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 had a trip at a bar and the insurance company wrote to me “accepting full liability” They have since made me interim payments( NOT on a WOP basis) for travel and loss of earnings. We were waiting for hospital to give idea of optimum recovery time etc before settlement figure for actual injury agreed. At this point I instructed a solicitor to help with obtaining reports and to ensure compensation for injury was fair. They wrote to the insurance company and then recieved a letter stating they are disputing liabily. There is no new evidence and they made original acceptance following CCTV footage review and a report by their own investigator. Can they just withdraw liability and why would they do this? Causing me great distress.

Ian Morris

Yes, they can withdraw an admission of liability, but if they do not have new evidence to present to support this withdrawal or cannot provide detailed reasoning, it is unlikely that a court would find in favour of them should your claim proceed that far.

Reply

The other side has accepted liability but there insurer is disputing the amount of compensation to be paid. My solicitor sent over the court proceedings and they haven’t responded within the time frame. What happens now?

Ian Morris

In a claim for personal injury compensation, the first important hurdle is to obtain an admission of liability. It is good news for you that this has been achieved as it confirms that you will receive compensation for your injuries and losses. However, the next stage after admission of liability is to reach agreement on the appropriate value for the claim settlement. The value of a personal injury settlement will be reached in two parts. Firstly, you have the element of personal injury settlement that is made in relation to the injuries sustained. The value of this element will be reached on the basis of medical evidence and an expert medical report that will provide a detailed prognosis on severity of injury and recovery of the same. This will then need to be considered by Counsel who will assign an appropriate value range on the basis of the medical report. You then also need to demonstrate your lost income or incurred costs caused by the injuries and accident and this will be the special damages element of the claim. The injury settlement and special damages settlement will form the total value of the compensation claim.

When agreement cannot be reached on settlement (which is not uncommon), the matter will need to be considered by an independent Judge in a court hearing. The hearing will have evidence from both the claimant and defence and then a decision will be made on the level of damages that the defendant will have to pay to settle the claim.

In your case, the defendant has missed the deadline. As such, your Solicitor will likely provide them with a further deadline to meet. If they then fail to meet that deadline, the matter will proceed directly to hearing and will be decided by the Judge – who will take in to consideration the defendants lack of cooperation.

Reply

My solicitors have put the report to the 3rd party involved, they didn’t respond within 15 working days, my file has now been passed to another department – what happens now?

Ian Morris

Typically, when an insurer misses a deadline, the acting Solicitor will contact them to make a formal request for a response within an agreed reasonable time frame – say 21 working days for example – with the threat of court proceedings if they do not cooperate. If the defendant then fails to meet the agreed revised deadline, the Solicitor will issue court proceedings to seek a judgement to force them to respond and cooperate with the claim.

Reply

I have to meet with my solicitor tomorrow to answer some questions which axa insurance have asked for. I have also seen there doctor about 3 weeks ago. My question is: how long will it take axa insurance to make a settlement?

Ian Morris

Before you can ask how long it will take the defendant insurer to make an offer of settlement in your claim for compensation, you’ll need to obtain an admission of liability from them. To get to the stage of admission of liability can take anything from a few weeks to 4 or more months. Each claim will be different and this period will be decreased in cases where strong supporting evidence is available.

If liability is admitted, the next stage is for the injuries to be agreed by way of a medical examination with a subsequent written report from a suitable medical expert. The agreement of injuries and prognosis will then enable a settlement to be agreed. From the date of a settlement agreement, claimants should usually expect to receive their settlement somewhere between 15-30 working days.

Reply

I fell in a pothole and broke my patella 7 months ago and the defendants have not admitted liability. My solicitor claims she has allowed extra time for them, but how much longer are they legally allowed? Should I change solicitors?

Ian Morris

Whilst we can understand your frustration at the length of time it is taking for the defendant insurers to respond, it is not that uncommon for these matters to take sometime. We do not think that there is any need for you to change Solicitors as your Solicitor is acting correctly. It is likely that your Solicitor has given the defendant a deadline to respond. Should the defendant fail to respond by that deadline, your Solicitor would then issue proceedings against them.

Reply

I was involved in an accident back in June 2018 whereby the other party drove into the back of me.
It has gone through Solicitors and an offer was made by the third party insurers on 4th September and agreed the following day.
I was advised normally it takes 2-6 weeks for them to receive the money but the Solicitors still haven’t got the money yet and when I asked if there was any maximum time frame they basically said whenever. Surely there must be some kind of timescales that the third party insures need to adhere too?

Ian Morris

There is not a prescribed time limit and it is unusual for settlement to take longer than 2-6 weeks to arrive (usually it is around 21 days or so). However, if the defendant insurers fail to make payment as agreed in a reasonable time (3 months), your Solicitor could issue proceedings against them to force payment.

Mel

It’s been 9 weeks since settlement figure was agreed and still no further forward. Current solicitors (on a no win no fee) have said they will pass it their Meriut team to try to recover payments. Is 9 weeks classes as a reasonable time? And what options are likely to be avaliable to enforce payment? Am I entitled to change solicitors if it’s on no win no fee or do I have to stick to the current ones which seem to be slow?

Reply

A lady ran me and my daughter over 7 months ago. The police were called and I was taken to hospital so I didn’t get any of her details, but the police did. The lady hasn’t reported it to her insurance company and they asked for the 3 months investigation then 4 months down the line they are waiting on police reports. I’ve damaged my spine and the solicitor is not answering.

Ian Morris

On the basis of your description of the road traffic accident, it would appear that you have a valid claim for road traffic accident compensation and you ought to expect this to settle in your favour in due course.

The insurers are within their rights to request a police report and there should be no reason why the evidence within that report does anything other than support your claim.

If you have not already got a specialist Solicitor pursuing this claim for you, then please contact us. We’d be very happy to run this claim for you and have expert specialist road traffic accident compensation Solicitors available to represent you.

Reply

Good morning,

Is it normal for a company to take over a year to respond with liability? My personal injury claim started last January 2017, and they still haven’t replied. Apparently they’re still investigating, though never asked for an extension in this case. Threatening letters have been sent to no avail.

Christine

Ian Morris

It certainly isn’t normal for a defendant insurer to take a year to investigate a claim. However, it isn’t completely unheard of. However, it is very surprising to hear that they haven’t requested an extension in this case. It is common for an extension to be requested and granted, but not such a long extension.

Do you already have a Solicitor acting for you?

Reply
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