Honest answers to the
questions people actually ask

A personal injury claim is a formal process through which someone who has been injured due to another person's fault seeks financial compensation. The compensation reflects both the injury itself and any financial losses — such as lost earnings, travel costs, or treatment expenses.

In England and Wales, most road traffic accident injury claims with a value under £5,000 now go through the Official Injury Claim portal — a government-run online system designed so people can manage their own claim without needing a solicitor.

Not necessarily. The OIC portal was designed so that people can manage low-value road traffic accident claims themselves.

The process itself does not change depending on whether you use a solicitor. What changes is who manages it.

The process is manageable for straightforward cases where liability is not disputed and the injury is minor. A solicitor becomes more useful when liability is denied, injuries are more serious, the claim includes significant financial losses, or you simply want professional support.

In most cases, you have three years from the date of the accident to begin legal proceedings. This is known as the limitation period.

The time limit applies to starting legal proceedings — not to when the claim is resolved. The process itself can take many months, so starting well before the deadline matters.

If the injured person was under 18 at the time, the three-year period runs from their 18th birthday, not the accident date.

Insurers may take into account your involvement in an accident — even if it was not your fault. This is one of the most common questions claimants ask, and the honest answer is: yes, it can affect your premium.

The impact depends on your insurer and how the claim was handled. If you used the OIC portal independently rather than going through your own insurer, the impact may differ. This is worth clarifying directly with your insurer before you proceed.

Possibly. The legal principle here is known as contributory negligence. If both parties contributed to the accident, compensation may still be awarded — but it may be reduced to reflect your share of responsibility.

Whether this applies, and to what degree, depends on the specific circumstances. If the other party disputes your version of events, specialist advice is particularly worthwhile.

Once submitted, the at-fault party's insurer (called the 'compensator' in the OIC process) has 30 business days to make a liability decision. During this period, it is normal for there to be no visible progress — silence is the expected experience, not a sign that something has gone wrong.

After liability is decided, the claim moves to the medical stage, followed by an offer from the compensator.

Liability refers to legal responsibility for the accident. When the compensator admits liability, they are accepting that their policyholder was responsible for the accident.

An admission of liability does not mean the claim is settled. It is the start of the next stage — gathering medical evidence and agreeing on the compensation amount.

Delays are common and do not automatically mean something has gone wrong. Common reasons for periods of apparent inactivity:

• The compensator is within their permitted response window
• A medical appointment is being arranged
• The medical report is being prepared — typically several weeks after the appointment
• The compensator is reviewing the report before making an offer

If you have been waiting significantly beyond normal timeframes without explanation, it is reasonable to follow up directly.

A medical report is produced by an independent medical expert — not your GP — following an examination of your injuries. It records your injuries, their severity, and the likely recovery period.

The report is not just evidence — it is the basis on which your claim is valued. The compensator uses it to calculate the settlement offer. The prognosis period stated in the report directly determines which compensation tariff band applies.

Yes — before it is submitted. After your appointment you will receive a draft copy to review. If symptoms are missing, underreported, or the prognosis doesn't reflect your actual recovery, you can raise formal amendments.

Once you approve the report, it cannot be changed. The settlement offer you receive will be based directly on it. Do not approve it hastily.

Rarely straight away. First offers reflect the minimum justifiable amount — the portal was designed with a negotiation mechanism because counter-offers are expected, not unusual.

The factors relevant to the timing of acceptance include whether the medical report accurately reflected the injuries, whether all financial losses were included, and whether symptoms have stabilised.

Once you accept, the claim is concluded and cannot be reopened — even if symptoms continue or worsen.

It may be worth waiting if your symptoms are still ongoing, if the medical report does not reflect your current condition, or if not all financial losses have been included.

There is no obligation to accept an offer the moment it arrives. The process accommodates waiting. A closed claim does not.

Yes. Through the OIC portal you can reject the offer and submit a counter-offer with a figure and a brief explanation. You do not need legal training — clarity and accuracy matter more than formality.

This back-and-forth is normal and can take two to four rounds before settlement is reached. If no agreement is reached, the matter can proceed to the Small Claims Court.

Compensation in England and Wales generally has two parts:

General damages (the tariff payment) — covers pain, suffering, and loss of enjoyment caused by the injury. For OIC claims, this is set by a fixed government schedule based on injury type and recovery period.

Special damages — covers financial losses caused by the accident: lost earnings, travel to medical appointments, prescriptions, physiotherapy. These are separate from the tariff and not capped by it.

No. Personal injury compensation in England and Wales is not subject to income tax, capital gains tax, or any other UK taxation — as a general rule. You keep the full amount awarded, whether received as a lump sum or in instalments. Interest earned on compensation held in savings is taxable in the normal way. If there is any uncertainty about a specific situation, independent financial or tax advice is the appropriate route.

Yes — lost earnings as a result of the accident can be claimed as special damages, separate from the tariff injury payment. Keep payslips showing normal earnings, and obtain a letter from your employer confirming the absence and reason.

Self-employed claimants can also claim lost earnings, though more supporting evidence — invoices, accounts, client records — may be required.

This practice — sometimes called 'third party capture' — involves the at-fault party's insurer approaching you with an early offer before you've had a chance to seek advice or understand your injuries fully.

This practice is legal. But it is not neutral. At that early stage, the full extent of your injuries may not yet be known. Any offer made is based on limited information.

You are not obligated to deal directly with the other party's insurer, and you are not obligated to accept any early offer they make.

No. You are free to instruct any solicitor you choose, or to handle your OIC portal claim yourself.

Solicitors recommended by your own insurer may have a commercial relationship with that insurer. This doesn't necessarily mean they won't act in your best interests — but it is worth being aware of. An independent solicitor has no such arrangement.

Insurers handle large volumes of claims. Delays are common and don't automatically indicate something is wrong. However, there are permitted timeframes they must work within — and through the OIC portal, if those aren't met, there is a formal escalation mechanism.

If you've been waiting significantly beyond normal timeframes with no communication, following up directly is reasonable.