You've received
an offer
What it means, whether it's fair, what to consider — and how to respond. You have more options than you think.
The offer isn't
the end — it's the start
Receiving a settlement offer for the first time can feel like a moment of resolution — as if the process has reached a conclusion. It hasn't. It has reached a negotiation. First offers in the OIC process are calculated using a fixed government tariff applied to your injury type and prognosis period. They are a starting position, generated mechanically from the medical report. The insurer expects that a counter-offer may follow.
The OIC portal includes a built-in offer and counter-offer mechanism. Its existence reflects the expectation that settlement rarely happens on the first offer. Negotiation through this mechanism is not an unusual or aggressive act — it is the process functioning as intended.
Why settlement timing matters
A settlement closes the claim permanently. There is no mechanism to reopen it after acceptance, even if symptoms continue or worsen. This is why the question of whether symptoms have fully resolved carries more weight than whether a figure feels fair. The process allows claimants to advise that they are unable to consider settlement at this stage — this is a recognised position and not an unusual one to take.
If symptoms are still present when an offer arrives, claimants often respond by asking that the offer remain open until their condition has stabilised. Insurers are accustomed to this — the process is designed to accommodate it.
How the tariff works
The injury payment is calculated from a government-set tariff. The tariff value depends on two things: the injury type and the prognosis period stated in your medical report. Longer recovery periods attract higher tariff values. The tariff is not the ceiling of the claim — financial losses caused by the accident are recoverable on top of the tariff payment and are assessed separately.
The prognosis period in the medical report is the single biggest driver of the tariff value. A report that understates how long symptoms lasted produces a lower offer — not because the insurer has made a judgment, but because the tariff calculation is mechanical. The report is the input. The tariff is the output.
How the negotiation mechanism works
If you reject the first offer, you can submit a counter-offer through the portal with a figure and a brief explanation of your reasoning. The insurer will then respond — either with an improved offer, or maintaining their position — and the exchange continues. This back-and-forth is not an adversarial act. The portal was built with this mechanism because offer, counter-offer and negotiation are the intended process, not a disruption of it.
Most claims settle within two to four rounds of offers. The fact that the portal has a built-in counter-offer function tells you something useful: the insurer expects to receive one.
What shapes the value of a counter-offer
The strength of a counter-offer comes from the accuracy of the underlying medical report. If the prognosis period in your report is correct and the injury description reflects your actual experience, the counter-offer has a factual foundation. The insurer's first offer is based on the same report — so any argument that the prognosis was understated, or that financial losses were omitted, is grounded in evidence already within the process.
When the process becomes more complex
ClaimTalk provides general guidance only. Claims involving significant financial losses, disputed liability or complex injuries go beyond what this guidance covers. If your situation falls into any of these categories, the OIC portal guidance and the MIB and FOS resources may be relevant starting points.
Tariff values shown are approximate. Always verify against the current Official Injury Claim tariff schedule. Financial losses are recoverable separately and are not capped by these values.
Insurers sometimes make contact before medical evidence has been gathered. Without an independent medical report, there is no objective basis for valuing the claim — and the prognosis period that determines your tariff band does not yet exist. Accepting at this stage almost always means accepting less than the full process would produce.
ClaimTalk provides general guidance only. Not legal advice. Not affiliated with the Official Injury Claim portal or any government body.