Help with liability
Welcome to the Official Injury Claim (OIC) Help Hub. In this section we will guide you through the liability stage of a claim. Here you will find useful resources to assist with this stage of the claim process. These include:
- Hints & Tips
- Support Guides
- FAQs
- Sample Forms
Hints & Tips
The latest data* from November 2024 tells us that on average compensator's were making a decision on liability and responding via the portal within 13 working days.
You can help keep your claim on track by:
- Being prompt to answer any in-system messages telling you there is action for you to take
- Log into the system and take action
*Data from unrepresented claimants.
Support Guides
To provide support with your claims process, we have created a suite of guides which contain step-by-step guidance on how best to navigate various stages during your journey through the OIC Portal.
Here are the support guides available for the Liability stage:
Challenge Denied Liability - This guide covers how you can challenge the compensator's decision when they have denied liability for your claim.
Challenge Partial Liability - This guide covers how you can challenge the compensator's decision when they have denied partial liability for your claim.
Dispute Accident Caused Injury - This guide covers the journey you will follow if the compensator has disputed the accident has caused any injury to you.
Guide to making a claim - This guide, available in English and Welsh, explains all the legal terms and procedures you may come across when making a claim if you need further help.
Liability FAQs
Please take a look below for our most frequently asked questions surrounding the Liability stage of the claim process. If you do not find the answer to your query here, please check further down this page for additional supporting documentation which may assist you.
How long will it take for the compensator to make a liability decision?
A compensator has 30 business days to make a decision. If the claim has gone to the Motor Insurers' Bureau they have 40 business days.
What happens if the compensator doesn't make a liability decision within the timescales?
After 30 business days for a compensator and 40 business days for MIB have passed, liability will automatically be accepted by the compensator.
Why has the compensator denied liability?
There could be a number of reasons why the compensator has denied the liability of your claim, details can be found by reviewing the compensator's response. You will have three options: to accept denial, to challenge denial or go to court.
The compensator has provided a partial liability response. What does this mean?
Where the compensator has only admitted liability in part (that is, admitting only a percentage share of liability for the accident) you may challenge this liability response and propose a different percentage share of liability (you can do this a maximum of 3 times).
What can I do if I do not agree with the denial or partial liability compensator response?
If you do not agree with the response made by the compensator on liability you are able to challenge this 3 times or you can go to court.
Why has my claim been removed by the compensator?
There are only a limited number of reasons why a compensator can remove your claim. The compensator needs to explain this to you if they have taken this step.
The compensator have admitted liability in full or part, but have disputed the accident caused any injury. What does this mean?
The compensator has agreed that the accident happened and that it was fully or partially the fault of the driver you feel was responsible. However, the compensator may disagree that any injury was caused by the accident. At this point, you can choose to proceed to medical or decide not to proceed with the claim. Should you choose to proceed to medical, the medical expert will be asked to comment.
What file types can I upload to the portal?
File types/Description
AVI - Audio video interleave
WMV - Windows media video
MOV and QT- QuickTime format
MK - Matroska open-standard multimedia format
MP4 - MPEG-4 Part 14 Video file
AVCHD - Advanced Video Coding High Definition
BMP - Bitmap
JPEG/JPG - Joint Photographic Experts Group
GIF - Graphics Interchange Format
TIFF - Tagged Image File Format
PNG - Portable Network Graphics
PDF - Portable Document Format
DOC/DOCX/ODT - MS Word
TXT - Text file
RTF - Rich text format
HTM / HTML - www format
PPT / PPTX - MS Power Point
XLS / XLSX - MS Excel
EML, MSG, PST - Email message
Please note: The file size limited is 30MB
Sample Forms
Please see below sample versions of forms which will be generated by the OIC portal during this stage of the claim journey. We have supplied these so that you can be best prepared for how to populate them or understand their content in advance.
Compensator's Response Form - This will be generated by the OIC Portal when the compensator makes a decision on liability.
If you are at a different stage in your claim or haven't found what you were looking for, please refer to the Help Hub home page for further guides and support.