Problems With Your Claim
Something feels unclear or stuck.
Six situations that can arise within the claims process — explained in plain terms.
Most of what feels wrong
has a straightforward explanation
Claims slow down. Insurers go quiet. Offers arrive that seem low. Medical reports contain errors. These experiences are common and most of them have clear explanations within the process. This page covers the six situations claimants ask about most — what is happening, what the process provides for, and where regulated legal advice forms part of the process.
When an insurer denies liability, they are saying they do not accept that their policyholder was at fault for the accident — or that the fault was shared. This is not the end of the claim. It is a formal position that can be challenged.
Under the OIC portal process, a liability denial must come with reasons. The insurer cannot simply say no. Those reasons matter — they tell you what is being disputed and whether the evidence available supports a different conclusion.
- The insurer must provide written reasons for the denial
- You may respond with evidence — witness statements, dashcam footage, police reports, photographs
- If the dispute cannot be resolved through the portal, the matter may proceed to the small claims court
- Split liability — where fault is shared — is also possible; this affects the value of any award, not whether a claim exists
Silence is the most common source of anxiety in the claims process — and in most cases, it is not a problem. After submission, the insurer has 30 working days to respond with a liability decision. During that window, receiving nothing is entirely normal. The clock is running; nothing visible happens on your side.
The situation is different if the 30 working day deadline has passed without a formal response, or if you are mid-negotiation and communication has stopped without explanation.
- 30 working days from notification is the liability response deadline — calculate from the date of submission, not the accident date
- If that deadline passes without a decision, the portal has a formal process for recording a non-response — this has consequences for the insurer
- During negotiation, if the insurer stops responding without explanation, the portal's escalation mechanism can be used
- Keep records of all correspondence and the exact dates of each submission and response
A low first offer is not unusual — it is the standard starting position. Settlement offers under the OIC process are calculated from a fixed government tariff applied to your injury type and prognosis period. The first offer reflects the minimum the tariff supports; it is not necessarily the full picture of what the claim is worth.
There are two reasons an offer may feel low. The first is that the medical report understated your symptoms or prognosis period — in which case the offer is correctly calculated from an inaccurate report. The second is that financial losses have not been included or have been undervalued — and these sit outside the tariff entirely.
- You are not required to accept any offer — the portal is designed for negotiation
- You may reject the offer and submit a counter-offer with a figure and brief explanation
- If financial losses were not included in the offer, they may be raised separately as special damages
- The process allows a limited number of offer and counter-offer exchanges, typically up to three — the number may be fewer depending on how the claim progresses
This is one of the most difficult situations to be in — and one of the most common. Once a medical report has been approved by the claimant and submitted to the portal, it cannot be amended through the standard process. The figures it contains become the basis for the settlement offer.
If you approved a report that did not accurately reflect your symptoms or prognosis, the settlement offer you receive will reflect that inaccuracy. Understanding your options at this point requires clarity about exactly what went wrong and when.
- If symptoms have continued or worsened beyond the prognosis period in the report, it may be possible to commission a further medical report to reflect the updated position — this is not guaranteed and depends on the circumstances
- If the report contained a factual error — not a difference of opinion — it may be possible to raise this formally, though the process for doing so is not straightforward
- If you have not yet accepted a settlement offer, you still have room to negotiate on other aspects of the claim, including financial losses
OIC claims typically resolve within six to twelve months from submission to settlement — though this varies significantly depending on the stage reached, the complexity of the medical evidence, and how quickly each party responds. Feeling like a claim is moving slowly is common. Whether that feeling reflects an actual problem depends on where in the process the delay is occurring.
- After submission: up to 30 working days for a liability decision is normal — this alone is six calendar weeks
- Medical appointment: four to eight weeks from liability being admitted to the appointment being arranged is typical
- Medical report: one to three weeks after the appointment to receive a draft is standard
- Offer stage: the insurer has 20 working days from the offer being requested to make an offer
- Offer and counter-offer stage: the process allows a limited number of offer and counter-offer exchanges, typically up to three — the number may be fewer depending on how the claim progresses
If that deadline passes without a decision, the portal provides a formal mechanism for recording a non-response. This forms part of the claim record.
The OIC portal has a built-in escalation mechanism for situations where an insurer misses a deadline, fails to respond, or behaves unreasonably within the process. Using it is not aggressive — it is the process working as intended. It creates a formal record and triggers defined consequences under the portal's rules.
Beyond the portal itself, there are further routes available if the insurer's conduct falls short of what is required. These are formal processes with their own timescales and requirements.
- OIC portal escalation: used when a deadline has been missed or the insurer is not engaging — this is done through the portal itself and forms the first stage of the formal process
- The insurer's internal complaints process: all regulated insurers are required to have one — a formal complaint triggers an eight-week response deadline
- The Financial Ombudsman Service (FOS): if the insurer's response is unsatisfactory or eight weeks pass without resolution, a complaint can be referred to the FOS at financial-ombudsman.org.uk — this is a free, independent service
- The Motor Insurers' Bureau (MIB): relevant where the other driver was uninsured or untraced
Check where you actually stand — in under two minutes.
Seven questions. Plain-English result. Clarity on which process applies to your situation and what to do next.
The claim continues from the point at which it was interrupted. The stages below reflect where the process resumes.
Last reviewed: 10 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.