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

By Ian Morris | Updated July 31st, 2024

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

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:

Complexity of the case
Severity of injuries
Availability of evidence
Cooperation of involved parties
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:

Contact your solicitor for an update
Ask your solicitor to chase the insurer for a response
Consider filing a complaint with the insurer if delays are excessive
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

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

Comments & Questions

Read on for questions and advice about claiming...

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.

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.

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.

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

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?

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

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

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.

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?

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.

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.

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.

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?

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.

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

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.

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

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.

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

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.

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

1. Initial Enquiry

2. Claim Evaluation

3. Claim Submission

4. Evidence Gathering

5. Negotiation

6. Settlement or Court Proceedings

Insurer Response Times – ‘Pre-action Protocols’