanks

    Reply
    • Ian Morris

      Claims for personal injury compensation take far longer than a claim for vehicle damage or loss. Your passengers are unlikely to see their claims settle within the first 12 months.

      Reply
  • Tom

    I was in an accident end of September 2019, I was waiting at a junction when the other drive cut the corner slightly and clipped the front of my car with the back end of his. This was all caught on dashcam and submitted to my insurers the day after. I haven’t claimed any injuries, but the other drive claimed 4 passengers (although dashcam shows he did not have 4 passengers and this was reviewed by an independent fraud investigation). The fraud investigators reviewed my evidence during October or November 2019 I can’t quite remember, but I’m yet to have my claim settled / resolved. Should I be worried that it’s 13 months past the incident? Every time I chase my insurers they tell me they’re still waiting for the third party insurers to respond to all our evidence, but surely they’ve had long enough now?? I had to pay £750 excess and I currently feel like I won’t see a penny of that back.

    Reply
    • Ian Morris

      Although it is most likely that this will be resolved in your favour, the timescale is clearly frustrating. Have you spoken with the Insurance Ombudsman service regarding this matter?

      Reply
  • Lisa

    I was hit from behind while i was waiting at traffic lights the other driver accepts liability and my car was written off. a medical was done via video due to covid, and the report states whiplash to neck, soft tissue damage to back, headaches since accident and anxiety. I was made a part 36 low offer which my file handler says i should accept the offer, research says you should not accept if not fully recovered and i am still experiencing headaches, my neck and back pain is ongoing and my anxiety is getting worse as i have to use the road where collision happened daily. Please help

    Reply
    • Ian Morris

      This is a situation we come across regularly – especially when someone who has been injured in a car accident has used their insurers legal provider and has their claim handled by a claims handler and not a specialist Solicitor. Whilst we cannot say for certain that you would receive a higher settlement if you refused to accept the part 36 offer you mention and await full recovery, it is definitely unwise to settle a claim before you fully know whether you will fully recover and if so how long your recovery period will be.

      Of course, it is your decision to make, but we would not advise you to accept the first offer. Instead, you should inform your legal representatives that you will not settle the claim until you have a better understanding of your recovery and that you feel that the defendant is attempting to undervalue your claim.

      Reply
  • Ovidiu

    I was involved in RTA on 6th May this year. My solicitor sent a letter to the other drivers insurers on 22nd July. They have yet to reply. How long will we need to wait for them to respond?

    Reply
    • Ian Morris

      As the Solicitors letter was sent at the end of July, you would anticipate a response arriving anytime now. In standard cases, a response would be expected within 90 working days of receipt of the letter.

      Reply
  • Loretta

    I had a car accident in February 2020. Liability was finally admitted by third party insurer. They have offered a settlement figure which I have accepted. When my Solicitor sent them the bill for the physio I had they fell silent and would not respond. My Solicitor has now issued Court proceedings. This was a month ago. I wanted to know how long this will take to settle.

    Reply
    • Ian Morris

      Once a settlement is agreed and signed as accepted by the claimant, settlement should follow within a relatively short space of time.

      Reply
  • Brenda

    Compensation settlement agreed July 1st but insurer has not yet paid 12 weeks later due to covid instead of 2 weeks it is now in ‘reasonable time’. Solicitor says she is hassling them but blames pandemic

    Reply
    • Ian Morris

      Although extremely frustrating for you, there have been difficulties caused by the covid outbreak to the way settlements are processed and your Solicitor will be chasing them repeatedly.

      Reply
  • 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
  • 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
  • Marie

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

    Reply
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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 pursue 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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!

  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
Chat with us for friendly, expert advice 01225 430285