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 have a claim ongoing with the council, the claim handler has made a 2nd offer due to my rejection of the first offer, they have stated in the 2nd offer if i reject this i will need to seek legal advise. May i point out i am directly dealing with the claim handler as it’s past the 3 years limitation and no solicitor is willing to take it on even though liability has been admitted.

Can the claim handler withdraw the 2nd offer if i reject this and they are no longer negotiating due to the statement of me needing to seek legal advice?

Ian Morris

Without knowing the full ins and outs of this matter, it is not possible to advise in any certainty. However, the fact that they have made a 2nd and final offer as things stand simply means that they are unwilling to increase the offer made to you unless you can introduce a legal expert to force such a move. Clearly, given the fact that 3 years have passed since your accident you won’t find a Solicitor able to get involved.

Whilst the council are unlikely to withdraw the offer, you should bear in mind that accepting it may be the most sensible choice at this time.

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I put in a claim and the defendant has admitted liability. I have had my medical and I was told the deadline was the 12th August where they should have settled the claim.
Then my solicitor has got back in touch and told me she hasn’t heard from them so she is taking it court? Can there be any reason why they have not yet made an offer to settle the claim when it’s going to cost more to go to court?

Ian Morris

We cannot explain why or for what reason the defendant has failed to make an offer, but it would appear that your Solicitor is taking the correct course of action in taking this matter to the courts so that it can be sorted out.

As liability has been admitted, it means you will succeed with your claim. The issue now is one of establishing the appropriate level of damages for the injuries you have sustained and calculating any special damages.

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I accepted a settlement figure over 6 weeks ago from insurer via my solicitor for a Road traffic accident. I still havent received payment despite my solicitor saying when i accepted the insurer had 5 – 6 weeks to make payment. My solicitor is now saying it may take longer without giving reasons only that she will continue to chase payment and advises that if i now choose to take the matter to court it can be problematic. The solicitor was appointed by my car insurer who unfortunately is also the other parties insurer. Is this normal?

Ian Morris

Whilst the delay is clearly frustrating, you should not be unduly concerned. Whilst the majority of settlements are paid in good time, there are a number of reasons for (and examples of) some settlements being delayed or slower in coming through.

Your Solicitor will chase the defendant accordingly and it is most likely that your settlement will soon arrive.

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Hi
i had road accident on 31/05/2017, at first third party denied to accept their fault but eventually they accepted their fault. Third party paid me back my volunteer access which i was charged for my car to be repair. I been to few doctor appointments, on basis of those appointments a medical report has been forwarded to third party by my solicitors. its been 5 months that the third party has not responded and ignoring my solicitors reminders. Now my solicitors are preparing for Litigation. My question is how long will it take more and will the third party respond this time?

Ian Morris

It is not possible to state how much longer your claim will take. However, if the 3rd party have failed to respond to date and your Solicitor is now issuing proceedings, it indicates that things will speed up as the 3rd party are likely to not want to mess the courts around.

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My car was written off in Nov 2018 and the claim still has not been settled. My insurance company agree it was 3rd party’s fault but the vehicle in question was a company car (ironically a recovery vehicle). I was estimated £750 in costs including travel expenses, excess, time out from work, and injury. I am still waiting on this. I had provided the details of the 3rd party vehicle and photos but did not get all details of the individual driver. I am still waiting for the legal team to respond, last I heard was a month ago saying they will follow it up. Any advice or is this just likely to be a waiting game??

Ian Morris

If your claim is up and running, there is often a period of frustration in which you do have to wait. However, it seems that you have been waiting for some time. You should certainly chase your Solicitors up and if needs be, make a formal complaint to them about the lack of updates and apparent delays in resolving your claim.

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Could you please advise me how long a defendent insurer has to either accept or deny liability for an accident involving their insured party WITHOUT a CNF being issued by a claimant solicitor.

I was involved in a non-fault accident on 17th June 2019 and the third-party’s insurance company has still not stated it’s position despite being aware of the accident.

For the avoidance of doubt there is no personal injury, just substantial damage to my vehicle which would, I expect, render it an “insurance write-off”.

Ian Morris

We can only offer qualified advice on matters relating to personal injury compensation. In your case, you mention that there is no personal injury. If the claim related to personal injury, the defendant insurer would have a period of almost 4 months to ‘investigate’ a claim before they must respond with an admission of or denial of liability.

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Six Months ago I had 2 bilateral fractures to my knees the builder and insurance company have both accepted liability all my paperwork has been sent to the insurance company, they have had them for 5 weeks, how long will it take before they make me an offer?

Ian Morris

There is no set time frame for an offer of compensation to be forthcoming. It is likely that medical evidence and a medical experts report regarding your injuries and the likely long term consequences of the injuries is provided and then considered before an offer will be made.

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I had a non fault accident on the 24/12/18 sustaining severe leg injuries. The driver who caused the accident has had a caution for careless driving set by the PPS. His insurers are claiming they’re still investigating the collision & have not admitted liability. I’ve had no offer of alternative transport & they’re still to send an assessor to inspect my motorcycle. Is this a normal timeframe for this or is my solicitor not doing his job properly on my behalf?

Ian Morris

To answer this question, we need to know when your Solicitor submitted your claim. Lets assume that you commenced your claim soon after your accident and returned signed instructions (a signed CFA) to your Solicitor so that the claim could be made to the defendant insurers by mid January 2019. If that was the case, the defendants would have had an initial 21 day period to confirm receipt of the claim and acknowledge that they are the responsible insurer. From then, they would then have a further period of just over 3 months to ‘investigate’ the claim and respond with an admission or denial of liability. This timeframe would therefore usually see you getting a response after around 4 months or so from the date the claim was made. However, sometimes this can take longer and insurers are slow in responding. If this is the case, your Solicitor will issue the insurers with a further deadline to respond. If that deadline is then missed, your Solicitor will consider starting court proceedings to force them to respond.

Mick

Thanks for the reply to my enquiry, it has shed a bit of light on the issue. It has been over 4 months & the insurance company in question are still claiming they’re still investigating the collision. Although their customer has been charged with careless driving & causing serious injury due to this. The solicitor dealing with my case has not issued any court proceedings to urge a response.
His reply to this question to me is, these things take time.
I’m also paying for my own physio appointments etc: I was in the belief a solicitor would avail these appointments etc to myself & then claim the cost from the party which caused the accident.

Ian Morris

Your Solicitor is right in that there can be matters that do take time and it is not the case that you can simply immediately issue proceedings as there needs to be an allowance for a reasonable delay in processing a claim. Therefore whilst 4 months to you is very stressful and your Solicitor will be aware of this, it is not yet unreasonable in the eyes of a Judge. However, you should discuss with your Solicitor as to when it would be reasonable to ramp up demands for a response.

With regards to physiotherapy/rehabilitation costs, until and unless there is an admission of liability in place from the defendants, your Solicitor is unable to instruct and cover the cost of such therapy.

Mick.

Thanks again Ian, I found your info & help very useful & informative. I will take these issues up with the solicitor dealing with my claim. All the best, Mick.

Ian Morris

We’re pleased that you have found our input to be helpful. Your Solicitor should be able to help you further, but if you need any more advice, support or information, please do not hesitate to let us know!

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I accepted an offer from third part insurers and my side expected payment within 4-6 weeks and this hasn’t happened, my side say it’s now gone to their enforcement team. How long can the other side hold of on paying, they made an offer which was accepted but now aren’t paying up?

Ian Morris

The most likely issue here is simply one of administrational error on the part of the third party insurers and a slow process. It is highly likely that a robust ‘chasing’ by your Solicitors will get this sorted. Of course, if the defendants continue to be ‘difficult’ your Solicitor will issue proceedings to force payment by court order.

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Hello, A few days after my accident the other driver told me he had admitted to his Insurer of ‘Losing Control’ of his car. His Insurer responded with a 50/50 split. I did not accept this offer as I had to have an operation due to the accident and a mini stroke. A year later the other driver submitted an injury claim against me using my Quindell solicitors. Also that my solicitor had a financial arrangement with the defendant insurer. This was found to be a Conflict of Interest by the Ombudsman. After 3 1/2 years the other insurer admitted liability.
My question – Could this commercialised delay by the insurer constitute dishonesty? Thanks

Ian Morris

Whether or not the defendant insurer has acted dishonestly is a moot point and would probably have to be considered by an independent Judge with sight of the full facts.

However, there could be a call for your compensation settlement to include interest given the obvious delay caused to your settlement.

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Hi I took a settlement offer under the part36 over 6 weeks ago and am now still waiting on the funds they keep telling my solicitor it will be paid in 5-10 days . My personal injury claim has been going on for nearly 7 years now . Is this a normal time to wait for funds after it being a part36 offer? Thanks

Ian Morris

Invariably, these matters take longer than they should – not because of the claimant Solicitor, but often due to the slowness of the defendant insurers.

Whilst it is frustrating for you to wait, your Solicitor will apply pressure to them to come up with the settlement.

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I had a serious road accident in July 2018 which was fully the third parties’ fault. They have admitted liability and is at the stage where my insurer has sent them the claim pack stating compensation amounts etc etc to be paid. My insurer admiral law told me they have to respond within 3 weeks. 3 weeks has been and gone, in fact 3 months has been and gone and all i keep getting told is my claim is with litigation and there is a backlog of these cases. I keep chasing admiral for updates but still no response so have no idea what is going on? What can I do in this position?

Ian Morris

If you have not yet instructed a specialist personal injury Solicitor to act for you on a No Win No Fee basis, you could now make an instruction and hand the running of your claim to such a specialist. A specialist Solicitor would provide a deadline for the defendant to respond and if this deadline were not met, the Solicitor could then look to instigate court proceedings to force the defendant to cooperate.

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in October 2016 I tripped on a broken step and caught my knee which caused a lump the size of a golf ball on the side of my knee, and have had issues since this with popping knee and pain. They denied liability then I had to send photos of the broken steps showing the dates I took the photo. I also took photo September 2017 wen they only just carried out repair. I sent dated photos November 2018. And they have now not replied to the solicitor they messaged me yesterday stating they still haven’t had a response since sending dated photo evidence. Does it normally take this long? I’m not bothered about whether or not they except liability but I’m just curious as it’s first time I’ve done a claim and wondering why my solicitor hasn’t given a final date to comply with, or if this is what they should halve done a year ago?

Ian Morris

For them to have not responded to correspondence dated November 2018 some 3-4 months later is not really acceptable. However, it is not uncommon for defendant insurers to be extremely slow and even actively so, during the claims process.

Your Solicitor has issued a final date for them to cooperate and respond. If they fail to make contact in that time frame, the Solicitor will issue court proceedings to compel the defendants to cooperate.

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I had an RTA Last summer whereby an Uber driver drove into the rear of my vehicle while I was stationary. Driver admitted liability at the scene insurance details exchanged etc.. all was fine. I suffered soft tissue damage to my neck and upper back as a result and spent ten weeks going to physio therapy sessions arranged by my insurer. Following this my claim was valued in dec and send to the third party who failed to respond in the timeframe. This was the beginning of January since then my solicitors have been trying to serve them with court papers but I have been told they are unable to as the insurer is registered in Gibraltar not the UK? I’ve been told the papers must be served by the end of May but if the other insurers just keep ignoring my solicitors what’s next? How can they even do this? My solicitors aren’t the best they are very slow at responding and do not proactively contact me for anything I have had to chase them throughout. I can’t understand how a straight forward claim is taking so long when the third party has admitted full liability and the injuries/damage etc are all perfectly reasonable how can they just ignore it?

Ian Morris

You should make an urgent ‘complaint’ to your Solicitor about your concerns as to the handling of your claim. You should demand, in writing, an explanation of their plan of action should the insurers continue to fail to respond.

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Last year I was involved with another car in a road traffic accident at lights at a junction. At the scene the driver of the other car admitted liability and said that she would pay for the damage. I took photos at the scene of both cars. I decided that I should progress the claim through my own insurance company. The other party suddenly decided that they had received whiplash injuries for both herself and her son. There was no son involved in the accident as he was not present at the accident. Whilst I was waiting for a response from my insurance company they increased my cost for renewal when the the new insurance was due. Since then I cannot get any answers from them about compensation. They have told me that the other insurance company can just sit on the claim.

Ian Morris

You need to make sure that your Insurers and their legal representatives are immediately made aware of the apparent fraudulent claim for the Son of the lady in the other vehicle.

The insurers will be able to prove whether the Son was present or not and if not, she will have been materially dishonest and have to pay her costs as well as those of yourself.

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I had a non-fault RTA and had whiplash which developed to fibromyalgia and also post traumatic stress disorder. I had depression, anxiety & a small tear in my lower back and more.

It has been two years now, but I only got one offer in all this time. My question is why is it taking so long and whats the longest waiting time for settling a claim? I am not getting better and its been 2 years since the accident.

Ian Morris

There is no maximum time frame to settle a claim. In many cases, when a claim is taking a long while to settle it is usually because the injuries are serious and the extent of damages to be recovered in settlement will be disputed until the acting Solicitor believes that a fair and reasonable sum has been offered.

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I was in a RTA last March. I have been through all of my assessments via the solicitor and I have now instructed my solicitor to pass the claim to the insurance company. They have already admitted liability when my car was written off last year.

How long will it take roughly for them to settle the claim now?

Ian Morris

It is hard to answer this question as we don’t know if the insurers have agreed with the medical reports and whether the extent of injuries has been agreed.

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Hi, I currently have a claim which the insurer has pulled from the portal asking the full amount of time. This ran out on the 10th Jan and my solicitor has had to send another letter giving a further 2 weeks which again they have not replied…. What happens now? Can i make a claim against the person rather than the business?

Ian Morris

Making a claim against an individual rather than a business is possible, but certainly not easy and there is no guarantee that the individual will have the financial cover or insurance in place to enable them to settle any claim. Therefore, the best bet is to pursue a claim against the business.

In the situation you report, your Solicitor is trying to obtain a response from the defendants. It would appear that the defendants are not responsive and whilst this is frustrating and will slow the process of your claim down, your Solicitor will know what to do. In most cases, if deadlines are not met and then further deadlines are not responded to, your Solicitor will issue a court proceeding to force them to respond.

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I had a slip in lidl they have admitted liability and my solicitor has emailed them the medical report and an offer of settlement . How long before I hear back if they accept it or not? Tia

Ian Morris

In cases where liability is not disputed and the defendant has accepted the claim, the process of reaching an agreed settlement does not usually take too long. If your Solicitor is working on the basis of a medical report and expert opinion for the value of the claim, as long as the defendant does not query the experts report, it is likely that they will make an offer within a short period of time, such as 3 weeks or thereabouts. Of course, this period could be quicker or longer!

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I’ve been in the process of a whiplash claim for over a year now, what can i do to hurry it along …. and why would my solicitor need my credit card statements and bank statements and tax return?

Ian Morris

Your bank/credit card statements and tax return are most likely needed to provide proof of identity (to satisfy Money Laundering regulations) and the tax return for proof of loss of income.

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