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

By Ian Morris | Updated September 14th, 2023

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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. This often means claimants feel the insurer is stalling and taking longer than necessary to reply.

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.

How long does it take to get 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.

Conversely, in a matter relating to a more complex claim where negligence isn’t so easily 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.

317 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming...

I have sent my details of claim to the people who organised the ride, they have sent info to their public liability insurers but as yet that company has not contacted me. How long do I give them?

Have you heard from them yet?

Is there a legal time limit in the UK where an insurance company must pay out on an agreed settlement?

There is no set time for settlement to be in the hands of the claimant. In most cases, settlement is usually made within 2-4 weeks, occasionally up to 6 weeks. If settlement is agreed, but is not forthcoming from the insurers, after allowing a reasonable period of time and making some chasing demands, a claimant may seek a Judgement to compel the insurers to provide settlement.

You are not the first and will certainly not be the last non-fault claimant who is being made to face an undue wait for a just outcome to their claim, due to the unfair actions of a defendant insurer. With the evidence that you appear to have to support your claim (CCTV, Police Report and the 3rd party being convicted of motoring offences), quite how the 3rd party insurers believe you should accept a 50/50 split is impossible to understand.

Clearly, your Solicitor is of the same perspective as you – otherwise they would be suggesting that you accept the split. The fact that they are issuing proceedings against the defendants is proof of this. I would not be at all surprised that the issuing of proceedings will lead to the defendant changing their stance – but most likely only just before the court hearing is due to start.

Sadly, the insurers are attempting to frustrate you in to accepting a lower offer than you should by dragging the process out. Their hope will be that you are so fed up with the process and in need of recovery of some costs you would have incurred due to the injury (lost income etc), that you’ll give in and accept less than you should get. If the matter does go before a Judge, it would seem highly likely that the Judge would not take kindly to the stance and approach of the defendants and will rule in your favour.

Ian thank you for your reply its given me a boost in knowing i am not the only one that goes through this .Putting me through this mental anguish .

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?

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?

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

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.

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.

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.

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

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.

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 ?

What kind of claim are you trying to pursue?

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?

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.

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

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.

I was injured as a passenger in an RTA, the driver of the vehicle that caused the accident admitted liability and was taken to court by the police. I was taken to hospital and seen by a doctor who stated Ibhad probable fractured ribs but NHS protocols no longer X Ray or provide treatment other than pain relief. I went back to my GP 2/3 times after the accident and again 12 months after the accident with inflammation of the pectoralis muscles due to probable fractured ribs. The insurance company’s medical expert saw me 16 weeks after the accident, he did not have my medical records and on his report put suspected fractured ribs. The claim handler refers to possible fractured ribs and has offered to request a sum only for whiplash from the other party. I have refused this and asked to see another medical expert particularly as I saw a Psychotherapist after the accident through my GP who said I was suffering from PTSD but the medical expert said the accident had not effected me mentally. I have requested that the Insurance company get my medical records to no avail. The claim handler insists that Probable and Suspected mean the same thing and because no XRays were taken I can not claim for fractured ribs? The accident was nearly 3 years ago and I still have pain, flash backs, nightmares and difficulty sleeping but the claim handler wants me to sign the form to accept damages for whiplash. What can I do?

Are you being represented by a specialist firm of personal injury Solicitors? If so, you should perhaps request that your file is moved from the claims handler you have been assigned, to a more senior and qualified Solicitor.

The NHS no longer x-rays for suspected rib fractures unless there is an immediate concern of lung damage, so you would not be able to demonstrate anything further than the probably or possible fractures as would be listed in your medical records. However, you should be able to obtain an element of settlement for the pain and discomfort caused by the rib injuries you sustained and certainly for the PTSD issues if your medical records can evidence that you were referred for specialist psychology treatment.

You may wish to complain (in writing) to your Solicitors as to the apparent failings of your claims handler as they should be looking to ensure that you are compensated for all injuries sustained and not just for whiplash.

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?

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.

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?

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.

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?

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.

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.

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

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.

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?

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?

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 ?

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.

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?

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.

I made a complaint to a service provider (hair salon). They transfer my case to their insurer. The defendant’s insurer keeps asking for pictures of my hair. I have sent all I have. Then the defendant’s insurer asked for the dates I took the photos. I sent screenshots of including the dates on my phone. The defendant’s insurer cannot retrieve the MetaData from the photograph images provided. They asked me again to provide evidence confirming the dates I took the photographs.

I am sick and tired of this case and do not know how to prove the dates? I am not an IT professional or digital media technologist. I use my phone to take pictures of the condition of my hair. That’s is all. Is it normal for them to request such silly things?

Thank you for any assistance.

It is not abnormal for a defendant insurer to require evidence. As you have sent the required evidence to support your case, they appear to be acting a bit unfairly in asking you to provide further proof and they should have the required IT system that would enable them to establish the metadata from your images. Have you sent them the original images and not screenshots?

Thank you so much for your response

Yes, I did send the original pictures, screenshots and screenshots with metadata. And they still want more.

It’s important that you remind the Insurers of the correspondence and items you have already sent to confirm that you have provided the information that they have requested.

Car insurance is lapsing while waiting to hear back about whether my car will be written off. Do I need to renew for another year, and with the same insurer, to ensure that the claim continues?

You can allow the insurance to lapse. The cover is already in place for the accident and whether or not you renew will not impact an existing claim made during the cover period.