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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...

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

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.

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.

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.

I was involved in hit and run last August 4th 2020 in which after week I suffered symptoms of pain my insurers Esure put my claim over to ime-law many months later they were to put it bluntly very poor as they couldn’t find the other driver they ime-law stated I would be dealt with by MIB I have since contacted MIB and they have failed to return my email what I cant understand I had a witness who was some feet away from RTA who gave a witness statement on my behalf after email after email to ime-law they stated that MIB would need to go through all check in case RTA was fraudulent I do understand that but to have a clear witness I find it staggering this is happening I am 83 years old and it my opinion they are hoping I pass away before they do the correct thing and pay me compensation.

You appear to have been unfortunate in that your legal representative hasn’t done a good job for you. The Solicitors may have even been negligent. As such, you should make a formal complaint via their website and afford them an opportunity to resolve the matter for you. If they fail to resolve things, you could then escalate the matter to the legal ombudsman and Solicitors Regulatory Authority.

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?

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.

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

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.

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.

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

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?

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.

I was hit by an Asda truck and my car written off and left me badly injured.
The driver admitted fault at the time in front of two witnesses but then his insurance company denied fault.
Since then they have failed to respond to all contact from my claim handlers for 7 months now.
Kindertons tell me that they can’t go to court because I have an injury claim even though that’s not being responded to either.
Ive been told I have to drop my injury claim or this will go on forever. Surely that’s not fair or even right?
I’ve lost so much already. The guy walked away scot free-he almost drove away from the accident without stopping first-and now he walks away without any consequences whatsoever and it’s just not ok.
He was speeding and driving down the middle of a very narrow road!
Please help because I’ve had enough.

Whether you are pursuing an injury claim, a loss claim or both, you should be able to take the matter to court to compel a defendant to cooperate and engage in the claims process.

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.

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.

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.

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.

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.

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?

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?

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

Hi Ian,

I have finally had an acceptance of liability on this claim, however, due to the pandemic (August 2020), my mother was unable to attend her GP surgery and 111 advised only to attend a&e if her injuries were life threatening, which they weren’t. The insurers have said because of no medical evidence, they are only willing to offer what i consider to be a very poor amount, probably a quarter of what i was expecting.

They have said that if i wish to negotiate i will need some legal representation, however, I do not want to lose 25% of the settlement when i am more than capable of representing my mother and fighting her case. Is it fair for them to say this?

Thanks

Medical evidence is really important in a claim for personal injury compensation, particularly with regards to settlement valuation. In normal circumstances, a claimant will have medical evidence showing an initial attendance for treatment and notes for any follow up appointments. The claimants Solicitor will then access this evidence and instruct a medical expert to interview the claimant with sight of the medical records, conduct an examination and then provide a written prognosis regarding recovery or severity of injury. This report is then used along with the advice of a Barrister to reach the appropriate settlement value for the claim.

You mention the NHS111 advice to only attend A&E if the injuries are extremely serious. Whilst that may assist you (if you can obtain a copy of a call recording), if your Mother is claiming that her injuries were serious or are ongoing, the fact that she never attended (even by way of a telephone consultation) a GP appointment in the months after the injury does weaken her claim and strengthen the position of the defendant. As things stand, you will struggle to force an offer of the value you may believe the claim to be as there is no evidence to compel the defendant to agree to do so.

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?

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.

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

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.

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.

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.

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?

There is no defined timescale for a new offer.

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

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.

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?

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.

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.

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.

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?

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.