A liability response has been received.
This is what each outcome means.
The insurer's response records their position on responsibility for the accident. Each position determines how the claim proceeds from this point.
The liability response is the insurer's formal position on responsibility for the accident. A full or partial admission allows the claim to proceed to the medical stage. A denial means responsibility is not accepted — but the process provides a mechanism to challenge it.
The response must include reasons. The insurer is not permitted to decline without explanation. Those reasons define what is being disputed and what evidence is relevant to the response.
The steps below show what each liability outcome means and how the process continues from each one.
A response to liability has been received.
The insurer has stated their position.
The insurer has had up to 30 working days from the date the claim was submitted to respond with a formal liability position. That response determines how the claim proceeds from this point.
The response will state one of three positions: full admission of responsibility, partial admission, or denial. The reasons provided in the response are part of the formal record of the claim.
The response takes
one of three forms.
Select the outcome that matches the response received.
Each outcome
leads to a different path.
An independent medical examination is arranged. The report produced records the injury and the expected duration of symptoms. That report is used to assess the claim.
Where responsibility is admitted in part, the proportion attributed to the claimant is applied to the settlement figure reached at the offer stage.
The claim then progresses to the medical report stage.
The denial must include reasons. Evidence can be submitted through the portal in response to those reasons — photographs, dashcam footage, witness accounts, police reports.
If the dispute cannot be resolved through the portal, the claim may proceed to the small claims court for a determination.
Detailed guidance on the challenge process is covered on the problems with your claim page.
Where liability is disputed,
these factors are relevant.
Where the response is a denial, the process allows evidence to be submitted. What is available and what the denial states determine how the challenge proceeds.
- The evidence available — photographs, dashcam, witness accounts
- The reasons given for the denial
- Whether responsibility is disputed in full or in part
- How the claim and evidence are assessed within the portal
- The reasons given for the denial are not reviewed before a response is submitted
- Available evidence is not submitted in response
- The portal's formal challenge mechanism is not used
- The dispute is not resolved before the limitation period
Where the process
continues from here.
The path forward depends on the outcome of the liability response.
The liability response is the insurer's formal position — not a final determination. Where it is disputed, the process provides mechanisms to respond to it.
Full admission — what happens next
A full admission is the standard outcome in most straightforward road traffic accident claims where fault is clear.
When the insurer admits liability in full, the claim moves directly to the medical stage. No further action is required on the liability question — the insurer's position is recorded in the portal.
The next stage involves the arrangement of an independent medical examination. The examiner is accredited through MedCo — the body that oversees medical reporting in OIC claims — and has no connection to the insurer. The report they produce records the injury, the prognosis period, and the impact on daily life. That report is the document from which the settlement value is assessed.
Partial admission — how shared responsibility works
A partial admission means the insurer accepts some fault but argues the claimant also contributed. The proportion stated in the response is applied to any settlement reached.
Where the insurer admits partial liability, the response will state a percentage — for example, 75% responsibility accepted, 25% attributed to the claimant. Any settlement reached at the offer stage is reduced by the proportion attributed to the claimant. A 25% attribution reduces the settlement by 25%.
A partial admission allows the claim to proceed to the medical stage in the same way as a full admission. The proportion attributed is applied at the settlement stage, not at the medical stage.
The proportion stated in the response is the insurer's position — not a final determination. It can be disputed through the portal if it does not reflect the circumstances of the accident. Evidence relevant to how the accident occurred is the basis for any response to the attribution.
Denial — what the process allows
A denial does not end the claim. It is the insurer's formal position that their policyholder was not responsible. That position can be challenged.
A liability denial must include written reasons. The insurer cannot simply decline without explanation. Those reasons define exactly what is being disputed — whether fault is contested entirely, or whether a specific aspect of the accident account is challenged.
The process allows evidence to be submitted through the portal in response to the denial. Relevant evidence includes photographs of the scene or vehicles, dashcam footage from either vehicle, witness statements, and police reports where one exists. The evidence submitted is assessed alongside the reasons given for the denial.
If the dispute cannot be resolved through the portal exchange, the claim can proceed to the small claims court. A judge then determines whether liability is established and, if so, to what extent. The portal itself does not determine fault — it records the positions of each party and provides a mechanism for the exchange of evidence and argument.
Where liability is disputed and the evidence position is not straightforward, the process becomes less predictable. A solicitor with experience of OIC liability disputes can assess the evidence and advise on the options. The do I need a solicitor page covers when professional involvement materially affects the outcome.
Where this stage sits in the process
The liability decision occurs between claim submission and the medical stage. Its outcome shapes everything that follows.
After a claim is submitted through the OIC portal, the insurer has 30 working days to respond with a formal liability position. That period — approximately six to seven calendar weeks excluding weekends and bank holidays — is the defined window for the liability decision.
If 30 working days pass without a formal response, the portal provides a mechanism to record the non-response. This triggers defined consequences for the insurer under the portal's rules. That mechanism is used through the portal itself, not through informal contact with the insurer.
Where liability is admitted — in full or in part — the claim proceeds automatically to the medical stage. The portal will notify when the next step is ready. Where liability is denied, the process pauses at this stage until the dispute is either resolved through the portal or referred to the court.
Last reviewed: 10 April 2026
ClaimTalk provides general guidance only and not legal advice. This page draws on publicly available sources including the OIC portal's Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents.
ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.