This is a common question but unfortunately it does not have a set answer. Of course, there are certain time frames in place to ensure your claim is kept moving and dealt with; however establishing a time frame for the overall settlement is simply not possible.
The main reason for this is that every case is different! Every accident has different circumstances (although many with the “standard issues”) and consequently different people suffer differently. Compensation is based on the severity and longevity of your injury and therefore some claims will inevitably take longer if you are suffering from a serious injury.
The two main protocols in place for claims where we would be pursuing an insurer is either under the Road Traffic Accident Protocol (as it says on the tin- for road traffic accidents, or RTAP) and the Personal Injury Protocol (PI). The latter is the one followed for accidents at work, whiplash injury claims and other slip and trip accidents.
Firstly: Under RTAP, The insurer has 15 working days to reply to the claim notification form with an admission or denial of liability.
Secondly: Under the PI protocol, insurers have 21 days to acknowledge receipt of the Letter of Claim and 3 months to complete their investigations before coming back with an admission or denial of liability.
Throughout these times periods, your personal injury lawyer should be helping you on the road to recovery – unfortunately though we hear of many stories here at the injury lawyers where clients have simply been left to twiddle their thumbs! Here at the Injury Lawyers we can arrange private medical care to help you get back on your feet straight away and it does not cost you a penny. It is all arranged on the No Win No Fee and therefore you can get on the road to recovery straight away- without long NHS waiting lists!
Unfortunately, a common misconception may be that going straight to the other side insurers or through your own (primarily in road traffic accidents) may be quicker- however PLEASE be wary! There are 2 major traps here! With regards to the defendant’s insurance, they simply may make an offer as quick as possible to get the claim of their books. A practice referred to as Third Party Capture! These figures are often very low and consequently leave you in the long run at a big disadvantage. With regards to going through your insurance direct, they will simply refer you across to a solicitor (for a price!!) and we hear many horror stories about how slow and unhelpful these firms can be! They will have paid a referral fee which means that they have less money to run your case with meaning a much slower process.
So, as you can see it can be a bit of a minefield out there! Claiming for compensation may be essential if you are suffering from a serious injury and consequently losses and therefore it is important to get the right representation. Although the process may take time- this is all to ensure you get the best result! After all the Tortoise did beat the Hare.
