How Long Does an Insurer Have to Reply to a Compensation Claim?

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Quick Answer: In the UK, insurers typically have 21 days to acknowledge receipt of a claim and then a further 3 months to investigate and provide a decision on liability.

Key Takeaways

  • Insurers must acknowledge receipt of a claim within 21 days
  • They have 3 months to investigate and decide on liability
  • These timeframes are set by the Pre-Action Protocol for Personal Injury Claims
  • Delays can occur in complex cases or if additional information is required
  • Claimants should keep in regular contact with their solicitor for updates

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 may have to pay out compensation. Of course, it’s their job to pay out as little as possible, and it is our solicitors’ job to ensure that claims are settled quickly and to their maximum value.

This often means claimants feel the insurer is stalling and taking longer than necessary to reply. Furthermore, it’s common for this to lead to anxiety and uncertainty about the claims process. How long will it take? When will you hear back from the insurer? The waiting game can be frustrating and add to your stress. However, understanding the timelines involved in the claims process can help alleviate some of this anxiety and allow you to focus on your recovery.

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. The good news for claimants is that there are legal time limits to make sure that claims are processed in an expedient manner. These timelines are set out in the Pre-Action Protocol for Personal Injury Claims, which is part of the Civil Procedure Rules in England and Wales.

Pre-action protocols set a deadline for defendant insurers to respond to claims and carry out their investigations into allegations made against their insured. They aim to encourage the early exchange of information between parties and promote settlement without the need for court proceedings.

The protocols allow maximum response times for defendant insurers, motivating them to investigate and settle claims quickly. 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 Claim Protocols

Pre-action protocols 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:

Initial Acknowledgement

  • Claimant solicitor submits a letter of claim to the third party insurer, outlining the specifics of the claim and why they are being held responsible.
  • The insurer is required to acknowledge receipt of the claim within 21 days. This acknowledgement is typically a formal letter or email confirming that they have received the claim and are beginning their investigation.

Liability Decision

Following the initial acknowledgement, insurers have a further 3 months to investigate the claim and provide a decision on liability. During this period, they will:

  • Review the evidence provided
  • Potentially conduct their own investigations
  • Assess the circumstances of the accident
  • Determine whether their policyholder is at fault

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.

While insurers are bound by the pre-action protocol to respond within specific timeframes, it’s important to remember that each case is unique and may require different handling times. In the rare case where an insurer fails to provide a response within the time allowed, a solicitor may decide to go to the courts to progress the claim.

Road Traffic Accident Protocols

Pre-action protocols for a road traffic accident claim set a different time limit to other personal injury claims. They 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 has to provide all the information that a defendant insurer will need to be able to fully investigate the claim and decide upon who is liable.
  • When a defendant insurer fails to respond within the 15 working day time limit, the claim will then continue via the pre-action personal injury protocol, stated previously.

Factors Affecting Response Time

While insurers are expected to adhere to these timelines, several factors can influence the actual response time:

  1. Complexity of the case
  2. Severity of injuries
  3. Availability of evidence
  4. Cooperation of involved parties
  5. Workload of the insurance company

In some instances, insurers may request an extension if they require more time to investigate complex claims thoroughly.

What to Do If There’s a Delay

If you experience delays beyond the standard timelines:

  1. Contact your solicitor for an update
  2. Ask your solicitor to chase the insurer for a response
  3. Consider filing a complaint with the insurer if delays are excessive
  4. In extreme cases, your solicitor may advise initiating court proceedings

Tips for a Smooth Claims Process

To help ensure a timely response from insurers:

  • Provide all requested information promptly
  • Gather and submit comprehensive evidence
  • Attend all medical appointments
  • Keep detailed records of your injuries and recovery
  • Maintain open communication with your solicitor

How Long Should an Insurer Take to Pay Out Compensation?

Every claimant wants to settle their claim as quickly as possible and move on from their injury. But to get to the point where a compensation claim can be settled involves evidence, expert opinions and investigations from insurers. It also requires clear communication between insurers, solicitors, claimants and occasionally the courts. All of this can take time.

Some claim types are known to settle more quickly than others. In cases where negligence is obvious and injuries and losses are not in dispute, and a defendant insurer has no reasonable option other than to make an admission of liability, a claim will settle more quickly. Perhaps within a few months.

Conversely, in a more complex claim where negligence isn’t so obvious, a claimant solicitor will have to make a strong argument to succeed and achieve an admission of liability. Here a claim will take longer to settle and could mean it takes a few years to receive compensation.

As you would expect with two opposing parties, there are many issues that can arise to 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.

Frequently Asked Questions

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Comments & Questions

Read on for questions and advice about claiming...

We have an independent witness who saw the accident that I was involved in. I am now left with life changing injuries. The police never took a statement from me, only the man who overtook on double white lines (eg where he should not have been overtaking on a blind bend) before hitting me on my motorcycle in a head on collision. It has been a year and a half now since the accident and as you well know, money is now running out. The other driver is still denying liability even though we have the witness who can prove that she was at the scene. How do we make the insurance company pay an interim payment promptly?

Ian Morris

Unless and until the defendant insurers have accepted liability, they will not pay any costs or awards to you – interim or otherwise. Therefore, the most important step in your claim is to prove that they are the liable party. It would appear that you are in a position to do this given the independent witness that you have and if the Police report confirms your version of events (which would seem to be the case), it is unclear why the defendant is not admitting liability. Has your Solicitor discussed taking the matter to court to allow a Judge to find on the matter for you?

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How long does it take for a claim to be finished against a Council? The Council has accepted liability.

Ian Morris

Obtaining an admission of liability is an important milestone in the process of claiming personal injury compensation. Essentially, the admission means that you have won the case and will be compensated for your injuries and associated costs or losses. However, the next stage of the process can take some time and much will depend on the severity of injury you have sustained, whether you have made a good recovery or if you are still in need of further medical appointments.

There is no set timescale for a claim to be settled, but once an admission of liability is in place, the claim could settle within a few months if the injuries were not too severe or if you have made a good recovery.

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I made a personal injury claim 12th november 2021. The defendants solicitors admit 50/50 liability which I am contesting. To date, the defendants solicitors have not produced any evidence or information to support 50/50 liability. My insurers are says their hands are tied under the new 2021 protocol as there is no cut off point for responding; I have discovered that the term reasonable time is used. What constitute reasonable time to produce evidence, it has now been 6 months since my claim was submitted. Can my soicitors ask the court to resolve liability matters through the court. PS I have submitted all my evidence and had medico assessment of my injury.

Ian Morris

Given the way that the system has been set up to favour the defendant insurer side of the process (thanks to the continued undermining of access to justice from our Government!), there is no definitive answer to state what amount of time is reasonable. Whilst frustrating for you, you will need to stick with the process a while longer. Your Solicitor should be applying pressure to the defendants given the time that has lapsed and perhaps soon start threatening to issue proceedings to compel the defendant to cooperate with the process.

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I’m helping a friend who nearly died when a car ran into her when riding her bike.

The AXA insured driver has admitted liability and has been convicted of careless driving (should have been dangerous driving i think!) any way my fiend works as a home carer and has only just getting back to work after a year! She has no money except sickness pay and i have been supporting her. Her solicitor says claim in two parts – an interim rehabilitation award for her day to day and then an award for her serious injuries which include internal as well as broken bones. As yet she has not received a penny and we do not know where the log jam is.

Any words of help will be welcomed – should we approach AXA direct – we have policy nos etc of convicted party

Ian Morris

Given the severity of the injuries sustained and the lengthy period of convalescence (and absence from work), it is not surprising that the claim is not settled yet. Indeed, in such matters the claims process is likely to be lengthy as the Solicitor will be keen to ensure that all injuries are properly diagnosed and that expert reports have been obtained with detailed recovery prognosis information.

However, as liability has been admitted, it should be possible to seek an interim award from the defendant insurer to cover some loss of income in the period since the accident.

As you appear to have a Solicitor acting, it would be best to go through them to contact the 3rd party rather than muddying the waters and attempting to do so yourself.

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Hi there

I have raised an insurance claim via their online platform, the insurer is not responsive what are the response timelines to a claim . 10 months later, after escalating to their compiance department, they are requesting further documents is this acceptable ?

Ian Morris

What kind of claim are you trying to pursue?

Char

I’m unhappy with the offer that has been made in my claim. My solicitor has said to accept the offer, but I’ve said no. The 2nd offer is raised by about £600 in view of the injuries I sustained. In my opinion it’s a poor offer, but my solicitors aren’t supporting me. What can I do?

Ian Morris

The Solicitors will be providing you with the advice that they believe is in your best interests and they must therefore be of the view that the offer on the table is appropriate and unlikely to be increased should you reject the same. Although you have every right to feel that the offer is too low, you must take in to account that your emotional link to the injuries and impact of the incident that led to the claim being made in the first place, is sadly irrelevant when it comes to personal injury settlement value.

You should also be aware that rejecting the offer does come with risk. Should you reject the offer and seek to go before a Judge and the Judge were to decide that the offer made was fair, you would then face liability for the defendants costs should a hearing fail to see you get an increased settlement. If this were to happen, not only would you not get a higher settlement, you would actually be left with far less. As such, your Solicitors advice is important and you should be very wary of ignoring the advice given.

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Hi I had a road traffic accident third party admitted liability my solicitor has sent all paper work across and they have failed to respond with an offer in the stated time limit, my solicitor has now said she has handed my case over to a colleague to start court proceedings, what happens next and how long does this take? my accident was in November 2021.

Ian Morris

As proceedings are being issued, you will need to wait for a date to be available in the courts. As you may appreciate, there is a lengthy backlog in the courts and it may therefore be sometime until a hearing date is agreed.

However, the simple act of issuing proceedings may be sufficient to force the defendant to ‘pull their finger out’ and start to cooperate.

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With an RTA , when it is a case of Pedestrian vs Vehicle and there is a dispute over liability, is it better for the Claimant’s Solicitor to wait until the 3 year deadline date to make the actual Claim to the Defendant’s Insurer?

Ian Morris

It is usually unwise to allow any delays in the pursuit of a claim – other than for gathering important evidence prior to the claim. In this scenario, we can’t see any reason why delaying the pursuit of a claim until the 3 year deadline would be sensible or prudent.

Reply

I was knocked off my bike, the third party admitted liability. I had no broken bones, but I did need Physiotherapy and I also suffered loss of personal items as well as my bike.

I’ve now been waiting 6 months for compensation and all I’ve had is an offer on my bike – which I have rejected, but that’s all. I have to contact my solicitor each time to find out what’s going on and even then the response is slow!

The third party driver suffered no damage. Please can you advise me?

Ian Morris

Although you have been in the claims process for 6 months, you should be aware that you are probably only around half way through the process. If you are unhappy with your Solicitor and the way that they handle communication with you, you should make them aware of your complaint in writing. If that doesn’t resolve things, you could make a formal complaint against the Solicitors.

As the 3rd party have admitted liability, that means that the claim for your damaged property and bike should not be contested, but the defendants may choose to argue about any personal injury claim given the lack of damage to their insured’s vehicle.

Reply

I have put forward a claim and I am now waiting on the insurance to come back with first offer. How long do I have to wait?

Ian Morris

Generally speaking, if you have made a claim for personal injury compensation, it will be a few months in to the process before any offer to settle is made. The defendant insurers will initially take a period of up to 3 months to investigate the claim before they respond with an admission of or denial of liability. If liability is not contested, you will then be able to start negotiating settlement for your injuries and losses.

Reply

If you have evidence (photographs) showing no damage to your vehicle, that would be good evidence to provide. If you have witness information, disclose that and you may be able to obtain and provide a copy of a call recording you would have made to your insurers at the time of the incident.

You should attend the court hearing and allege that the other party is attempting a fraudulent claim. You can admit to the accident having taken place as that is truth, but you can argue that the speed of the collision was inconsistent with injury or vehicle damage and than put the onus on the other party to evidence their claim.

Reply

I was in a RTA and I’ve accepted an offer from the insurance company, they’ve been quick all through out the case within accepting liability within one day and making an offer which was top of the estimate in two days. My solicitor advised to give them 6 weeks for them to pay out. It’s been 3 weeks now. My question is, how long does it usually take for them to pay out and IF they don’t pay after 6 weeks what will happen? Many thanks

Ian Morris

Your Solicitor is correct in that you should anticipate payment within 6 weeks. Should there be further delays, your Solicitor will take the appropriate steps to ensure that payment is forwarded to you.

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We were in a car accident over two years ago, not our fault but the other driver claimed we hit him, which is near on impossible with the damage to the car and where our car and his van ended up. His insurer has not responded despite being served various demands from our insurer (not sure exactly what these were). Now our insurer is saying that they may have to just drop the claim as the third party isn’t responding but this doesn’t sound right, otherwise surely everyone would do it to avoid paying up. What can we do to ensure they keep pushing and progress this stalemate situation?

Ian Morris

Your insurers are clearly being frustrated by the defendants failure to cooperate. In usual circumstances a hearing would be arranged in court by your insurers to compel the defendant to cooperate with the claim – that isn’t them admitting liability, but at least providing their defence. If you don’t have legal cover with your insurance, it could simply be that the insurers have exhausted their options and don’t want to risk further costs. Have you tried contacting the insurance ombudsman to discuss the conduct of the defendant insurers?

Were you injured in the accident at all?

Reply

Hi, was in a work place accident last October , insurers accepted liability and an offer was made of £17,000 in July 2021 , I declined this offer based on advice from my solicitor , 6 months have passed and I haven’t heard anything since , is this normal procedure or is there anything I need to do ?

Ian Morris

Given the advice from your Solicitor, it would seem that the injury you sustained was serious and long term. As such, the timescale for completion of the claim could be quite long. However, you should contact your Solicitor to ask them whether they are still awaiting response from the defendant or whether there is anything that can be done to expedite the process.

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I made my personal injury claim in August. The Aviva handler still says that they have not received replies from the place where the accident happened yet (which was in a Doctors surgery). This is 4 months ago. Is there anything that I can do?

Ian Morris

Do you have a Solicitor acting for you? If not, the most sensible course of action would be to contact us so that we can have a specialist personal injury Solicitor take over this matter for you on a No Win No Fee basis as having specialist representation is likely to see the defendants pull their finger out and provide the responses needed.

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Hi there. In March 2019 I was the driver of my car when I was hit side on by a lorry. The other party have claimed full responsibility. My car was written off (i have been provided the pay out for the car) and I sustained injuries to my neck and shoulder. I have undergone about 10 sessions of physio paid for by my insurance and undergone two medical assessments. The outcome of the last assessment was that my injuries are now permanent. It is over 2.5 years since the accident but my solicitors are being very slow. I have been passed through several different professionals/teams within my solicitors and am chasing regularly. Is there anything I can do to chase my claim i.e. Obudsman or an alternative solicitors? Many thanks, Gary

Ian Morris

Switching Solicitors is very difficult – mainly because a new Solicitor will be reluctant to take over given the financial viability of doing so as they would have to cover the costs of the previous Solicitor if successful with the claim.

Therefore, your best option is to do two things. Firstly, make a formal complaint to the firm of Solicitors – their complaints policy should be published/available on their website. You should cite your grievances, including a lack of clear progress, having numerous different claims handlers and a loss of faith in their handling of the matter. If they are unable to satisfy your concerns and resolve issues, you could then escalate a complaint to the ombudsman.

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My car insurers have failed to resolve my non-fault accident claim which was lodged on 2nd August. The third party insurers have failed to respond. Despite being fully comprehensively insured I am facing a financial loss of £847 (comprising my excess of £400 and £447 for using my preferred main dealer repairer) despite not being responsible for the accident. Dashcam footage and photographs were provided in support of my claim and whilst the third party insurers have failed to co-operate I fail to see why I and being penalised.

Ian Morris

Did you suffer personal injury in the accident you refer to? If so, we can help and advise you. A claim for personal injury will take many months, usually at least 12 to process. If however, you are simply referring to vehicle loss or damage, we cannot advise as to the timescales within which the insurers should be operating.

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I was involved in a accident on the 4th October with a bin wagon which reversed into my car and it’s now been seen as a total loss the third party insurance offered me £2,000 for my car but they are now saying that they will not be paying me it until further inquiries when they have all the evidence they need why is this?

Ian Morris

Are you claiming anything for personal injury? Were you injured? If no injury claim is being made, it is hard to advise and we would suggest that you seek written explanation from the insurers as to why they are not settling your vehicle loss claim.

If you were injured and need further help, please call us on 01225430285.

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Hi Ian,
I was passenger in a car accident in March – we were standstill at a roundabout and a van shunted us into the middle of the roundabout. My nephew’s car was written off. My nephew and brother both received their compensation months ago (same solicitor) but I had more Physio. The negotiations went back and forth to deadline day and then the insurers agreed the amount. I think I could have waited for more but wanted it done quickly! Yet I am still waiting for payout 4 weeks after agreement. My solicitor says it will go to enforcement this week. Does that mean it is going to drag on and on? Is there anything I can do to try speed things up?
Thank you
Ruth

Ian Morris

It is unlikely to drag on for too long. Indeed, whilst settlements usually follow within 2-4 weeks of an agreement being confirmed, it isn’t too unusual for settlement to take a bit longer to come through.

It would seem that your Solicitor is on the case and you should receive your settlement soon.

Reply

I have been injured in an accident 5 days ago, I have not admitted fault but my insurer said they will claim liability on my behalf based on photographs from the claimant. They will not be liable for my injuries either, does this mean I am at fault regardless & cannot claim for my injuries from either insurance? I am deeply distressed & confused. Thankyou.

Ian Morris

How were you injured? Please explain the accident scenario in order that we can advise you further.

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Good morning
I have a claim going now and has been since 2019 I had a work accident in May and a car accident in September same year I had to be cut out of the car due to neck and back injury’s. I have been with the same solicitor but had 3 different ones in the same company. I don’t have much communication with them every couple of months I will email them but get the same answer as if the case has not moved they are still waiting for the other sides insurers to send my employment records as my solicitor is requesting advice from a barrister please could you tell me why she is asking a barrister for advice and it’s been 2 and a bit years now, how much longer do you think?

Ian Morris

The advice from the Barrister is likely being sought for one of two reasons. Either to see whether there are sufficient grounds to take a claim to court (assuming the defendants are refusing to accept liability) or to gain guidance on the settlement value for the claim.

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