Check where you stand in your claim
No jargon. No pressure. No legal advice — just clarity about your position and what to expect next.
Check where
you stand
Whether you haven't started yet or you're already mid-claim, this tool gives you clarity on your position and what to expect next.
Once you know where you stand, see what happens at each stage of the claim →
ClaimTalk provides general guidance only. We do not offer legal advice and are not affiliated with the Official Injury Claim portal or any government body.
Silence at this stage is expected — the process is working as it should
After submission, the other party's insurer has up to 30 working days to make a formal liability decision. During this window, you will receive very little communication. That is not a sign anything is wrong — it is the intended experience. The clock is running; nothing visible happens on your side.
What 30 working days actually means
Working days exclude weekends and bank holidays. 30 working days is typically six to seven calendar weeks from the date of submission. If you submitted recently, you are almost certainly still well within that window.
What the process provides at this stage
- The submission date is used to assess whether the process is within expected timeframes
- The current status of the claim is recorded within the OIC portal
- No action is required from the claimant during this window
- If 30 working days pass without a formal decision, the portal provides a formal non-response mechanism
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If 30 working days have passed without a liability decision, you are entitled to take formal steps
The insurer had 30 working days from the date of notification to make a liability decision. If that window has passed without a formal response, this is not normal — and the OIC portal has a specific process for recording a non-response, which has formal consequences for the insurer.
The submission date determines how the process proceeds at this stage.
The 30 working days run from the date the claim was formally submitted and notified through the portal — not the date of the accident. Excluding weekends and bank holidays, 30 working days is approximately six to seven calendar weeks. If you're at the boundary, double-check your submission date first.
What the process provides for
- The current status of the claim is recorded within the OIC portal
- Where no liability decision is recorded and the deadline has passed, the portal provides a formal non-response mechanism — this has defined consequences for the insurer
- Portal activity forms part of the claim record
- Regulated legal advice is available if the position is unclear
Recording a non-response through the portal affects the insurer's procedural position within the claim. It does not resolve the liability question, but it changes how the process can proceed from that point.
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
To know whether silence is normal, the key date is when you submitted
The key date is not when your accident happened — it is the date your claim was formally submitted and accepted through the OIC portal. Everything else is measured from that point. If you're unsure of the date, your portal account will have a record.
What to check
- Log in to your OIC portal account and find the submission confirmation
- Count 30 working days forward from that date — excluding weekends and bank holidays
- If that deadline hasn't passed yet, silence is completely normal
- If it has passed, use the portal's formal non-response process
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
You are at the medical stage — this is how the process works
The medical report records the injury and the expected duration of symptoms. It is used as part of the evidence to assess the claim. The report can be reviewed before it is approved and submitted. The review window closes permanently on approval.
How the report affects the claim
The prognosis period recorded in the report determines the tariff band. The tariff band determines the settlement value. Financial losses (sometimes called special damages) — including treatment, travel and lost earnings — are assessed separately and are not included in the tariff figure.
What the process allows at this stage
- The report can be reviewed in full before a decision is made
- A factual concern can be raised through the portal before the report is approved
- The examiner reviews any concern raised and either amends the report or provides a response
- Once approved, the report is submitted as part of the claim evidence
Once the report is submitted, it forms part of the evidence used to assess the claim. The offer that follows is calculated from what the approved report records.
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
You've received a settlement offer — this is how the process works
At this stage, the insurer applies the tariff to the prognosis period recorded in the medical report. The response given at this point affects how the process continues. There is no requirement to accept an offer. Acceptance finalises the claim. If declined, the process continues.
How the figure is determined
The tariff amount is defined by the compensation table, not set by the insurer. The prognosis period recorded in the medical report determines the tariff band. Financial losses (sometimes called special damages) — including treatment, travel and lost earnings — are a separate head of claim and are not included in the compensation for the injury unless specifically claimed.
What the process allows at this stage
- The offer can be considered against the tariff before a response is given
- A counter-offer can be submitted through the portal — the process allows up to three exchanges
- If the offer stages do not reach agreement through the portal, the process provides a route to proceed to the small claims track
- Financial losses can be included as a separate claim alongside the tariff figure
- The portal provides an option to wait until recovery is complete before settling
The outcome at this stage depends on how the offer and supporting evidence are assessed.
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If you're unsure, that's completely okay. We'll explain what this usually means.
If you're not certain, choose the closest option.
Many symptoms — including whiplash — develop in the hours and days after an accident, not immediately.
The standard three-year limitation period appears to have expired
Based on what you've told us, the standard three-year period for starting a personal injury claim appears to have passed.
If any of these situations may apply, the standard three-year period may not be the relevant deadline for your claim.
This tool is for personal injury claims
If you were not injured in the accident, a personal injury claim may not be the right route. You may still have options — for example, a claim for vehicle damage — but these follow a different process.
The process is different where you are
The Official Injury Claim portal applies to accidents in England and Wales only. ClaimTalk's guidance is focused on that process.
Fault affects your claim — but not always completely
If you believe the accident may have been your fault, this does affect your position. However, it does not always prevent a claim entirely.
Based on your answers, your claim is likely to proceed normally
If liability is admitted, the process continues to the medical and offer stages.
This result is based on the answers provided. It does not confirm eligibility or determine whether a valid claim exists.
Your claim will follow the standard OIC portal process
The Official Injury Claim portal is the process used for most road traffic injury claims in England and Wales. You do not need a solicitor to use it — it is designed so that claimants can navigate it themselves. ClaimTalk can help explain each stage.
What happens next
You submit your claim through the OIC portal. The insurer then has 30 working days to respond with a liability decision.
If liability is admitted, the process continues to the medical stage. A medical examination is arranged and a report produced. An offer is then made based on what the report records.
If liability is not admitted, the portal provides a separate process for disputed claims.
ClaimTalk provides general guidance only and does not determine whether you have a valid claim. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
As a passenger, your position is often more straightforward
Passenger claims are generally cleaner when it comes to fault, because as a passenger you are rarely considered responsible for an accident. Whether the fault lay with the driver of the vehicle you were in, another driver, or both, your claim is usually unaffected. The fault question is assessed separately from eligibility. As a passenger, your position in the claim is not affected by how fault is divided between the drivers involved.
Which process applies to you
If the accident happened in England or Wales and your injuries are expected to be worth under £5,000, your claim may fall under the Official Injury Claim portal. You do not need a solicitor to use this process. ClaimTalk can help explain each stage.
What happens next
- A claim notification is submitted through the OIC portal
- The relevant insurer is notified and given 30 working days to respond
- If liability is admitted, a medical examination takes place to assess your injuries
- A settlement offer is made, which you consider and respond to
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
As a pedestrian, cyclist or motorcyclist, you are outside the OIC portal — and that's actually in your favour
The Official Injury Claim portal applies to lower-value claims brought by drivers and passengers. Pedestrians, cyclists and motorcyclists are excluded from the fixed tariff system — which means your compensation is assessed on your full range of losses, not a capped schedule.
What this means in practice
You are more likely to be able to recover legal costs from the other party, which means a solicitor can often take on your case on a no-win no-fee basis at no direct cost to you. This is a significant advantage compared to claims that fall under the OIC portal.
Recovery of legal costs is not guaranteed. It depends on how liability is assessed in the specific claim.
What happens next
- A solicitor is typically instructed — on a no-win no-fee basis in most cases
- The claim is submitted to the other party's insurer
- A liability response is awaited
- Medical evidence is gathered and a settlement negotiated
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If you were under 18 at the time, different rules apply — and you may still have time
For claimants who were under 18 at the time of the accident, the standard three-year limitation period works differently. Instead of running from the date of the accident, it runs from the claimant's 18th birthday. This means there may still be time to bring a claim even if the accident happened several years ago.
What this usually means
- The three-year limitation period runs from your 18th birthday, not the accident date
- A parent or guardian can bring a claim on behalf of a child before they turn 18
- Claims involving minors have specific procedural rules in the OIC portal
- A solicitor experienced in child injury claims can advise on your specific position
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
Your situation may allow for a claim — but there are some things to clarify first
Based on your answers, your situation isn't entirely clear-cut — but that doesn't mean a claim isn't possible. Several factors you've described suggest additional detail is available before drawing any conclusions.
What would help to understand
- The exact date of the accident — to confirm whether the limitation period applies
- Whether your symptoms were documented by a GP or medical professional
- Whether the other party's insurer has been contacted or notified
- Whether any offer or settlement has already been discussed
Where to go from here
- The Limitation Calculator shows the time position for the claim
- Explore the stage guidance to understand the OIC process
- Use the How to Use ClaimTalk page to understand which tool fits your situation
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
The OIC portal requires a liable third party
The Official Injury Claim portal is designed for accidents where another party — typically another driver — is responsible. If no other vehicle was involved, there may not be a third-party insurer to claim against through that process.
Last reviewed: 16 April 2026
ClaimTalk provides general guidance only. Not legal advice. Not affiliated with the Official Injury Claim portal or any government body.
ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.