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...

I submitted a personal injury claim for RSI in 2016, my solicitor has not progressed to court proceedings. I am worried that I will be time barred. What are the timescales for injury claims?

Ian Morris

A claim for personal injury must be made within 3 years of the date of an injury or in the case of an RSI or industrial injury, 3 years from the date at which symptoms developed (date of knowledge). Whilst your claim started over 3 years ago, it may well have been protected by the actions of your Solicitor and you should of course discuss this with them.

Reply

Hi my solicitor has sent off a letter to the third party about the compensation I’m entitled to. They stated they have 21 days to reply but they haven’t got back within this time period. How long is the extension that my soclitor grants for them to reply before they take court proceedings?

Ian Morris

Your Solicitor will allow the defendant a reasonable opportunity to respond before they take the matter to court. Whilst it is frustrating as a claimant to see a personal injury claim delayed due to non-cooperation from a defendant, it is important that your side acts reasonably. Therefore, your Solicitor will grant them the initial extension and perhaps one further one before they take the matter to court to compel the defendant to cooperate with you in this claim.

Reply

My solicitor submit my claim to third party on the 17th of May. The third party admitted liability as they rang me to deal with it without using my legal representative now there is no feedback from third party and all lines of communication have ceased

Ian Morris

Have you informed your Solicitor that the defendant tried to settle the matter directly with you?

Reply

Hi, I had car accident in February other parties fault and they’ve accepted liability, I settled out and accepted the pre medical offer, however the other drives insurers aren’t responding or paying out. Is there a time limit on how long they have to pay out or a way I can sort this mess as my insurers/case handler isn’t much use?
Thanks

Ian Morris

If you had a specialist Solicitor acting for you, they should be ensuring that the appropriate timescales are being adhered to with regards to settlement. As you may expect, things are a little slower than ‘normal’ at the moment and offices being closed etc, but notwithstanding such issues, it shouldn’t take too long for a payment to materialise.

Jo

Is there a time frame they should adhere to? It’s been over 12 weeks now with no communication at all seems a little long with 4 chasers sent out also?

Ian Morris

12 weeks is a long time and could be explained – but I would have thought your Solicitor should now be threatening court.

Reply

I was involved in a motorcycle accident 2 years ago and my Solicitors received an offer from the defendant which was not acceptable and my solicitor returned with a counter offer. The other Solicitors have advised that they have a new offer but are waiting on the clients to agree it. I was told my solicitor that they have 21 days to respond and we are now on day 68, I have asked my solicitor to chase them up but they claim that the Company “do not take calls from other solicitors” so has been emailing them but not getting a response. Should I just instruct my solicitor to state Court proceedings as I am mindful that this could be a lengthy process?

Ian Morris

It would be a sensible move to at least discuss the possibility of issuing proceedings with your Solicitor and seek their advice on whether that is now appropriate.

Reply

I am still waiting for the 3rd party to respond, with regards to liability. Accident was in June 2019, and I have had 2 MRI’s on a slipped disc of C3-C5 of my back, and have been on different types of pain medication ever since, along with numerous visits to A&E, and physiotherapy. My solicitor (No win no fee) first approached 3rd part insurers in December 2019, and till this date (28 May 2020), 3rd party have not responded. I was a passenger in the vehicle of the insured, when he caused an accident with a lorry. I have recordings of him admitting fault to a friend on the phone shortly after the accident, and also pictures of the damage caused to his vehicle. Any advice please?

Ian Morris

Do you have a Solicitor acting for you in this matter? If not, please call us immediately on 01225430285 so that we can help you with your claim.

If you do have a Solicitor, please ensure that they have a copy of the recording you mention.

Reply

Hello…
I have accepted offer from my solicitor, physio is completed. The other driver had admitted liability. My solicitor has now sent my claim offer to the to other side and it says they have 21 days to respond. What happens after they respond?

Ian Morris

Once the other side have responded, your Solicitor will be able to advise you as to whether the 3rd party have agreed with the settlement offer your Solicitor has made. Obviously, if they accept the offer, payment will follow – usually within 21 days. If they refuse to pay the suggested settlement, your Solicitor will liaise with you as to whether you should accept a lower offer (if that is felt reasonable), or if you should refuse to accept such an offer and take the matter to a court hearing so that an independent Judge can award the settlement for your claim.

Reply

Accident at work insurance admit liability it’s 2 years 20 month and still no compensation, solicitor not very good, sent all evidence to insurer 1 month ago, waiting for offer. My solicitor contacted them yesterday and they say they have backlog, if it goes over the 3 years will my claim be still valid?

Ian Morris

You need to check with your Solicitor as to whether the claim has been issued and is therefore protected from the 3 year issue – in normal circumstances you should be fine in this scenario.

Reply

On the 8th of April 2017 I had an accident at work. I worked as a baggage handler at an airport in London. My case is still ongoing and it’s coming up to 3 years since the accident. I would like to know why the claim is taking so long? I am also still receiving treatment at the Hospital eye clinic to this day.

Ian Morris

One of the reasons that your claim remains ongoing could well be the fact that you have not fully recovered and you continue to receive medical treatment. This issue could mean that the long term situation regarding your recovery is not fully understood. If a Solicitor does not know whether or not you will fully recover, they would not wish to settle your claim as the risk of agreeing an undervalued settlement would be high.

Another reason for the claim continuing to rumble on could be that a defendant hasn’t admitted liability. Do you know if they have admitted or denied liability?

Reply

Hi There,

If papers have been served on an insurance company, do they need to provide a defense within a certain time frame, or can they request an extension?

Ian Morris

Defendants will work within a prescribed time frame – your Solicitor can advise you on those. However, a defendant can also request an extension should they need additional time to investigate anything. As long as any extension request is reasonable and the extended time requested is not excessive, a Solicitor and claimant should allow the extension.

Reply

Hi Ian,

I’d like to ask you two questions about delay in compensation payment. I had a road accident and had to undergo physiotherapy. The treatment was completed and my solicitor ( YourLaw) negotiated compensation. It was settled on 30. October last year. My solicitor emailed me that the Third Party Insurer had to issue the payment before 20. November. I was assured wouldn’t it have been paid by then, my solicitor would chase it. I didn’t receive any notification from the solicitor about a delay. I contacted them on 4 December and reported no money was paid into my account. The solicitor called me today and confirmed, they received the compensation. It’s been 2 months since the compensation should be paid. Is the insurer responsible to pay interest or pay a fee for not complying with the time frame? Because the Third Party insurer declined two offers and I settled for a lower amount, I wanted to invest it into an Investment ISA. I was able to open one using my available funds on 15 December. Can I claim the profit my funds would have returned, if I did receive the compensation on time?

Ian Morris

Firstly, you need to establish whether the delay in you receiving your settlement was caused by the defendant delaying payment unduly or whether your Solicitor had received the funds but failed to pass them to you.

Whilst the delay you cite is clearly frustrating, it is unlikely to be seen as something for which you could seek further damages.

Reply

In December 2018 my fathers’ humerus was fractured by patient transport. The transport company have admitted negligence and the driver was sacked. My father has commenced a personal injury claim but unfortunately despite the company admitting liability in June it seems to be taking a long time to settle. My father is terminally ill , he experienced a lot of pain from the fracture and six months in hospital. He now also need double handed care to mobilise. Unfortunately it seems to be taking the solicitors ages to take things forward. For example we provided a schedule of costs in August but these weren’t sent on to the insurers, it took them nearly five months to appoint medical experts etc. Not having done anything like this before we wondered is this normal /does it just take a long time or could things be speeded up? We really would like my father to receive some compensation whilst he is alive for all that he has gone through and are worried that at this rate it simple won’t happen. Grateful for any advice. Thank you.

Ian Morris

If you have not already done so, you could consider making a formal complaint to your Solicitors regarding the apparent delays in acting on instructions and pursuing the claim.

You can find the details of their complaints procedure and how it works on the Solicitors website.

Reply

3 questions Ian

1. One year on from a non fault accident. Should I have been offered alternative transport / offer to repair m/bike / replace m/bike

2. Would I get paid for the damaged bike along with my injury comp? Or should this be separate as I’m lead to believe.

3. After the at fault driver has been charged by the police & prosecuted with careless driving / can he continue to make allegations regarding my driving without any facts to back the gear up.

I believe at this time the solicitor seems to be very lenient with this insurance firm.

Ian Morris

If liability is not disputed (that is if the defendant insurers have admitted liability), your damaged motorbike should have been repaired or replaced.

The motorbike and personal injury settlements are separate and in a claim, you should recover compensation for the injuries sustained and the impact that the injuries have had, continue to have and will have going forward. You should also be entitled to recover all incurred costs and recover losses (including damage to personal items) separately.

The defendant driver can make whatever allegations they wish. However, without evidence to back them up they are simply wasting time. However, you must remember that a Police charge is not a prosecution, so if the defendant has not yet been found guilty, they are not guilty. However, as the Police have charged the driver, it does make it difficult for them to wriggle out of liability.

Mick

Thank you Ian for your speedy reply. That clears a lot of things up for me.
I understand ‘primary liability’ has been accepted.
Therefore that means I can now push to have my motorcycle repaired/replaced?
The injury claim is separate from this & will be ongoing.
Thanks for your help, it’s been very much appreciated.

Regards,
Mick.

Ian Morris

Best of luck with your claim!

Reply

Hi Ian,
Currently the defendant insures are not responding to liability to my solicitors.. All the protocols deadlines have been gone along with another month extension before a PAD application will be made which they are sitting back on.
The defendant insures has supplied some documentation of disclosure but are holding on to one relevant document which my solicitor has asked for, and now are not giving them any deadlines to them.
I feel my solicitor has backed off and isn’t forcing the issue of liability.
It’s gone into six months which is a clear cut case with HSE who are currently investigating my employer to put safe guards in at work to prevent similar injury accidents from happening.
I’m at a crossroads where I feel I’d be better of taking on my employer myself with all the evidence I’ve accumulated or to change solicitors.

Please advise me.

Thanks

Barry

Ian Morris

Before you do switch Solicitors, you should make sure that your employer is formally aware of your concerns. Therefore, we would suggest that you write to the Solicitor outlining your frustration and ask them to provide a clear plan of action in terms of pursuing the defendant. If the Solicitor is then unable to satisfy your concerns, you could seek to switch to a new Solicitor to represent you in your claim.

Reply

Hi Ian

Thank you for your reply

My solicitor said the defendants solicitor told him the reason for the delay is because there has been a change in personel at the defendant solicitor clients office. Is there anything I could get my solicitor to do to hurry the process up or what would you advise?

Ian Morris

So long as the defendants are not acting unreasonably, there is little that you can do. However, whilst a change of personnel may explain a delay, it would not be reasonable for such a delay to be very long.

You should ask your Solicitor to chase and press them regularly.

Reply

My solicitor settled my personal injuries claim and told me I would receive my settlement cheque within 4 weeks. It is now 11 weeks and still no sign. Is there anything I can do to hurry this up?

Ian Morris

What is your Solicitor saying has caused the delay? In most cases, it is the case that settlement will arrive in quick time, but on rare occasions a defendant will be slow in releasing payment.

Reply

Hi,
After an accident in June ‘19. I have just been told that the other party ( a London bus company) have agreed to pay for my cars damage. They were at fault, but have done so ‘without prejudice’. I have my own personal injury solicitor who I have advised of this. Does this make her job easier, as in are they likely to pay out for my personal injury too. My injury was a sprained hip requiring physio and three weeks off work. If so, what would be the likely timescale from agreeing to pay for damages to the vehicle to settling my personal injury claim? Also, when liability is not accepted and paid ‘without prejudice’ do these payouts tend to be less ? My PI solicitor says she is preparing a report to send to them. I’m guessing this is her view on the claims worth after receiving the independent medical report? Or what report would she likely mean regards Natalie

Ian Morris

The acceptance of liability for the damage to your car should benefit you in terms of a claim for personal injury compensation. The bus company would not be paying for the damage to your vehicle if they were of the view that they were not liable.

The Solicitor acting for you is likely to be sending the prognosis of injury and recovery from the medical expert you have seen to the defendant in order to begin the process of negotiating a fair settlement for the injuries you have sustained.

Reply

I was taken off the road by an uninsured driver in July 2018. My claim has finally been settled (on 18/10/2019) as the MIB made me a good offer.
How long do they have to issue payment? My solicitor is chasing it, but I wondered if there was a time scale?

Ian Morris

Typically, once settlement is agreed and a signed acceptance of the offered settlement is received, the MIB are relatively speedy in making settlement and one would expect that to be within a month or so of them receiving your signed acceptance. Therefore, the timescales you mention seem reasonable and we would expect you to receive your settlement anytime soon.

Reply

Hello, i had a car accident in feb 19. I made a personal injury claim for which i had 11 weeks of physio for for a back injury. This was completed in around jul 19. The claim company (irwin mitchell) then submitted everything to the other party who had admitted liability.
An offer was made on the 10th of oct which i accepted. To date all i’m getting from the claim company is, we’re waiting on a cheque from the insurers. The offer was accepted 6 weeks ago now. How can it take 6 weeks to send me a cheque? I’m concerned i’m just getting fobbed off all the time with a different excuse and i’m having to chase this myself week to week now as they do not communicate with me at all.
The last i heard was that they would be taking the insurers to court as of friday the 15th oct as they have no settlement cheque which will now probably delay things by several months.
Is there anything i can do? This is becoming so stressful now after being left with an uncomfortable back injury and severely out of pocket from a written off car.
Many thanks
Gareth

Ian Morris

Whilst you have every right to feel frustrated, the main problem here is the defendant failing to settle your claim to your instructed representatives. Although your Solicitors should have been updating you and keeping you in the loop, they appear to be acting correctly and may well have to issue proceedings to obtain your settlement.

Reply

If an insurance company does not respond to a solicitors correspondence can they commence legal proceedings against the defendant directly and if so how?

Ian Morris

Should a defendant fail to respond to a Solicitor within the statutory timeframe, the Solicitor would initially give them a further deadline to respond. If this were ignored and it was apparent that the defendant would not cooperate, a Solicitor may issue court proceedings to force them to respond. Such a hearing would not reach a decision on liability, but would reach a decision as to whether or not the defendant was the correct party to respond and if so, oblige them to cooperate with the claim process. If the defendant were to then continue to fail to cooperate, they would be in breach of a court judgement and could face serious consequences.

Reply
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