Dealing with your personal injury claim — what's involved
Most of the process happens around you. The decisions that matter — and that cannot be undone — are concentrated at two specific points. This page explains where those points are and what the process requires of you throughout.
A personal injury claim is not something that requires constant attention. Much of it involves waiting. But within that process, there are specific moments where the claimant's role matters significantly — and where the decisions made are permanent.
Understanding which stages are passive and which are active changes how the process feels. Most claimants experience the entire claim as uncertain and demanding. In practice, most stages require very little. Two require real attention. Understanding which two stages matter most changes how the process feels.
Seven stages. For each one: what the process does automatically, what the claimant's active role is, and what — if anything — cannot be undone.
Before submitting — what is typically gathered
The period immediately after an accident is the only opportunity to gather certain types of evidence. Some of it cannot be recovered later.
This is one of the most active periods in the entire process. Evidence gathered close to the accident date carries significantly more weight than evidence gathered weeks later — and some of it disappears entirely if not preserved promptly.
The other driver's name, address, vehicle registration and insurance details are the foundational information the claim depends on. Photographs of vehicle positions, road conditions, damage and any visible injuries create a contemporaneous record of what happened and when. Witness names and contact details matter most if liability is later disputed — people who see accidents rarely come forward unprompted later.
Dashcam footage overwrites automatically. Copying the relevant clip to a separate location promptly means it is preserved if needed. A police reference number, if officers attended, is worth recording.
Early medical attendance after an accident creates a contemporaneous record that directly links the accident to the injuries. Medical records from close to the accident date carry more evidential weight than records made weeks later. The absence of early medical records can complicate the evidential picture.
This applies whether injuries feel minor or significant at the time. Symptoms from soft tissue injuries often develop over the days following an accident and an early record reflects the starting point of that recovery.
Special damages — the financial losses caused by the accident — are a separate component of the claim and are assessed entirely on what can be evidenced. Travel costs to medical appointments, prescription receipts, treatment invoices and records of any time off work all form part of this. Records kept from the moment of the accident are far easier to substantiate than those reconstructed later.
A simple ongoing note of dates, amounts and what each expense relates to is sufficient. Receipts, payslips and employer letters support the claim when the offer stage arrives.
A regular record of symptoms — pain levels, activities affected, effects on sleep, driving, work and household tasks — serves two purposes. First, it helps give an accurate account at the medical examination, particularly if the examination takes place months after the accident when the worst period may feel distant. Second, it creates a contemporaneous record that can support the prognosis period stated in the medical report.
A dated note made at the time — however informal — carries more weight than a reconstruction made later. The format does not matter. The contemporaneous nature of it does.
After submission — the waiting period
Once the claim is submitted through the OIC portal, the process enters its first extended waiting period. The claimant's active role here is minimal — but there are specific things worth noting.
The liability window — up to 30 working days — is a period where very little is required of the claimant. The insurer is reviewing the claim. The portal does not send frequent updates. Silence during this period is the expected experience, not a sign that anything has gone wrong.
The date the claim is submitted is the reference point for everything that follows. The 30 working day liability deadline runs from submission — not from the accident date. Record this date. It makes it straightforward to assess whether the liability window has passed and whether a formal response is overdue.
Financial losses can be added to the claim up until the point an offer is requested. Any expenses incurred during the waiting period — travel, treatment, prescriptions — form part of the special damages claim. Keeping records as they occur means nothing is missed when the offer stage arrives.
If 30 working days pass without a formal liability decision, the OIC portal has a mechanism to record non-response — with defined consequences for the insurer. Use the portal for this, not informal contact with the insurer.
The liability decision — what it means for you
The liability decision is the insurer's formal position on responsibility. What it contains determines what happens next.
Full admission means the insurer accepts their policyholder was responsible. The claim moves directly to the medical stage. No action is required at this point — log in to the portal to confirm the status and wait for the medical instruction.
Partial admission means the insurer accepts some fault but argues the claimant also contributed. The percentage matters: a 75/25 split means any settlement is reduced by 25 per cent. Record this figure precisely. If the split does not reflect what actually happened, it can be disputed through the portal — the insurer's position is a starting point, not a final determination.
Denial does not end the claim. It means the insurer disputes that their policyholder was at fault. The denial must include reasons — they cannot simply decline without explanation. Those reasons show exactly what is being disputed. Evidence — photographs, dashcam footage, witness accounts, police reports — can be submitted in response. If the dispute cannot be resolved through the portal, it can proceed to the small claims court.
The two stages where claimant preparation matters most
Of the seven stages in the process, two have a direct and lasting impact on the outcome: the medical examination and the medical report review. Everything before them creates the conditions. Everything after them flows from what those two stages produced.
The medical examination is the one appointment where the claimant gives an account of their injuries and recovery. The report produced from that appointment is the document that determines the settlement value. The review window — before the report is approved — is the only opportunity to correct something that is factually wrong. Once the report is approved, it cannot be changed through the standard OIC process.
The medical examination — your most important appointment
The medical examination typically lasts 20 to 40 minutes. The report it produces determines the settlement value. What is said — and how fully — directly shapes what the report records.
The examiner sees the claimant once. The report is based almost entirely on what is said and observed during that appointment. Preparation means thinking through the complete experience of the injury — not presenting it differently from how it actually was, but ensuring an accurate and complete account is given.
Examinations often take place months after the accident. By that point, symptoms may have reduced significantly from their peak. The prognosis period the examiner records is an assessment of the injury's full duration — not only how things feel on the examination day. The weeks immediately after the accident, when symptoms were likely at their worst, are part of an accurate account.
A symptom diary kept since the accident makes this significantly easier. Where symptoms fluctuated — better on some days, worse on others — describing the pattern rather than a single snapshot gives the examiner a more complete picture.
Injuries affect more than the obvious primary area. Headaches, disrupted sleep, anxiety about driving, difficulty with household tasks, effects on work, reduced ability to exercise — these are all relevant to an accurate account of how the injury affected daily life. If any of these apply, they are worth mentioning. The impact section of the report is based on what is said during the examination.
The goal is accuracy — not a comprehensive list of every possible effect. Effects that do not apply should not be mentioned. Effects that do apply and are not mentioned are unlikely to appear in the report.
The medical examiner is not employed by the insurer and has no financial interest in the outcome of the claim. They are accredited through MedCo — the body that oversees medical reporting organisations in OIC claims. Their role is to produce an accurate and objective assessment.
This matters because the report they produce carries authority precisely because neither side controls it. An accurate account given during the examination produces an accurate report. An incomplete account produces an incomplete report — with direct consequences for the settlement value.
The medical report review — the only window to correct errors
After the examination, a draft copy of the medical report is sent for review before it is submitted to the portal. This review window is the single most important action in the entire claim.
The report is not just evidence. It is the document from which the settlement offer is mechanically calculated. The prognosis period it records places the injury in a tariff band. That band determines the compensation value. Once the report is approved and submitted, it cannot be changed through the standard OIC process. The offer that follows is based on whatever the report says.
The review window — typically available around 29 days after the examination — does not require immediate action. There is no obligation to approve the report the moment it arrives. Reading it in full before making any decision is the most important step at this stage.
Key things to check: the prognosis period stated (does it reflect the actual duration of symptoms?), whether all injuries are recorded and correctly classified, whether the impact section reflects what was said during the examination, and whether basic factual details about the accident and the claimant are correct.
The OIC portal provides a mechanism to query the report before it is approved. This process is for factual corrections — something objectively wrong, such as an injury mentioned at the examination that does not appear in the report, or a prognosis period that does not reflect what was discussed. It is not a mechanism to challenge the examiner's clinical judgment.
Being specific is more effective than being general. A clear factual account of what was said at the examination, and how it differs from what the report records, gives the examiner something concrete to consider. The examiner is not required to change the report — but they are required to consider the query and respond.
Once the report is approved through the portal, it becomes a fixed part of the claim. The insurer's offer will be calculated directly from it. There is no mechanism within the standard OIC process to amend it after approval — even where information later comes to mind that was not mentioned at the examination. Taking the time needed before approving is the only protection available at this stage.
The offer stage — what decisions are yours
The settlement offer is a starting position, not a conclusion. The portal is designed for negotiation. There is no obligation to accept the first figure offered.
The offer stage is one where the claimant has real choices — and real time to consider them. The portal includes a counter-offer mechanism because negotiation is the expected process. Most claims involve more than one round of offers before settlement is reached.
The first offer is typically calculated from the tariff alone — the injury payment based on the prognosis period in the medical report. Financial losses are often not included in the first offer, even where they apply to the claim. Before responding to any offer, it is worth checking whether travel costs, lost earnings, prescription charges, treatment costs and any other out-of-pocket expenses caused by the accident are reflected in the figure.
Financial losses are a separate component of the claim. They are not absorbed by the tariff and they are not included automatically. Raising them through the portal at the offer stage is the appropriate route.
A settlement closes the claim permanently. There is no mechanism to reopen it after acceptance, even if symptoms continue or worsen. The process does not require settlement before recovery has stabilised. Advising the insurer that settlement cannot be considered at this stage — and asking that the offer remain open — is a recognised position within the process. Insurers are accustomed to this.
When an offer arrives, the portal does not require an immediate choice between accepting or disputing. A third option — "wait out prognosis" — is available where symptoms have not yet resolved. Selecting this pauses the settlement process until the prognosis period ends. The claimant can then confirm recovery or request a further medical report if symptoms have continued. It is a recognised part of the process — not an unusual step.
A counter-offer is submitted through the portal with a figure and a brief explanation of why the original offer is considered insufficient. No legal training is required — clarity and accuracy matter more than formality. The insurer will respond, typically within 10 working days. This back-and-forth can take two to four rounds before settlement is reached.
Settlement — what acceptance closes
Accepting a settlement offer is a binding and permanent act. Understanding exactly what that means before proceeding is important.
Once you accept, the claim is concluded. There is no cooling-off period and no mechanism to reopen it — not if symptoms worsen, not if financial losses you forgot are remembered later, not if the figure later seems too low. The finality is absolute.
The settlement covers everything agreed in the final offer: the tariff injury payment and any financial losses that were raised and included. Losses not raised before settlement cannot be recovered after it. Check before accepting that everything is included.
Payment follows automatically within 10 working days of confirmation through the portal, by bank transfer. Make sure your bank details in the portal are correct before accepting. If payment does not arrive within 10 working days, contact the insurer through the portal and keep a record of that contact.
If you used a solicitor on a no win no fee basis, the success fee is deducted from the settlement before payment. The solicitor must provide a written breakdown of all deductions before disbursing. The conditional fee agreement signed at the start governs what can be deducted.
Records used throughout the process
Certain records are relevant at multiple points in the claim. Records kept from the moment of the accident are available when needed at each stage.
The submission date — for calculating the liability deadline. All letters and documents received during the claim, with dates. Records of every offer and counter-offer made. Receipts, invoices and payslips supporting any financial loss claim. The signed conditional fee agreement, if a solicitor was instructed. The draft medical report, even after approval.
Records do not need to be formally organised. A folder of documents with dates is sufficient. The value of them is in having them available when a specific question arises — not in maintaining a system for its own sake.
The detailed guidance for each stage
Each of the stages above has a dedicated page with deeper explanation. These are the most relevant ones depending on where you are now.
What the report contains, what to check before approving it, and how to raise a factual error.
How the offer is calculated, the counter-offer mechanism, and what to consider before accepting.
The tariff, special damages, and what changes the final figure.
What to gather, when to gather it, and why early documentation matters most.
Liability denied, insurer silent, offer too low — six common situations explained.
What acceptance means, the payment process, and what cannot be reopened.
Last reviewed: 4 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.