You've received a settlement offer.
This is how the process works from here.
A settlement offer is a direct output of the medical report. The prognosis period determines the tariff band. The tariff band determines the figure. Before responding, the relevant question is whether those inputs are correct — not whether the figure feels right in an abstract sense.
The figure offered is based on the medical report and how the injury has been assessed. Two things are typically considered before a response is given.
Whether the prognosis period in the medical report accurately reflects the duration of symptoms — and whether any additional costs, such as treatment or lost income, are included in the claim. These factors affect how the offer relates to the claim.
The steps below show how the process works at the offer stage — what the options are, what each path produces, and what is typically considered before a response is given.
A settlement offer has been received.
Here is what that means.
This is the point where the amount is presented and can be responded to. The steps below show how the process works from here.
The prognosis period recorded in the medical report is used to determine the tariff band. The tariff band determines this figure. It can be considered against the tariff and supporting evidence before a response is given.
At this stage, the process
allows different outcomes.
The response given at this point affects how the claim proceeds.
The accepted figure becomes the final settlement amount. The claim closes on a final basis.
The offer can be reviewed and responded to. The process allows a limited number of counter-offers.
The claim is closed
and cannot be reopened.
Before a response is given, these factors
are typically considered.
- The tariff band that applies to the injury
- Out-of-pocket costs and whether they are supported by evidence
- The duration of symptoms and whether recovery is complete
- The specific details within the offer
- The tariff is not checked against the correct band
- Additional costs are not included in the response
- The offer is treated as a fixed and final figure
- A response is given without reviewing the relevant information
There is no requirement to accept an offer. Acceptance finalises the claim. If declined, the process continues.
What accepting an offer actually means
Settlement in the OIC process is full and final. The legal consequence of acceptance is permanent.
Accepting an offer closes the claim. It cannot be revisited later — even if symptoms continue or turn out to be more serious than the prognosis suggested.
When a settlement offer is accepted in an OIC claim, the claim closes on a full and final basis. The settlement agreement extinguishes all rights to further compensation arising from that accident and those injuries. This is not a feature of OIC claims specifically — it is how personal injury settlements work across the board.
When an offer arrives through the portal, there are three options: accept, dispute, or indicate that settlement is not possible at this stage. The third option exists precisely because the portal anticipates that some claimants will receive offers before recovery is complete. Selecting "dispute" does not end the claim — it is the mechanism through which a counter-offer is submitted.
When offers are made — and why timing matters
The stage at which an offer arrives indicates what it is based on.
Before a medical report: A pre-medical offer arrives before the formal medical report has been completed — meaning there is no confirmed prognosis period from an independent examiner. Without a prognosis period, the tariff band cannot be accurately established. The OIC process includes a pre-medical offer ban for standard portal claims, but indications of value can still arrive informally. Accepting any figure before the medical report is complete removes the ability to establish what the tariff-correct figure would have been.
After a medical report: Once the report has been submitted and approved, the tariff band is established. The prognosis period is on record, the tariff figure for that band can be looked up, and any amounts for psychological injury or special damages can be assessed. The question then is whether the medical report itself is accurate — and whether the offer reflects it correctly.
Insurers have an operational incentive to close claims early. Where a claimant accepts before symptoms are fully known, the settlement may reflect a lower tariff band than the injury would ultimately have justified. The portal's structure — defined stages, a medical report requirement, a wait-out-prognosis option — exists partly to prevent this.
What determines the correct figure
The tariff is fixed. The inputs that produce the tariff figure are not.
For a whiplash or soft tissue injury processed through the OIC portal, the tariff figure is determined entirely by the prognosis period recorded in the medical report. That period places the injury in one of seven bands, each with a fixed compensation amount. The tariff is a step function — movement between bands produces a material change in the settlement figure.
Special damages sit outside the tariff and are not capped by it. They cover financial losses caused directly by the accident — lost earnings, travel costs to medical appointments, physiotherapy, prescription charges and other evidenced out-of-pocket expenses. A settlement offer that addresses only the tariff figure without covering special damages is not a complete offer.
Two tariff schedules are currently in operation. The original 2021 figures apply to accidents before 31 May 2025. The uplifted figures — approximately 15% higher — apply to accidents on or after that date. The tariff figure in an offer should correspond to the schedule that applies to the accident date. This can be verified using the compensation tariff page.
Situations where the decision is more straightforward
Some claims reach a point where the relevant question is simply whether the inputs are correct.
A claim that involves a single whiplash injury, where liability was admitted in full, the medical report accurately reflects the prognosis period, symptoms have resolved, and all financial losses are included — this is the claim the OIC process was designed for. The offer in this situation is a mechanical application of the tariff to the facts. The relevant check is whether the tariff figure matches the correct band and whether special damages have been addressed.
OIC data consistently shows that unrepresented and represented claimants settle at similar compensation levels in this category. The tariff is fixed. A solicitor cannot negotiate a higher tariff figure than the medical report supports.
Once the prognosis period has elapsed, recovery is confirmed, the medical report has been approved, and the offer reflects the correct tariff band plus evidenced special damages, the decision is substantially a factual one. The tariff figures are published — they can be looked up. The offer can be checked against what the process is designed to produce.
In this situation, the remaining question is practical: does the offer match the tariff figure for the correct band and the correct tariff schedule, and does it include all agreed special damages? If the offer is lower than the tariff figure for the band that applies, or if special damages are missing, that discrepancy is the specific thing to address before confirming.
Situations where the offer warrants closer attention
Some claims have features that make the correct figure less immediately clear.
If an offer arrives before symptoms have resolved, accepting it closes the claim at a prognosis period that may be shorter than the injury ultimately justifies. The OIC portal's wait-out-prognosis option exists for this situation. It pauses the settlement process without closing the claim, allowing confirmation of recovery before a final position is agreed.
If symptoms persist beyond the prognosis period in the approved medical report, a further medical examination may be appropriate. This would produce an updated report reflecting the actual duration of symptoms, which could place the injury in a higher tariff band.
A claim that includes both a whiplash injury (assessed by the tariff) and a non-whiplash injury involves two valuation frameworks. The tariff applies to the whiplash element. The non-whiplash element is assessed under common law, using the Judicial College Guidelines as a reference. An offer that addresses only the tariff element without clearly including the non-tariff component may not be a complete offer. The mixed injury claim page covers how these claims are structured.
Where the insurer has disputed liability, the claim is not at the settlement offer stage in the conventional sense. A dispute about liability needs to be resolved before valuation is meaningful. An offer made against a background of disputed liability may be a without-prejudice offer rather than a concession on liability. Liability disputes within the OIC portal follow a defined process — if liability is not admitted, the claim may need to exit the portal to the small claims court for a liability determination.
Where the total personal injury value of a claim may approach or exceed £5,000 — roughly a prognosis period of 18 to 24 months under the tariff, or a mixed injury with a significant non-tariff element — the claim is near the boundary where exiting the portal changes the legal framework. Above £5,000 in personal injury value, legal costs become recoverable from the compensator. The do I need a solicitor page covers when professional involvement materially affects the result.
What happens if the offer is not accepted
Not accepting does not end the claim. It continues the process.
If the offer is disputed, a counter-offer is submitted through the portal with a figure and a brief explanation of the reasoning. The insurer then responds — either with an improved offer, or by maintaining their position. This exchange can run through up to three offers and three counter-offers. Negotiation through offer and counter-offer is the intended process, not an exceptional step.
The strength of a counter-offer comes from its factual basis. A counter-offer grounded in a discrepancy between the offer and the tariff figure, an omitted special damages item, or a prognosis period that was understated in the medical report has a documentable foundation. The offers and negotiation page covers how to structure a counter-offer effectively.
If symptoms have not resolved, the right response may be neither acceptance nor a counter-offer — but to use the portal's wait-out-prognosis option. This pauses the settlement discussion without closing the claim.
If the parties cannot reach agreement through the portal, the claim can exit to the small claims court for a judge to determine the outcome. This is uncommon in straightforward whiplash claims — the portal resolves the vast majority without court involvement.
The relevant question is whether the inputs are correct — not whether the figure feels right
The injury element of the offer is derived from the tariff band linked to the prognosis period in the medical report. Special damages are added to evidenced financial losses. The figure that results is what the process is designed to produce for the specific facts of that claim.
The productive question before responding is whether the prognosis period is accurately recorded, whether all special damages are included, and whether the tariff figure in the offer matches the correct band for the correct schedule. If the answer to all three is yes, the offer reflects what the process produces. If the answer to any is no, that discrepancy is the specific thing worth addressing before confirming.
Last reviewed: 16 April 2026
ClaimTalk provides general guidance only and not legal advice. This page draws on publicly available sources including the OIC portal's Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents, the Whiplash Injury Regulations 2021 and Amendment Regulations 2025, and Official Injury Claim published guidance for claimants.
ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.