OIC process scope — England and Wales

The OIC process applies to a defined category of claim.
These are the criteria.

The Official Injury Claim process applies to a specific type of road traffic accident claim. The criteria define when it applies — and when it does not.

Independent guidance. Not affiliated with the OIC portal, the Motor Insurers' Bureau or any government body.

What determines whether the process applies

Five criteria determine whether a claim falls within the OIC process: accident type, jurisdiction, injury type and value, time limit, and the presence of an identifiable third party. If a claim falls outside any of these, the OIC process does not apply.

The criteria define scope — not eligibility in the advisory sense. The Check Where I Stand tool applies them to a specific situation.

The steps below explain each criterion — what it covers and what falls outside it.

OIC process scope — the five criteria 1 of 5

The OIC process applies
to a defined category of claim.

Not all road traffic accident claims fall within the OIC process. Five criteria determine whether the portal is the applicable process for a claim.

Process scope

Five criteria

Each must be met for the OIC process to apply

Road traffic · England and Wales · Minor injury

If a claim falls outside any of these criteria, the OIC process does not apply.

Criterion 1 and 2 —
Accident type and jurisdiction.

The OIC process covers road traffic accidents in England and Wales only.

The accident must be a road traffic accident. The OIC process covers incidents involving a motor vehicle on a road or in a public place.

The accident must have occurred in England or Wales. Scotland and Northern Ireland operate under different legal frameworks. The OIC process does not apply to accidents in those jurisdictions.

Criterion 3 —
Injury type and value.

The OIC process is designed for minor injuries valued under £5,000 in injury damages.

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The injury must be a minor injury as defined by the Civil Liability Act 2018 — in practical terms, short-term soft tissue injuries such as whiplash.

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Injury damages must be valued under £5,000. Where injury damages exceed this threshold, the claim does not remain within the OIC process.

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More serious injuries fall outside the OIC process. Fractures, significant psychological diagnoses, and long-term conditions are not assessed under the OIC tariff structure.

Criterion 4 —
Time limit.

A personal injury claim must be brought within the limitation period.

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The standard limitation period is three years from the date of the accident. A claim submitted after this date cannot proceed within the standard process.

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Where the claimant was under 18 at the time of the accident, the three-year period runs from their 18th birthday — not the accident date.

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The OIC portal does not extend the deadline. The limitation period runs independently of whether a claim has been submitted or is in progress.

The Limitation Calculator shows the time position for a claim based on the accident date.

Criterion 5 —
Fault position and third party.

The OIC process applies whether or not fault is disputed. A claim requires an identifiable third party against whom it is made.

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The OIC process applies whether or not fault is disputed. Liability is determined as part of the process — not as a condition of entry.

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A claim requires an identifiable third party against whom it is made. Where no other party is identifiable, there is no third party to claim against through the portal process.

Where fault is disputed, the liability decision stage of the process records and assesses the positions of each party.

Apply these criteria to a specific situation

Check Where I Stand → Seven questions. Applies the criteria to a specific situation and identifies which process applies. How the OIC process works → A full explanation of what the OIC portal is, how each stage runs, and what it does not handle well.

What falls outside the OIC process

Several claim types fall outside the portal — because of the accident type, the injury, the jurisdiction, or the value.

Cyclists, pedestrians, motorcyclists and horse riders are not covered by the OIC tariff system. Their claims are assessed under different rules. Claims where injury damages exceed £5,000 do not remain within the OIC process. Claims involving serious psychological injury with a prognosis beyond 12 months fall outside the tariff structure. Accidents in Scotland or Northern Ireland are governed by different legal frameworks and the OIC process does not apply.

The Check Where I Stand tool applies these criteria to a specific situation and identifies which process applies.

Last reviewed: 10 April 2026

Please note

ClaimTalk provides general guidance only and 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.

The OIC process applies to a defined category of claim.These are the criteria.

The OIC process appliesto a defined category of claim.

Criterion 1 and 2 —Accident type and jurisdiction.

Criterion 3 —Injury type and value.

Criterion 4 —Time limit.

Criterion 5 —Fault position and third party.