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CLAIMTALK THE CLAIMANT COMES FIRST
ClaimTalk
Mid-Claim Guidance

If something feels
unclear or stuck

Six situations claimants commonly encounter mid-claim — explained plainly, without alarm. Understanding what's happening is usually enough to know what to do next.

This page does not tell you what to do. It explains what is happening — so you can make an informed decision. ClaimTalk has no interest in your outcome and earns nothing from your claim.

Most of what feels wrong
has a straightforward explanation

Claims slow down. Insurers go quiet. Offers arrive that seem low. Medical reports contain errors. These experiences are common and most of them have clear explanations within the process. This page covers the six situations claimants contact us about most — what is happening, what the process provides for, and when it is worth seeking regulated legal advice.

When an insurer denies liability, they are saying they do not accept that their policyholder was at fault for the accident — or that the fault was shared. This is not the end of the claim. It is a formal position that can be challenged.

Under the OIC portal process, a liability denial must come with reasons. The insurer cannot simply say no. Those reasons matter — they tell you what is being disputed and whether the evidence available supports a different conclusion.

What the process provides for
  • The insurer must provide written reasons for the denial
  • You may respond with evidence — witness statements, dashcam footage, police reports, photographs
  • If the dispute cannot be resolved through the portal, the matter may proceed to the small claims court
  • Split liability — where fault is shared — is also possible; this affects the value of any award, not whether a claim exists
Worth knowing: A denial at this stage does not mean the insurer's position is correct — it means it is contested. The strength of your position depends on the evidence available. If liability is disputed and the evidence is not straightforward, regulated legal advice is worth considering. You can verify a solicitor is authorised at sra.org.uk.

Silence is the most common source of anxiety in the claims process — and in most cases, it is not a problem. After submission, the insurer has 30 working days to respond with a liability decision. During that window, receiving nothing is entirely normal. The clock is running; nothing visible happens on your side.

The situation is different if the 30 working day deadline has passed without a formal response, or if you are mid-negotiation and communication has stopped without explanation.

What the process provides for
  • 30 working days from notification is the liability response deadline — calculate from the date of submission, not the accident date
  • If that deadline passes without a decision, the portal has a formal process for recording a non-response — this has consequences for the insurer
  • During negotiation, if the insurer stops responding without explanation, the portal's escalation mechanism can be used
  • Keep records of all correspondence and the exact dates of each submission and response
Worth knowing: If you are still within the 30 working day window — even if it feels long — silence is the process working as designed. If the deadline has genuinely passed, the portal gives you formal options. Use them rather than chasing informally.

A low first offer is not unusual — it is the standard starting position. Settlement offers under the OIC process are calculated from a fixed government tariff applied to your injury type and prognosis period. The first offer reflects the minimum the tariff supports; it is not necessarily the full picture of what the claim is worth.

There are two reasons an offer may feel low. The first is that the medical report understated your symptoms or prognosis period — in which case the offer is correctly calculated from an inaccurate report. The second is that financial losses have not been included or have been undervalued — and these sit outside the tariff entirely.

What the process provides for
  • You are not required to accept any offer — the portal is designed for negotiation
  • You may reject the offer and submit a counter-offer with a figure and brief explanation
  • If financial losses were not included in the offer, they may be raised separately as special damages
  • Multiple rounds of negotiation are normal — two to four exchanges before settlement is common
Worth knowing: If you believe the low offer stems from an inaccurate medical report — for instance a prognosis period that was too short — that is a separate problem. Once a report is approved and submitted, it cannot be revised. The offer will reflect whatever the report says. This is why reviewing the report carefully before approval matters.

This is one of the most difficult situations to be in — and one of the most common. Once a medical report has been approved by the claimant and submitted to the portal, it cannot be amended through the standard process. The figures it contains become the basis for the settlement offer.

If you approved a report that did not accurately reflect your symptoms or prognosis, the settlement offer you receive will reflect that inaccuracy. Understanding your options at this point requires clarity about exactly what went wrong and when.

What the process provides for
  • If symptoms have continued or worsened beyond the prognosis period in the report, it may be possible to commission a further medical report to reflect the updated position — this is not guaranteed and depends on the circumstances
  • If the report contained a factual error — not a difference of opinion — it may be possible to raise this formally, though the process for doing so is not straightforward
  • If you have not yet accepted a settlement offer, you still have room to negotiate on other aspects of the claim, including financial losses
Worth knowing: This situation is genuinely complex. The options available depend heavily on the specific circumstances — what was wrong, when it was approved, whether a settlement offer has already been accepted, and what evidence exists. This is one of the clearest situations where regulated legal advice is worth obtaining before taking any further steps.

OIC claims typically resolve within six to nine months from submission to settlement — though this varies significantly depending on the stage reached, the complexity of the medical evidence, and how quickly each party responds. Feeling like a claim is moving slowly is common. Whether that feeling reflects an actual problem depends on where in the process the delay is occurring.

Where delays commonly occur
  • After submission: up to 30 working days for a liability decision is normal — this alone is six calendar weeks
  • Medical appointment: four to eight weeks from liability being admitted to the appointment being arranged is typical
  • Medical report: one to three weeks after the appointment to receive a draft is standard
  • Offer stage: the insurer has 35 days from the report being submitted to make an offer
  • Negotiation: two to four rounds, each taking one to two weeks, is not unusual

If the delay falls outside these ranges — particularly if deadlines have been missed without explanation — the portal has formal mechanisms for recording non-compliance. These should be used through the portal itself rather than through informal chasing.

Worth knowing: The most productive response to a genuine delay is to identify exactly which stage the delay is at, check whether a formal deadline applies, and use the portal's own process if it has been missed. Informal chasing rarely changes outcomes and is not recorded.

The OIC portal has a built-in escalation mechanism for situations where an insurer misses a deadline, fails to respond, or behaves unreasonably within the process. Using it is not aggressive — it is the process working as intended. It creates a formal record and triggers defined consequences under the portal's rules.

Beyond the portal itself, there are further routes available if the insurer's conduct falls short of what is required. These are formal processes with their own timescales and requirements.

Escalation routes
  • OIC portal escalation: used when a deadline has been missed or the insurer is not engaging — this is done through the portal itself and should be the first formal step
  • The insurer's internal complaints process: all regulated insurers are required to have one — a formal complaint triggers an eight-week response deadline
  • The Financial Ombudsman Service (FOS): if the insurer's response is unsatisfactory or eight weeks pass without resolution, a complaint can be referred to the FOS at financial-ombudsman.org.uk — this is a free, independent service
  • The Motor Insurers' Bureau (MIB): relevant where the other driver was uninsured or untraced
Worth knowing: The Financial Ombudsman Service deals with how an insurer has handled a claim — not whether you are entitled to compensation or how much. It is most useful where an insurer has acted unreasonably, missed deadlines, or failed to engage with the process properly. For disputes about the value of a claim, the portal's own process and ultimately the small claims court are more relevant routes.
Please note

ClaimTalk provides general guidance only. Not legal advice. Not affiliated with the Official Injury Claim portal or any government body.