The Official Injury Claim (OIC) UK is a way for individuals to claim compensation for minor injuries, such as whiplash, sustained in a road traffic accident that wasn’t their fault. The OIC process is designed for claims under £5,000 for injury damages.
This is an overview of how it works:
Step 1 – Who can claim?
You must have been injured in a road traffic accident in England or Wales that was not your fault. Typically, these claims involve minor injuries.
Any exclusions? Cyclists, pedestrians, and motorcyclists cannot use the OIC portal and must claim through other channels.
Step 2 - Registering on the OIC Portal
The OIC portal, set up by the Ministry of Justice, allows claimants to manage their claims independently or with legal assistance. To do this you'll need to provide personal details, the date of the accident, the vehicles involved, and information about your injuries.
Step 3 - Submitting a Claim
The details that will be required from you are:
Step 4 - Medical Assessment
You will need to attend a medical appointment with an independent medical expert who will assess the extent of your injuries and provide a report, or if this is not possible, to include details of any hospitals and/or treatment you have received. This report forms the basis for your compensation amount.
Step 5 – the Liability Decision
Once the claim is submitted, the at-fault driver’s insurer will either accept liability and make an offer based on the medical report, or deny liability, requiring further evidence or dispute resolution.
Step 6 - settlement or dispute
If liability is accepted: The insurer makes an offer. You can accept, reject, or negotiate.
If liability is disputed: You can provide further evidence or escalate the claim through a formal dispute resolution process. In some cases, you may need to proceed to the court for resolution.
Step 7 - Compensation Payment
Once agreed, the insurer processes the payment. The total compensation includes injury damages and any additional costs (e.g., loss of earnings or rehabilitation costs, if applicable).
How long does a typical OIC claim take?
The time it takes to complete an Official Injury Claim (OIC) can vary depending on several factors, including:
The length it takes to receive an offer: As of October 2024, it takes an average of 87 days to receive an offer and advise the compensator of your decision.*
The time it takes to reach a settlement: As of June 2023, it took an average of 251 days for a claim to reach settlement.*
Recovery from injuries: The time it takes to recover from your injuries can impact how long your claim takes.
How quickly fault is established: How quickly fault for the accident is established or agreed can impact how long your claim takes.
The type of accident: The type of accident can impact how long your claim takes.
The seriousness of your injuries: The seriousness of your injuries can impact how long your claim takes.
Who the claim is being made against: Who the claim is being made against can impact how long your claim takes.
*According to latest information from https://www.parliament.uk/
What are the benefits of the OIC Portal?
The system has been specifically designed to simplify the process for minor injury claims. It reduces legal costs, as claimants can submit claims directly without the need for legal representation.
But the OIC Portal isn’t for everyone – and sometimes a claimant requires legal representation.
When should you seek legal advice?
While the portal allows for self-representation, complex claims (e.g., those with disputed liability or higher damages) may benefit from the support of a legal professional. You should also seek legal advice if multiple injuries are sustained – including whiplash (tariff injuries) and other injuries (non-tariff injuries). If whiplash injuries persist for more than two years, you should speak to your solicitor.
For more detailed guidance, you can visit the Official Injury Claim website or consult with a legal expert specializing in personal injury claims.
Coles Miller has represented some clients that have ‘outgrown’ the OIC Portal, for several different reasons. Here are some examples of case studies from our specialists at Coles Miller:
Serious Injury Paralegal Crispin Cormack;
“Client A had obviously suffered psychological injuries. When spoken to, he was very emotional and claimed he was having flashbacks. When he saw our initial expert, they recommended an examination by a Clinical Psychologist who diagnosed Client A. Client A was involved in a road traffic accident and experiencing a phobia of driving on motorways. Client A was recommended 8-12 sessions of Cognitive-behavioural therapy to aid his psychological recovery. This combined with his other injuries will mean the claim will exceed the £5k threshold.”
Personal Injury Executive Brian Parsons:
Client B was involved in a road traffic collision, sustaining a whiplash and psychological injury. She delayed seeking legal advice and did not instruct Coles Miller in connection with her claim until over a year later. In the meantime, she dealt with her own claim, submitting a claim form to the insurers via the OIC portal. Liability was admitted and medical evidence was obtained. Client B attempted to settle her claim for £15,000 prior to instructing Coles Miller, and found the claims process very confusing. Upon instructing Coles Miller, the settlement offer was withdrawn, and the claim exited the OIC portal because the claim value for injury alone exceeded the upper limit of £5,000. The claim settled for £50,000.
Personal injury solicitor Jonathan Rich:
Client C was involved in a road accident. His insurers passed him on to solicitors on their panel. Those solicitors treated it as a straightforward low value claim and submitted it on the OIC, but his claim was more serious than that.
The OIC is for low value claims where there is only soft tissue damage that lasts less than two years. Now two and half years on from the accident, Client C is still not back at work. His concentration and physical abilities have been affected and he has not been able to work. His claim is worth significantly more than the original panels solicitors believed. Client C is having treatment and the outcome of that will indicate whether he will ever be able to return to work. Once we considered the psychological effects of the accident, it was no longer suitable for the OIC portal as it was above £5,000. In this instance, it was important that solicitor helped the client to see the wider picture of a claim.
For more information, contact our personal injury specialists at Coles Miller. Our experts specialise in personal injury cases, road traffic accidents; injuries at work; slips, trips and falls; public liability claims, and criminal injuries.
To book a free no obligation chat with one of our PI solicitors, Brian Parsons