Where are you
right now?
No jargon. No pressure. No legal advice — just clarity about your position and what to expect next.
Check where
you stand
Whether you haven't started yet or you're already mid-claim, this tool gives you clarity on your position and what to expect next.
ClaimTalk provides general guidance only. We do not offer legal advice and are not affiliated with the Official Injury Claim portal or any government body.
Silence at this stage is expected — the process is working as it should
After submission, the other party's insurer has up to 30 working days to make a formal liability decision. During this window, you will receive very little communication. That is not a sign anything is wrong — it is the intended experience. The clock is running; nothing visible happens on your side.
What 30 working days actually means
Working days exclude weekends and bank holidays. 30 working days is typically six to seven calendar weeks from the date of submission. If you submitted recently, you are almost certainly still well within that window.
What to do right now
- Note the exact date you submitted — that is when the 30-working-day clock started
- Check your portal account for any notifications or updates
- No further action is required from you at this stage
- If 30 working days pass without a formal decision, you are entitled to use the portal's formal non-response process
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If 30 working days have passed without a liability decision, you are entitled to take formal steps
The insurer had 30 working days from the date of notification to make a liability decision. If that window has passed without a formal response, this is not normal — and the OIC portal has a specific process for recording a non-response, which has formal consequences for the insurer.
Before you act — check your date carefully
The 30 working days run from the date the claim was formally submitted and notified through the portal — not the date of the accident. Excluding weekends and bank holidays, 30 working days is approximately six to seven calendar weeks. If you're at the boundary, double-check your submission date first.
What the process provides for
- Log in to your OIC portal account and check the current status of your claim
- If no liability decision is recorded and the deadline has passed, use the portal's formal non-response mechanism
- Keep a record of the submission date and all portal activity
- If you are uncertain how to proceed through the portal, this is a situation where regulated legal advice may be worth obtaining
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
To know whether silence is normal, you need to know exactly when you submitted
The key date is not when your accident happened — it is the date your claim was formally submitted and accepted through the OIC portal. Everything else is measured from that point. If you're unsure of the date, your portal account will have a record.
What to check
- Log in to your OIC portal account and find the submission confirmation
- Count 30 working days forward from that date — excluding weekends and bank holidays
- If that deadline hasn't passed yet, silence is completely normal
- If it has passed, use the portal's formal non-response process
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
The medical stage is where the value of your claim is set — it deserves your full attention
Once liability is admitted, an independent medical examination is arranged. The report that comes from it — the prognosis period it records, the symptoms it describes — directly determines the tariff value of your compensation. This is the most important document in your claim.
The single most important thing at this stage
You will receive a draft copy of the report to review before it is submitted. Do not approve it without reading it carefully. If any symptoms are missing, underreported or the prognosis period doesn't reflect your actual recovery — raise it before approving. Once submitted, the report cannot be changed through the standard process.
What's normal at this stage
- Waiting four to eight weeks after liability is admitted for a medical appointment to be arranged
- A short appointment — often 20 to 40 minutes — is standard
- Receiving the draft report one to three weeks after your appointment
- Being asked to approve the report before it is submitted to the portal
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
The first offer is a starting point — not a conclusion you're required to accept
Settlement offers in the OIC process are calculated from a government tariff applied to your injury type and the prognosis period in your medical report. The first offer is rarely the highest offer. You are under no obligation to accept it, respond quickly, or feel pressure to close the claim.
Before you respond to any offer
The most important question is not whether the figure seems reasonable — it is whether your symptoms have fully resolved or stabilised. Once you accept a settlement, the claim closes permanently. If you are still experiencing symptoms, it may be too early to settle.
What you are entitled to do
- Take time to consider — you are not required to respond under pressure
- Reject the offer and make a counter-offer through the portal
- Claim financial losses separately on top of the tariff figure
- Check the Compensation Tariff to see what your injury type and prognosis period should produce
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If you're unsure, that's completely okay. We'll explain what this usually means.
If you're not certain, choose the closest option.
Many symptoms — including whiplash — develop in the hours and days after an accident, not immediately.
Many claims begin before fault has been formally decided. Choosing "not clear yet" is completely fine.
The standard three-year limitation period appears to have expired
Based on what you've told us, the standard three-year period for starting a personal injury claim appears to have passed.
If any of these situations may apply, the standard three-year period may not be the relevant deadline for your claim.
This tool is for personal injury claims
If you were not injured in the accident, a personal injury claim may not be the right route. You may still have options — for example, a claim for vehicle damage — but these follow a different process.
The process is different where you are
The Official Injury Claim portal applies to accidents in England and Wales only. ClaimTalk's guidance is focused on that process.
Fault affects your claim — but not always completely
If you believe the accident may have been your fault, this does affect your position. However, it does not always prevent a claim entirely.
You're likely within the standard time limit and may be able to bring a personal injury claim
Your situation appears consistent with someone who may have grounds for a personal injury claim. Based on your answers, the Official Injury Claim portal is likely to be the relevant process for you.
The OIC portal — what this means for you
The Official Injury Claim portal is a government process for lower-value personal injury claims arising from road traffic accidents in England and Wales. You do not need a solicitor to use it — it is designed so that claimants can navigate it themselves. The process follows structured stages and ClaimTalk can help explain each one.
What usually happens next
- You submit a claim notification through the OIC portal with details of the accident
- The other party's insurer has 30 working days to respond with a liability decision
- If liability is accepted, the medical stage begins — an independent examination to assess your injuries
- A settlement offer is then made, which you can accept, negotiate or reject
Which stage are you at?
- If you haven't submitted a claim yet — you're at the Starting stage
- If you've submitted and are waiting — you're at the Waiting for Liability stage
- If you've been asked to attend a medical — you're at the Medical stage
- If you've received an offer — you're at the Offer stage
ClaimTalk provides general guidance only and does not determine whether you have a valid claim. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
As a passenger, your position is often more straightforward
Passenger claims are generally cleaner when it comes to fault, because as a passenger you are rarely considered responsible for an accident. Whether the fault lay with the driver of the vehicle you were in, another driver, or both, your claim is usually unaffected.
Which process applies to you
If the accident happened in England or Wales and your injuries are expected to be worth under £5,000, your claim may fall under the Official Injury Claim portal. You do not need a solicitor to use this process. ClaimTalk can help explain each stage.
What usually happens next
- A claim notification is submitted through the OIC portal
- The relevant insurer is notified and given 30 working days to respond
- If accepted, a medical examination takes place to assess your injuries
- A settlement offer is made, which you consider and respond to
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
As a pedestrian, cyclist or motorcyclist, you are outside the OIC portal — and that's actually in your favour
The Official Injury Claim portal applies to lower-value claims brought by drivers and passengers. Pedestrians, cyclists and motorcyclists are excluded from the fixed tariff system — which means your compensation is assessed on your full range of losses, not a capped schedule.
What this means in practice
You are more likely to be able to recover legal costs from the other party, which means a solicitor can often take on your case on a no-win no-fee basis at no direct cost to you. This is a significant advantage compared to claims that fall under the OIC portal.
What usually happens next
- A solicitor is typically instructed — on a no-win no-fee basis in most cases
- The claim is submitted to the other party's insurer
- A liability response is awaited
- Medical evidence is gathered and a settlement negotiated
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
If you were under 18 at the time, different rules apply — and you may still have time
For claimants who were under 18 at the time of the accident, the standard three-year limitation period works differently. Instead of running from the date of the accident, it runs from the claimant's 18th birthday. This means there may still be time to bring a claim even if the accident happened several years ago.
What this usually means
- The three-year limitation period runs from your 18th birthday, not the accident date
- A parent or guardian can bring a claim on behalf of a child before they turn 18
- Claims involving minors have specific procedural rules in the OIC process
- A solicitor experienced in child injury claims can advise on your specific position
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
Your situation may allow for a claim — but there are some things to clarify first
Based on your answers, your situation isn't entirely clear-cut — but that doesn't mean a claim isn't possible. Several factors you've described suggest there are things worth understanding further before drawing any conclusions.
What would help to understand
- The exact date of the accident — to confirm whether the limitation period applies
- Whether your symptoms were documented by a GP or medical professional
- Whether the other party's insurer has been contacted or notified
- Whether any offer or settlement has already been discussed
Where to go from here
- Use our Limitation Calculator to check your time position
- Explore the stage guidance to understand the OIC process
- Use the How to Use ClaimTalk page to understand which tool fits your situation
ClaimTalk provides general guidance only. Individual circumstances vary. If you need legal advice, please contact a regulated solicitor.
ClaimTalk provides general guidance only. Not legal advice. Not affiliated with the Official Injury Claim portal or any government body.