When your claim falls outside the OIC portal

The OIC portal has a threshold

The OIC portal handles claims where the injury value is under £5,000 and the total claim value — including financial losses such as lost earnings and care costs — is under £10,000. Where a claim exceeds those thresholds, it does not proceed through the portal. OIC data shows that large numbers of claims exit the portal each quarter.

The injury threshold is based on the value of the injury itself, but the overall claim value — including financial losses — also determines whether the claim remains within the portal. A whiplash injury worth £965 in tariff compensation that also involves £6,000 in lost earnings has a total value above the £10,000 threshold. The claim exits the portal because of the financial losses, even though the injury itself would be tariff-rated. This distinction is worth understanding clearly before submitting.

Who is never in the OIC portal

Three categories of claimant never enter the portal regardless of injury value.

Cyclists, motorcyclists, pedestrians, and horse riders — classified as vulnerable road users. For these claimants the small claims limit remains £1,000, not £5,000. Claims above £1,000 allow legal costs to be recovered from the defendant. The financial case for legal representation is different from the outset, and specialist legal advice is worth seeking early.

Children — anyone under 18 at the time of the accident. Their claims do not go through the OIC portal. A litigation friend must be appointed to manage the claim on their behalf, and court approval is required before any settlement can be accepted. The three-year limitation period for a child does not begin until their 18th birthday.

Accidents involving uninsured or untraced drivers — where the driver who caused the accident was uninsured, or fled the scene and cannot be identified, the OIC portal does not apply. These claims follow a separate process through the Motor Insurers' Bureau.

What changes when a claim falls outside the portal

When a claim is valued above the OIC threshold, it moves into a different part of the civil justice system. The practical differences are significant.

Injuries that typically fall outside the portal

Injuries that typically fall outside the portal include:

What to do if your claim falls outside the portal

The first step is establishing whether the claim falls within or outside the OIC process. The checker covers the eligibility questions. If you are a cyclist, pedestrian, motorcyclist, or horse rider the answer is already clear — the portal does not apply regardless of claim value.

Serious injury claims are typically handled with specialist legal representation. Unlike straightforward OIC claims — where the fixed tariff means the financial case for self-representation is real — serious injury claims involve a complexity and a value where the difference between good and poor legal representation directly affects the outcome. Legal expenses insurance, if you have it through your car or home insurance policy, should be checked before instructing a solicitor on a no win no fee basis. If LEI covers the claim, the solicitor's fees are paid by the insurer rather than from the compensation.

Early settlement can carry significant risk where the long-term impact of an injury is not yet clear. Insurers sometimes make early offers before the full picture of the injury, recovery trajectory, and financial impact is established. An early settlement closes the claim permanently. Where the consequences of an injury remain uncertain — particularly for brain injuries, spinal injuries, or conditions with an unpredictable prognosis — settling before that picture is clear is a decision that cannot be undone.

Where to go from here

If you are unsure whether your claim falls within the OIC process, the checker is the right starting point. If you know your claim is outside the portal, the priority is finding a solicitor who specialises in serious injury, early.

The limitation calculator gives the exact three-year deadline for any accident date. The do I need a solicitor page covers legal expenses insurance in detail — worth reading before instructing anyone.