The settlement offer has not been accepted.
This is how the process continues.
When an offer is not accepted, the process provides a mechanism for further responses. The number of exchanges is limited. The amount offered does not have to change between responses. The process determines how the claim is resolved — through agreement within the portal, or beyond it.
A response to the offer can be submitted through the portal. The process allows a limited number of offer and counter-offer exchanges. The amount offered does not have to change between responses.
The outcome depends on how the offer and the response are assessed — not on the number of exchanges that have taken place. If agreement is not reached through the portal, the process provides a route beyond it.
The steps below show how the process works from this point — what is allowed, what is constrained, and how the claim is resolved.
The settlement offer has not been accepted.
The process continues from this point.
This is the point where a response to the offer is submitted. The process does not end when an offer is not accepted — it provides a mechanism for further exchanges.
The prognosis period recorded in the medical report is used to determine the tariff band. The tariff band determines the figure. A response can address any discrepancy between the offer and what the evidence supports.
At this stage, the process
allows further responses.
A counter-offer can be submitted through the portal with a figure and a brief explanation. The process is structured to accommodate this.
The process is constrained.
The exchanges are limited.
The portal exchange mechanism has defined limits. Understanding those limits is part of understanding the process.
The claim settles.
The settlement is final.
What affects how
the claim is resolved.
- The medical evidence and the prognosis period recorded
- The tariff band that applies to the injury
- Additional costs and whether they are supported by evidence
- How the offer and response are assessed within the process
- The basis of the response is not grounded in the evidence
- Additional costs are not included or evidenced
- The exchange limit is reached without agreement
- The process moves beyond the portal without clarity on the basis
The outcome at this stage depends on how the offer and the response are assessed — not on the number of exchanges or the position of either party at any given point in the process.
How the counter-offer mechanism works
The OIC portal includes a defined exchange structure. Its existence reflects the expectation that settlement does not always happen on the first offer.
A counter-offer is submitted through the portal with a figure and a brief explanation of the basis for that figure. The insurer reviews it and responds — either with a revised offer or by maintaining their position.
The process allows up to three offers and three counter-offers. The insurer is not required to increase the offer at any point. The exchange continues until agreement is reached or the limit is reached. If agreement is not reached, the claim can exit the portal to a court determination.
The basis of a counter-offer affects how it is assessed. A response grounded in a discrepancy between the offer and the correct tariff figure, or in an omitted head of special damages, has a documentable foundation within the evidence that already exists in the claim. A response that does not reference specific discrepancies has a less clear basis.
The wait-out-prognosis option
The portal provides a third response to an offer that is not accepted immediately.
When an offer arrives, the portal provides three responses: accept, dispute, or wait. If symptoms have not resolved by the time the offer is made, the portal allows a claimant to select the wait-out-prognosis option — pausing the settlement process until the prognosis period has elapsed.
At that point, recovery can be confirmed and the process can proceed, or a further medical report can be requested if symptoms have continued. The wait-out-prognosis option does not close the claim and does not reduce the claimant's position within the process.
Special damages in the exchange
Out-of-pocket costs are assessed separately from the tariff figure and can be included at this stage if not addressed in the original offer.
Special damages cover financial losses caused directly by the accident — lost earnings, travel costs to medical appointments, physiotherapy, prescription charges and other evidenced out-of-pocket expenses. They are assessed separately from the tariff figure and are not capped by it.
If the original offer did not address special damages, or if the amount offered for them does not reflect the evidenced costs, the counter-offer response is the point at which those costs can be included. Special damages require evidence — receipts, payslips, mileage records, invoices.
When the process moves beyond the portal
If agreement is not reached through the exchange mechanism, the claim can exit to a court determination.
If the portal exchange process does not produce agreement, the claim can proceed to the small claims court, where a judge determines the outcome. This applies where the personal injury value does not exceed £5,000. Above that threshold, the claim proceeds on a different track where costs rules differ.
Court resolution is uncommon in straightforward soft-tissue injury claims — the portal exchange process resolves most claims without court involvement. For claims involving disputed liability, complex injuries, or amounts approaching or exceeding the portal threshold, the route beyond the portal may be different. The do I need a solicitor page covers when professional involvement materially affects the outcome at this stage.
Tariff reference
The tariff figure for the prognosis period recorded in the medical report is the basis against which the offer is assessed.
Two tariff schedules are currently in operation. The uplifted figures apply to accidents on or after 31 May 2025. The original 2021 figures apply to accidents before that date.
Figures last verified March 2026. Financial losses are assessed separately and are not capped by these values. For the full tariff including mixed injury figures, see the compensation tariff reference.
Last reviewed: 16 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 and the Whiplash Injury Regulations 2021 and Amendment Regulations 2025.
ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.