How long’s a piece of string? The answer is actually twice the length from the middle (for the string); but the answer as to how long your claim will take is actually a very difficult question to answer.
I appreciate that you probably want a better response – well, I can certainly give you some guidelines that should provide you with an idea as to how long your claim may take; it’s all dependant on a number of factors.
How Long Should a Straightforward Claim Take to Settle?
A straightforward road accident can take between 2 – 4 months to settle if all goes well. For work accidents, slips or trips, or any other common type of accident, the claim can take between 4 – 8 months. This is only for the straightforward ones though – i.e. your injuries heal during the process of the claim, liability is not disputed by the other side, and you do not require any further treatment or assessment. There’s a lot that can delay a claim – and it’s normally all to do with the other side:
The thing is – and this is why claims can take so long – insurance companies do not want to pay you the compensation they owe you. They will do anything they can to avoid a payout if possible. They will play dumb – even if they know an accident has clearly happened, they will request strict proof from the victims and claim “there are no records of the accident,” even though you reported it to someone immediately after it happened. They will rely on records and evidence that is full of holes or even inaccurate. They have even been known to lie and fabricate documentation to try and avoid a payout.
You may have heard of incidents where insurance companies have spied on victims to try and undermine their credibility – read this article for a ridiculous story on the subject! (http://www.theinjurylawyers.co.uk/injury-lawyers-blog/2011/03/23/private-investigations-for-claim-victims/).
So – don’t expect the insurers to honour their duty to pay you fairly after you are injured in an accident that was not your fault. Make sure you enlist a specialist personal injury lawyer to make sure you have a fully qualified lawyer fighting your corner for your claim!
The Stages of a Claim – Road Accidents
Road accidents that occurred after 30th April 2010 are normally quicker than road accidents predating this period, and non road accidents. These claims fall within the new Road Traffic Accident Protocol which has increased the speed and efficiency of the whole process for both solicitors and insurers alike.
Your injury lawyer will submit your claim to the insurers via a secure online portal run and operated by the Ministry of Justice. This rules out postal delays – and the time scales for the insurers to act and respond accordingly have been drastically reduced compared to what they have in the normal Personal Injury Protocol.
For example – they now only have 15 working days in which to conclude their liability investigations. They must make accept, reject, or counter any initial offers solicitors make within 15 working days as well. Most payouts must be made within 10 working days. This is a stark contrast when you compare this with the normal Personal Injury Protocol – which, by the way, your claim may fall back in to in the event the insurers fail to adhere to the strict time lines in place.
The Stages of a Claim – Non Road Accidents / Road Accidents Predating 30th April 2010
For the ordinary Personal Injury Protocol, your injury lawyer will compile a formal Letter of Claim and send this over to the Defendant (the Third Party responsible for your accident and injuries). The Defendant will then have 21 days to pass this on to their insurers / solicitors / claims representatives, and they will then have three months in which to investigate your claim – so, we could be looking at almost 4 months before a response regarding their decision as to whether they accept fault or not is received. This is a long time – but we are legally obliged to let them have it.
Don’t get me wrong – they don’t always take that amount of time. A good injury law firm like us will hammer them for results quicker – calling them regularly and making sure they stick to the deadlines, or feel the wrath of a court application against them or proceedings being issued. It’s always best to have a good injury lawyer who you can trust to fight tooth and nail for your interests for the claim.
If the insurers dispute fault (which in all honesty they will find any excuse to do), we could be facing a lengthy process. Your injury lawyer should attain the advice of barristers to support the claim, and gather any evidence needed to fight the insurers / solicitors all the way to court if necessary. Court is a last resort – most cases are settled out of court. But you never know how willing the other side are to try and prevent a payout.
If they admit fault, we should be looking at a much more straightforward process! Your injuries will be assessed, treatment needs catered for, and when you are all well and better, or when you are happy with the opinion of the medical expert, we can look to settle your claim for compensation.
The best advice I can give you to try and speed up the process is to make sure you get a proper personal injury lawyer working on a Genuine No Win No Fee basis. A specialist injury lawyer with years and years of history in dealing with compensation claims should always be the better option – make sure you get a service second to none!
