It is a question that many people want to know and a question which we are asked time and time again. In terms of how long a claim will take from us taking it on to you receiving a settlement cheque, it is always difficult to say as it depends on a number of factors.
We as a firm pride ourselves on being efficient; we move cases forward as quickly as possible. However, to an extent we do rely on others such as insurance companies, the courts, medical experts etc.
A claim is likely to go through quicker if liability is not an issue and if the symptoms are relatively minor so only one medical report is required. However every case is different and at the outset any time frames given by any Solicitor would be effectively a guess.
In terms of how long it takes for insurance companies to reply to a claim, there are rules in place to ensure that claims are dealt with in a timely and effective manner. These so called rules are set out in protocols such as the Pre-Action Protocol for Personal Injury Claims, the Road Traffic Accident Protocol, the Pre-Action Protocol for Disease and Illness Claims etc. A protocol is basically a set of guidelines which should be followed. The protocol sets out time limits for the insurer’s response. If there is a failure to respond in time then a Claimant can make an application to the Court for pre-action disclosure. Such an application is not a quick fix but it is often needed to move matters forward and to try and force the Defendant or the Defendant’s insurers into dealing with the claim.
In terms of the actual time limits it depends on the type of claim in question and which protocol is applicable. In terms of a general personal injury claims under the Pre-Action Protocol for Personal Injury Claims, the time limit for a response is 3 months and 21 days. By general personal injury claims I mean accidents at work, trip/slip accidents, supermarket accidents etc.
A formal letter of claim would be submitted to the Defendant setting out the nature and circumstances of the claim and the reasons why the Defendant is at fault. A response from the Defendant, their insurers or Solicitors would be expected within 21 days. Following acknowledgement of the claim within 21 days, the Defendant or their insurers or Solicitors have a further 3 months to investigate the claim and provide a response. If liability is denied the Defendant should provide disclosure documentation. If liability is admitted then there is no need for documentation to be disclosed.
The 3 months and 21 days is known as the protocol period. If the Defendant or their insurers or Solicitors fails to provide a liability decision or disclosure within the protocol period then a pre-action disclosure (PAD) application can be made. This is an application for the disclosure documents which should assist in terms of liability or fault.
In road traffic accident (RTA) claims a different protocol applies, namely the Road Traffic Accident protocol. With RTA claim a Claim Notification Form is sent to the Defendant’s insurers rather than a letter of claim. The Claim Notification From will contain all the relevant information to enable the Defendant’s insurers to investigate liability. The Defendant has 15 business days in which to respond to the Claim Notification Form. It is often the case that insurers do not respond in time and as such the claim is removed from the Road Traffic Accident Protocol. In this scenario the claim continues under the Personal Injury Protocol.
Claims can vary in length for many different reasons. Simple claims may be wrapped up within a few months. More complex claims are likely to take longer as more medical evidence would be required from a range of experts in different fields. This does take time. The time that a claim takes is important but there are other factors as well. We want you to get the maximum compensation that you deserve. Insurance companies often make low offers early on (perhaps before you have been medically examined). This is purely because they are trying to save themselves some money. Before you have been medically examined it is impossible to put a value on your claim. Therefore if you accepted the offer you may not be getting the full amount of compensation that you deserve. By settling a claim early before medical evidence insurance companies are paying less in legal costs, for example they would not have to pay the fee for the medical report.
