Interim payment in a personal injury case
An interim payment is a payment on account of the compensation you are likely to receive in your claim for compensation.
After an accident your earnings may be reduced or even stopped. You may have to incur expenses to ensure recovery from injury, or to repair a damaged vehicle or property. Personal injury cases can take time and an interim payment could be the difference between feeling you have to accept a quick low settlement because you are broke and getting a proper compensation payment. If you have a good case for compensation after an accident you should not be in this position.
You should not be forced to settle your case too cheaply because you are short of money as a result of an accident. The purpose of an interim payment is to level the playing field between you and the Defendant, often backed by an insurance company, who has caused your accident. Sometimes insurance companies will try to drag out a settlement to increase the financial pressure on you to accept a low offer. You should not be in this position and let us tell you how interim payments are meant to work.
Interim payments are available voluntarily where the insurance company for the Defendant agrees, or by order of the Court. You can only insist on an interim payment once Court proceedings have been started and served on the Defendant.
You can get an interim payment if the overall chances of success are very good, and you can show the value of your case is more than the interim payment you seek. If at the end of the case you get less than the interim payment you will have to pay back the difference, so be sensible.
An interim payment is intended as a payment on account of compensation in a pretty clear cut case. So an interim payment is not available in every case. The important points are:
- The defendant has admitted liability or you have judgment on liability.
- Or the Court “is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim.”
- The Court can order a “reasonable proportion” of the likely compensation be paid.
- Contributory negligence has to be taken into account.
This takes me back to the explanation of contributory negligence. There may be an admission of liability or judgment in your favour, but contributory negligence can still be argued.
An interim payment can be a great help when an accident or injury leaves you financially stretched, but interim payments are only available if your case looks pretty certain to win.
Warning – If your situation demands a personal injury trust that trust must be set up to receive the interim payment.
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92 thoughts on “Interim payment in personal injury”
Client awaits PI trust being set up but is in receipt of Universal Credit and is applying for PIP. We have received interim payment on account of damages in the sum of £6,800. Can we pay smaller sums out of that amount to the client if he needs monies and if so, what is the limit of such payments? Thanks.
Receipt of Universal Credit depends on income and savings. Benefit is assessed on the finances of the household, not just individuals within it. Paying compensation to the benefit claimant increses the money they hold and they should ensure they are well below the £6,000 line. I say this because, even if the compensation is spent, if the expenditure is not judged to be reasonable by the benefit agency, the claimant will always be treated as having that money (nominal capital), which could mean their total funds exceed £6,000.
The text book says, put all the compensation in the trust and spend it from the trust. If the claiment has an anxious need for some money this minute, then make only one payment of say £2,000, ensuring this will not take the overall money held by the household anywhere near the £6,000 line.
Receipt of personal injury compensation is ignored for 52 weeks, but that part which is spent may be treated as nominal capital.
I had a fall and ended up with a broken thumb on my left hand and toe, my toe has healed but my thumb has healed bent to the right still swollen after a year in pain with restricted movement and grip strength. I have been advised that hand physiotherapy may help I understand that I can ask for a interim payment ( the other party has accepted liability ) does my solicitor have to find me private treatment or do I receive the payment and find my own ? Also do I need receipts to send to the other party’s insurers ?
You are not entitled to an interim payment, but the insurer may agree to make such a payment. You can only demand an interim payment after Court proceedings have been issued and served.
If you arrange reasonable private medical treatment, that can be included in your claim. Your solicitor may be able to arrange this for you, with the cost to be recovered within your claim. Alternatively, the insurer may fund such treatment under the Rehabilitation Code.
Talk through the options with your solicitor.
Hi Mark, I got run over as a pedestrian last year, off work for 6 months, full body injuries but a serious knee injury,was life threatening at the scene, the driver has admitted full liability, I have no clue of compensation settlements, but today my solicitor told me that the drivers insurers agree to pay me £5,000, is that a good sign for a decent amount of full settlement given the interim is a decent amount
The theory of interim payments is you seek a sum equivalent to your earnings loss and expenses since the accident. The amount of the interim payment does not in any way reflect what the final compensation will be.
An interim payment of £5,000 is often requested, as if you receive means tested benefits, a larger sum will stop your benefits. If you do receive means tested benefits, you will need a trust if a further interim payment is made.
Hi, I have a medical negligence claim going through against the NHS . My solicitor said they have four months to come back to her with a response . She also said that’s the whole process is likely to be between 12/18 months .
Would I be able to ask for an interim payment ?
You can always ask.
A defendant will only make an interim payment if it accepts it will have to pay compensation. Your case has only just been submitted, so I suspect it is early days.
An interim payment can only be demanded in a case where Court proceedings have been issue and a Court is persuaded the payment of compensation is almost inevitable. That is why most claimant solicitors ask nicely.
Hotel has admitted liability to a case of food poisoning with prolonged medical issues but are refusing to negotiate and it’s been over a year – court papers have been served and we have asked for an interim payment which still they ignore .is it normal practice for a company to ignore negotiations even though they’ve admitted liability?
There is no consistent pattern followed in compensation cases. Some defendants get stuck into rehabilitation and want to settle quickly and I have seen cases where I wonder if the defendant is interested. Yours is one of those cases somewhere between these two extremes. Your solicitors may advise you to make an offer, which may spark some activity. The only alternative, is to keep pushing towards a trial.
My three kids have their award monies from a car accidents they were involved in invested in a special deposit account at the court funds office, to be given back to them when they get to 18 years. We the parents would like to have the monies prior to them reaching 18 for their own benefits. Are there any other good reasons apart from, medical, Operations, educational to convince the court to grant us the payments?
If a personal injury is settled for a child, the settlement must be approved by the court and the money held until the child is 18 years of age. The court will write to your child shortly before their 18th birthday and ask for bank account details.
The court holds the money, one of the reasons being to prevent parents spending it.
A court will agree to payments from the fund for things like a school holiday or an educational item such as a computer. The court will not give it to you because you fear your child will do what most 18 year olds will do with the money. If it is a significant amount of money, a court might be sympathetic to a request to set up a trust for the child.
An 18 year old is an adult, so do not be surprised if that is the view of the court.
Thank you, especially for point two. A trust deed was drawn up for the money by another solicitor. I was informed that due to the trust deed having been drawn up, and signed, the trust is now live. I did ask my claim solicitor to transfer the money into my designated trust bank account, but an answer came back via the legal secretary that the money is for the ‘rehab’ case manager. (?) (I assume that a good proportion of the sizeable sum is supposed to be spent on ‘rehab’ to mitigate loss. My injury is 6 years old.)
The solicitor who dealt with the trust deed has expressed that her fee should come from the trust, transactions coming from the trust require two trustees to sign.
I will make more enquiries.
At present there is other business to attend to, as you can imagine.
The defendant granted me an interim payment. My solicitor is holding on to it? Not quite sure I understand?
Other than I know that the money has been granted for ‘rehab’, but the sum, I’d imagine exceeds the cost of the said ‘rehab’
The solicitors may be holding the money for a few reasons:
– on account of costs or disbursements, subject to the agreement between you and them.
– because they think they are protecting your benefits. They would be wrong, as compensation held on a solicitor client account is treated as having been received by you.
– they want to be sure the money is used for the rehabilitation for which it was intended.
You really should have a conversation with your solicitors, as only they have the answer.
I am working with a legal firm to claim compensation for a serious car accident which caused broken limbs, spine injury, a brain bleed and a serious head injury. I was cut from my vehicle and air lifted to hospital where I spent 4 weeks in intensive care followed by 6 months recovering at home unable to work. I received a small interim payment to cover loss of earnings. Since then I have returned to work in the profession I worked in for 20 years prior to the accident but continuing cognitive issues caused by the serious head injury has lead to me being unable to perform the job I have performed for 20 years. This is all evidenced by neurologist, neuropsychologist and neuropsychiatrist expert reports. An employment specialist report stated I was unable to return to full time work in my current profession and should seek either part time work or refrain for alternative careers. This means a large reduction in my income whilst either retraining and/or working part time. Does protocol in such instances allow me to receive another interim payment whilst I refrain and get my career back on track? My legal team indicated it would take approximately 12-14 months for my case to reach conclusion, which is a long time to cope with reduced income.
The protocols which apply to personal injury litigation tend to be voluntary. They are a good practice guide rather than a means to demand a particular step be taken.
Interim payments are voluntary and can only be demanded once Court proceedings have been issued and served.
Obvious losses can be included in an interim payment, but if your partial loss of earnings is contentious, by which i mean not agreed, then it is unlikely you are going to receive an interim payment for that loss.
I suggest you agree a strategy with your solicitors to include the likely timescale.
Hi Mr Thompson
I was wondering has the law passed whereas the solicitors cant take their pecentage of their fee off an interim payment if its less than ten thousand pounds ?
I do not believe there is such a law.
What I suggest is that you carefully read the agreement you have signed with your solicitor. Concentrate on when the solicitor is entitled to be paid a success fee.
Please could you explain this to me?
‘In the meantime however, the protocol requires that the other side make an interim payment (damages on account) of their final (i.e. best) offer (2300), less any DSS benefits and/or any interim payments you have received.
This must be paid within 3 weeks of the Court Proceedings Pack being received, which they should receive within the next day or so. In certain circumstances this period may be longer if the other side’s insurers have obtained details of your benefit and the certificate has run out. The period may be extended if the other side require an up to date certificate.
I shall let you know once I have received the same. If I do not receive it, we are entitled to exit this protocol and issue proceedings; unless I hear from you to the contrary I will assume you are content for us to adopt this course.’
You can read the Pre-Action Protocol for personal Injury Claims here. be careful to identify what type of case you have and its likely value.
Solicitors do tend to slip into technical language very easily, so ask your solicitor for a translation into plain English.
I have developed fibromyalgia due to a RTA 8 months ago, I’ve had a interim payment of £1000 already but I didn’t expect to be off of work so long.
My solicitor has requested another payment (loss of earnings) what are my chances of getting another payment .
The reason I cannot give a clear answer is that I do not know within which process your case is being conducted. I often take the view there is no harm in asking, but it is your solicitors you should be asking.
I was involved in an RTC last September. My legal representative has been good in dealing with my claim to this point and I was granted an interim payment of £1,000 in February. My question is in relation to personal injury trusts. I wasn’t given any details on PITs and it is only in the last week that I have found information on them regarding compensation claims. I would like to know if I am still able to create a PIT even though an interim payment has been made, and paid into my personal account. I realise that normally I would have 52 weeks to arrange this after the initial payment, but I’m now worried that by paying the £1,000 into my personal account that I may have forfeited the ability to use a trust. Thanks in advance.
There is no time limit for setting up a trust, so provided the the amount received did not take you over a financial limit, your benefit entitlement will remain intact.
It i sthe 52 week disregard which troubles people. Please see my explanation.
If another interim payment is to be made, that is the time to think about a trust.
I have been off work for a year due to a serious rtc,
I made a request 5 weeks ago with my solicitor for an interim payment due to financial strains… There has been no reply from the defendant insurer.
My solicitor has told me that they cannot force an interim payment until all medical evidence has been collected to present to the courts.
Is there any way they can arrange an interim payment as I cannot survive much longer with no income.
It depends on the value of your case.
If the value of the action is below £25,000, your case is dealt with under a regimented process for what are called “lower value” claims. medical evidence must be presented, together with details of financial loss, if an interim payment is requested.
If your case has a higher value, you can only insist on an interim payment once Court proceedings have been started by asking the Court to make an order. Medical evidence is necessary to serve Court proceedings, which is what I think your solicitors are saying. To obtain an interim payment your case must be clear cut on the question of fault, there must be a clear financial loss and it looks like the case cannot be resolved soon.
There is no right to an interim payment I am afraid.
I have been awarded an interim payment but the other side has not paid it’s been 8 weeks and the Solicitors have had to warn of court proceedings any idea what appens now
There are a number of different protocols under which cases are conducted, so a general answer is not possible. As a general statement, in cases with a value above £25,000, interim payments are voluntary before Court proceedings are issued, so your solicitor may be limited to making angry phone calls.There is rarely an absolute right to an interim payment promptly paid.
Hi Mark I’ve been asking for a interim payment, and keep getting declined from them.The defendant’s addmited liability in the end.My case is coming to the end with verbal but not signed settlement. There is £15.000 in the intrim payment to which I asked last month for a auscopsy operation on my knee due to my personal injury. I e-mailed a qoute from bupa regarding operation fee.I was always lead to believe that the defendant would pay for this but iam being mislead.Our own medical expert recommend that I have the operation two years ago to which I have been to our own medical expert four times in three years.I feel that my solicitors are keeping the money with every excuse going ,and they can’t settle intrim until the final agreement.are they allowed to do this as I would make this money go to good use for the operation. Kind regards Lee darby.
I am assuming your case is outside the Portal, a heavily managed system for dealing with lower value cases, which has set rules for interim payments.
You can only force an interim payment by application to a Court. If Court proceedings have not begun you are reliant on the agreement of the defendant’s insurance company. An insurance company will usually want to settle as soon as possible, paying for an operation and then waiting for the result not being attractive.
It sounds to me as if you should meet with your solicitor and seek some straight answers to your questions.
I have been given an interim payment one month ago and now i need a 2nd payment what are my chances as the payment is for care and housing
I am guessing your injury is serious if housing and care are issues. If court proceedings have been issued and served your solicitors can make an application to the court supported by evidence. If there are no court proceedings it is a matter of negotiation between your solicitors and the insurers of the defendant, an interim payment being voluntary. You should talk with your solicitors and, don’t worry, you will not be wasting their time.
I had a work accident two years ago and still receiving treatment they accepted liability straight away , when solicitor requested an interim they agreed and was meant to pay it straight into my account but that was 15 days ago and I keep being told different dates that it will be in my account and they are not there and all I keep getting is its being chased up.
I am not surprised. I would usually tell a client a payment will be four to six weeks away, but sometimes sooner.
Hello I was in a work accident I have broken my back lost a kidney I had a large part of my colon taken out and have had my splin broke.I just want to know how much money i will be able to claim.could it be in the millions or less ?
I do not think you will find a solicitor who will value a case without medical evidence which explains your injury and its consequences..
Our law is not generous in the amounts given for injury. Large compensation cases usually involve high long term earnings loss and the need for accommodation, equipment and care.
Hi myself ,wife and children were involved in a car accident,the third party admitted liability,they made a first offer which my Soliciters rejected,they then increased the offer for my 2 children , my Soliciters are saying they will accept all offers as an interim payment an take it to stage 3 , will the 3rd party make the interim payment knowing they are going to stage 3 ? Thanks Jan
An interim payment is a payment on account of the final value of a claim. It is not an alternative to a final settlement, it is a payment on account while the full value of the case is agreed or awarded by a Court.
Settlement of compensation for children ought to be approved by a Court and the compensation held by the Court until the child reaches 18 years of age.
Hi I have accepted offer for clinical negligence claim my solicitor received my damages how long can she keep it she now saying its not up to her to send it to be and its been sent to one of her departments?
There is no absolute rule, save the solicitor should deal with the transfer promptly.
The solicitor may be holding your money as you may be liable to pay part or all of your costs, or you may have agreed to pay a success fee. An explanation should be set out in writing so consult the agreement you made with your solicitor at the outset to see what they can and cannot do.
Thank you for the reply but my accident was not in a road accident. It was a work accident. She told me the interim payment had been agreed and that was over 4 weeks ago. I have emailed my solicitor and all they keep saying is “they are chasing the other side”.
If you are outside one of the fixed fee regimes there is no fixed time by which an interim payment must be paid. I would say four weeks is usual, but some are quicker and some are slower.
I was knocked off my motorbike in December causing me to break my Ulna. The other party admitted fault immediately. I have had to have 2 ORIF operations to try and fix my arm. I am now on a 6 week course of antibiotics as there was an infection in my bone from the first op.
My solicitor has requested an interim payment of £1000 as he said this is all I will be entitled to at this stage.
He has also been in touch to say he has asked a company to arrange for me to have a medical.
How long will the interim payment take to go through? Can the other party refuse to pay this? I have evidence to prove I have lost more than this in earnings
I guess your case is being handled within the portal process for road traffic accident claims. If liability is admitted and your medical evidence and financial loss details have been disclosed you will be able to get an interim payment of £1,000. This should be paid within 15 days.
You can seek a higher interim payment but the rules which dictate the process are designed to discourage you. Discuss this with your solicitor and see how confident they are about seeking a higher interim payment.
I have been told that I will be getting a interim payment and the other side claimed liability straight away. How long does it take to receive the interim payment?
It depends on the insurer, some being faster than others. If your case is being handled in the road traffic accident portal the payment should not take more than 15 days.
What I can guarantee is if you have spend the money the interim payment will be slow.
I sustained an injury 2 months ago in a car crash and wont be back at work for at least another 3-4 months. From the outset i asked my solicitor to ask the other driver’s insurers for an interim payment with regards to loss of earnings, as I started a new job shortly before the accident and I was down to Stat. Sick Pay shortly after.
Although the driver admitted liability to the police at an early stage, his insurers won’t admit liability, and wanted to wait for the a report. They are however, paying for my physio, without predjudice. My solicitor said they can’t force an interim payment until they fully admit liability. The police report is now out and states the other driver was to blame for the accident, but still no admission of liability, it seems they’re being a bit passive.
Is there anyway to speed up an interim payment as money is really tight now.
My guess is your case is being handled through the road traffic accident portal. This online system has rules to cover the complete conduct of your action. To receive an interim payment liability must be accepted and you must have disclosed your medical report and calculation of financial loss. So I am afraid you are not in a position to force an interim payment.
For a case which is not handled in the portal system it is only [possible to force an interim payment by commencing Court proceedings and making an application to the Court. You would have to prove your case is highly likely to succeed on the question of fault and be able to prove your financial loss to date.
Most inteiri payments are made on a voluntary basis, but given a free hand most insurers will try to pay as little as possible as you are in a weaker position if you have to negotiate when feeling under financial pressure. It is that financial imbalance which interim payments were designed to overcome, but particularly within the portal system you have to be almost ready to settle the case in full before an interim payment must be paid.
Hi Mark my doughters clinical negligence case took 3 years we are now waiting for the hospital response as wether they will except liability it’s almost been three months and no reply yet do you know at this point how long can they take max and if they do except liability could you plz tel me what would the next step be,and my final question is my doughter is 6 years she is disable and unable to speak due to the brain damage in regards to this can her compensation or interim payment still be paid to me. Many thanks Mark
I cannot comment on the progress of your daughter’s compensation case. There are no set times for each step in a case. The progress of a case will depend on the confidence of your solicitor in the case. If the case is clearly going to succeed it will proceed more quickly than a case which depends on many strands of evidence.
If compensation is agreed or awarded for your daughter the Court must approve the settlement. It is also the case that compensation for children is either held or managed by the court until the child is eighteen years of age and has mental capacity. If compensation is paid to reflect the care you have provided to your daughter, then that compensation can be paid to you, but again only with the approval of the court.
Hi I am going through a personal injury claim and have accepted an offer that’s been given, how long do the insurance company have to send payment? As I’ve been told by my solicitor a rediculous time period. Thank you
There is no general rule but I usually suggest a client allow four weeks, although sometimes it will arrive sooner. I can guarantee that if you commit to some expenditure the money will not arrive in time. Sometimes a specific period is agreed in the settlement terms, but in the absence of such an agreement the payment should be made in a “reasonable time.”
hi, i was offered an interim payment yesterday which i accepted, is the solicitor allowed to take his percentage out of that or the final amount? thanks
Answer depends on the agreement you have with the solicitor. If they have used the Law Society model agreement, which most solicitors do, they will be allowed to ask you to pay the expenses to date and those which will be necessary in the future. Expenses, or disbursements as they are called, will include fees for expert reports, gathering medical records and police reports. They do add up and you should ask for a list of expenses incurred and those to be incurred in the future. Clients do not always appreciate that solicitors often subsidise cases by covering these expenses themselves rather than asking clients to pay.
So read the agreement you signed at the outset and the guidance booklet I expect you received.
hi I’m a little confused with my claim here is the email I recived off my solicitor will this affect my overall claim my loss of earnings are greater than the interim offer thank
Your loss of earnings is dealt with as a special damage and needs to be submitted at the settlement stage.
As we are not in a position to seek settlement and we need further medical evidence, if you are happy for me to do so I can disclose the report we have and request an interim payment of £1000.00. This payment will be offset against your general damages (injury).
Please confirm your instructions.
I suspect your case is being dealt with under one of the low value personal injury schemes. The rules limit the actions which can be taken and the process is handled online. If liability has been accepted and you have obtained and disclosed medical evidence you can seek an interim payment. The standard request is for £1,000 and if you want more then evidence has to be submitted to support the claim. It may be easier to seek £1,000 or the evidence required to prove a greater loss is not yet available.
Thanks for that reply Mark.
When a solicitor mentions the end amount, would they generally tell you the lower end of what to expect even if they think you’ll get more?
You are likely to see the calculation of your case as it will be presented to the defendant. This will be a top end valuation of the various aspects of the case. You will then see the defendant’s valuation which will be at the bottom end. All I suggest is that you do not get carried away and think the top end valuation is already in the bank.
I have had the NHS admit full liability for a catastrophic muck up.
My solictor has told me to expect a “substantial” settlement.
I am just about to get a fairly large interim payment (in the hundreds of thousands) and wondered if the interim payment is usually a certain percentage of the final total? I’m trying to get an idea in my head of what to expect as the final total.
My solicitor has given me a rough idea but I just wanted to see if i could narrow it down slightly..
Solicitors are always vague about the final valuation of a case. I am the same, the reason being that no matter how sensible the client the money is already spent in the client’s mind. There are so many variables the answer to which depends on expert opinion and the financial loss calculation which follows.
There is no pattern with interim payments. You are entitled to a reasonable proportion of your financial losses to date.
Later in your case you will see a special damage schedule which is the calculation of your financial losses. Such calculations tend to be pitched at the upper end and when you see such a schedule prepared for the health authority you will see the low end of the valuation. Again take care not to count on receiving the upper end of each element of the financial loss.
Do seek advice as to whether your interim payment ought to be held in a trust to protect your entitlement to means-tested benefits and local authority support for care. You can read more here.
I had a RTA third party have admitted liability, I’m a driving instructor and a pupil was driving at the time of accident, insurance offered her £2700 she excepted, I was offered similar figure but my injuries were more painful, was told by my insurance/solicitors to refuse payment, accident happened end in November, I later found out (4weeks later) that I was pregnant, my therapist for phsyio told me to expect my back pain to get a lot worse the bigger I got,as it has. I’m finding my every day chores harder to do by the day, I have a boy of 3 to also look after, and I’m now 25 weeks pregnant. I’m now at the stage where I can’t be in the car no more, due to self employment I’m not entitled to benefits, in which my solicitors are going to request a interim payment, but I receive working tax credits will this effect it? They have to told me this is hard to get and my case is going to be hard to prove due to the pregnancy, even though this happened before my pregnancy and my independent DR said symptoms were due to accident, what are my chances of winning my case? If I win my case can they then offer me less than the first offer? Or do they have to go higher? My baby is due September then I’ll see a Dr again. Am I also right in saying if my interim total is £1000 will they then take this £1000 out my final figure? Even though this will be money for not being able to work?
My solicitors seem to encourage the interim as they offered me it I never knew anything about it. I’ve suffered immense pain and I’m only going to suffer I’m only hoping they don’t get away with saying this is pregnancy related? What’s the chances
Dear Terri, It sounds like quite a struggle.
The interim payment is a payment on account of your final compensation, so yes , it will be deducted from the final settlement.
Your working tax credit is based on your income and receipt of compensation is not income. You can see more details on my website and this will also help you decide if a trust is necessary to protect your benefit entitlement.
Your solicitors will obtain the opinion of a medical expert and ask if the accident has caused all current problems. I suspect it will be a difficult question for the doctor as back problems during pregnancy are not unusual.
I have been involved with a medical negligence claim for 3 years now and we are due in court in July, my solicitor has suggested today that we ask for £20,000 interim payment, if this is accepted by them how long would it normally take for them to pay out.
If the interim payment is agreed on a voluntary basis the payment date should be part of the agreement. Usually you are looking at 14 days. One lesson I have learnt is if you commit to spend the money before it arrives the interim payment will be late.
Good luck with the trial.
Hi there. I was unfortunately involved in a rtc last year causing me several injuries which resulted in me having an extended period of time off work unpaid. The other driver has accepted all liability and I have seen medical experts confirming my injuries were related to the incident. Around 6 months ago I received an interim payment of £1000. However I am still suffering financially due to the time off work and change in hours/role I do now due to the accident. My solicitor has requested now a further interim payment to cover my ongoing loss of earnings. This was requested over 6 weeks ago and still I am waiting for a response. My solicitor states there is no set time frame in which they have to respond as it is a second interim payment and she can give me no estimate on time frame either. In your experience is there any thing further that can be done or have you dealt with a similar situation and could give me any clue as to how long I may be waiting? I am severely struggling financially now. Many thanks.
The only time when you can insist on an interim payment is after Court proceedings are commenced and the Court is asked to Order that an interim payment be made. Otherwise you are reliant upon the insurer of the Defendant agreeing to make an interim payment. So before Court proceedings are started interim payments are voluntary.
Most insurers will make an interim payment but they do not like to pay all of the loses to date. They are reserving the right to argue that not all loses are reasonable and they do like to leave you feeling short as it weakens your negotiating position. In theory agreed financial losses to date should be paid, but in practice an insurer will agree only a proportion of those loses.
Solicitors are not as keen as they used to be to issue Court proceedings. The Court has strong management powers and the solicitor may fear loss of control of the timetable of the case as well as the limitations the Courts often place on the expert evidence which can be used.
There are different considerations depending on the value of your case so do talk with your solicitor to be sure you understand their approach.
The theory of interim payments is to ensure the parties have a fair basis for negotiation. You should not feel under pressure to accept an offer because you are feeling short of money.
I had dental work done by nhs dentist, for over 2 years I have been in immense pain etc, I need urgent treatment but it is too specialized for a standard dentist to correct. Finally the other side have offered an interim payment but this is only fifty per cent of the cost of the treatment I need to correct the mess. So I still cannot go ahead with the treatment I need. Also it seem my solicitor is keeping the money and indicates he will make the payments to the dentist directly which is going to be awkward, I would prefer to make the payments myself as my solicitor is regularly on holiday and has no one else to act in his absence.
The primary purpose of an interim payment is to cover loss and expense incurred to date. You have incurred no such loss or expense.
If you have been given half of the cost of the dental work required is that not a start? Why is your solicitor managing the money? Has the payment been made on condition it is used for dental work only?
More questions than answers I am afraid, but questions which should be answered by your solicitor.
If you are in receipt of means-tested benefits do have a look at the information on this site about Personal Injury Trusts, as receipt of money may reduce or stop your benefits.
I do have a solicitor acting on my behalf. Unfortunately they are less that helpful in answering questions and although i have had a medical they tell me they wont submit this with interim payment request and they wont explain why….meanwhile financially we are struggling and i’m going to have to return to work despite injuries. nothing is moving very fast and the solicitors are reluctant to reply to our correspondence….
The starting point is there is no automatic right to an interim payment. You can only insist on one beyond the issue of Court proceedings and then you have to show liability is admitted or your case is very likely to win and the Defendant has insurance. The prospects of success have to be clear as if your case is not actually successful you will have to repay the interim sum.
The purpose of an interim payment is to redress the financial inequality between you and the insurer on the other side of the case. An insurer might prefer to negotiate knowing you are short of cash.
At the very least your solicitor should explain why an interim payment is not appropriate in your case.
I had a accident january.Was hit from behind whilst stationary, my car was a write off and my father and I both sustained whiplash injury. luckily my young son who was in the back of the car recieved not physical injury. I have now been off of work for 6 weeks on the advice of my doctor and physio and am receiving treatment. i work for an agency so am not entitled to sick pay and have requested a interim payment to cover loss of earnings whilst i recover. So far the 3rd party insurer who have admitted liability for the claim have had wage slips and bank statements to establish that I am not receiving payment but are now saying they can see payments into my bank (my husbands wages into MY personal account, child ben and tax credits) and want more proof of lost earnings. What can i offer as conclusive proof of lost earnings other than that I have already given them?
I suspect you are dealing direct with the third party insurer. You could ask your agency to confirm your earnings before the accident and the fact you have received none since. Technically you are not entitled to an interim payment until a medical report has been provided, but if the insurer wants to save paying a solicitor to represent you it should cut you some slack.
If the insurers will not play ball tell them you will instruct a solicitor and see if that makes them jump.
Im currently dealing with my personal injury case. I was in a road traffic accident where my car was written off. Full liabiliy has been admitted. I am now suffering with arthritis is one shoulder as a result of the accident 15 months post. I was wondering whether I should ask my solicitors to request for an interim payment, as i’m currently waiting to be referred to a specialist via the NHS. I have been advised that this can take up to 2 months. In the means time I would like to seek other forms of therapy to help manage the intense pain. I have also had to reduce my hours at work as the pain is too much.
Please advise whether I am within my rights to ask for this interim payment or not! Thank You.
An interim payment is not a right, but there is a presumption you should have one if loss and expense has been incurred, settlement is some time away, the aim being to right the financial imbalance between you and the insurance company. You should not feel under pressure to accept an offer because you are short of money.
Insurers are not keen on interim payments as they prefer you to be “hungry” when negotiating. If your case is being handled within the road traffic accident protocol then subject to providing medical evidence and details of your financial loss you may be entitled to seek at least £1,000 as an interim payment. See the protocol by clicking here.
You can only force an interim payment if Court proceedings have been issued. An application can then be made to the Court.
A request or application for an interim payment must be accompanied by a detailed calculation of loss and expense caused by the accident and injury. You should ask for as much of that loss as you wish.
Do bear in mind that if you are in receipt of means-tested benefits, or you are likely to be in receipt of such benefits, or if you intend to hold onto the compensation for some time, you should consider protecting your ability to claim benefits. See the information by clicking here.
Hi mark I had a life changing injury last august, I am a scaffolder and when I was working in a factory finishing the scaffold there was a drip tray of acid in my way, I asked the supervisor of the factory,not my boss, if I was ok to move it which they said yes, I was wearing a visor and as I moved the drip tray sodium hydrochloride shot up and got in my eye iv lost more than half the vision in my eye and left with permanent scaring on my eye ball itself and a huge lump under neath the eye lid. Also left with mental damage and Ingrowing hairs on my eye which affect me day to day. My solicitor has requested an interim payment of £7500. Is it a good idea to take it as I don’t want to take that amount and be left with nothing when the claim is settled. Liability has already been admitted.
If you receive an interim payment and your case then fails, or you are awarded less than the interim payment, you would have to make repayment. If your case is clearly going to succeed and has significant value, then wher ei sthe risk. I think you are worrying unnecessarily.
If you have started claiming benefits, or will need to claim soon, then set up a personal injury trust for the interim payment
Hi, my wife and my 3 young sons were hit from behind on a motorway by another car moving at around 100mph. The driver has admitted full liability. Our car was flipped onto its side and slid down the road. My wife is stiff and 2 of my sons have been crying getting in our hire car recently. Our insurance company has suggested we accept an interim offer from the other insurance company but then they will take our hire car back. We have no other car to search for a replacement car or take our children to their rural nursery and school. Where do we stand on this and should we just accept the interim payment? Thank you.
Are you relying on the advice of your insurance company or have you arranged independent representation?
As I see it your question relates to your car.
I guess your own insurer has arranged a credit hire car for you. The credit hire company provides the car with upfront cost to you and recovers its hire charge direct from the other driver’s insurer.
From your description I guess your car cannot be economically repaired and is an insurance write-off. You are entitled to the market value of your own vehicle, and once that value is agreed you will be sent payment. You are entitled to arrange alternative transport and include the cost in your claim, but that alternative transport has to end within a reasonable period of you receiving the market value for your car. Insurers will argue you should be able to buy a replacement car within five days and you might reasonably argue for ten days, but you are looking at a relatively short period of time. If you are driving a credit hire car that organisation will have a firm view as to how long you can keep the vehicle as it will know how much hire the other driver’s insurer will pay.
My dad had an accident at work, was idf work for 6-8 months. He needs to have an op to fectify the problem, have admitted liability and solicitors have asked for intrim payment to speed up op date by going private. will this affect the final payments. Also if so why should my dad have to lose out on final settlement when the accient was the conpanys fault so he ends up paying for his own op when it wasnt his fault
A person to be compensated is not bound to use the NHS for their treatment. If private treatment is used the cost of that treatment is added to the compensation. So the compensation will be inflated by the cost of the treatment, and that sum should be recovered provided the treatment is seen as reasonable.
If i accept än interim paymant am i likely to recieve a lower offer för my claim
An interim payment is designed to redress the financial imbalance between the Claimant and the insured Defendant. Without an interim payment a Claimant who is short of money might feel tempted to accept a low offer. An interim payment is usually based on losses incurred to date. The case should be valued and settled, and the interim payment amount deducted. An interim payment is a payment on account of the total settlement so it should certainly not reduce the value of the case.
I asked my solicitor to ask for an interim payment as i am a carpenter and have been out of work for 6 months, as i cracked my scaphoid in half on site and needed an operation. The company admitted liability straight away, as it was there fault, and i have pictures, witnesses etc etc. Its been 16 days since I asked and me and my partner a really struggling now, should it take this long ? If not what should I do, and should the money be paid into my account.
I had an accident at work, and I have been offered an interim payment. I don’t know what would be the best answer, to accept it or not to..I have been suffering for 16 months now and I had lot of treatment with no success(knee injury, and hip). Could you tell me please how much interim payment would I get(minimum), if it worth the hassle.
The only downside to an interim payment is if ultimately you achieve a lower sum in compensation. Then the interim payment would have to be repaid.
The purpose of interim payments is to prevent you feeling under financial pressure and feeling forced to settle for less than your case is truly worth. You should aim to at least receive your recoverable wage loss and expenses to date, and if the case is likely to take a long time you should have enough in the tank to see you through.
Beware that receipt of an interim payment can affect your entitlement to means tested benefits. The answer is to set up a personal injury trust now rather than wait for the case to finally end. Please see the pages of this site which explain how personal injury trusts work.
HI, i have gone through a solicitor for my personal injury claim which was supplied through my insurance copany. They have recommended taking an interi payment, how long does this take to go through and will it effect my claim?
An interim payment is a payment on account of the compensation you will receive. An interim payment might cover expenses you have paid for, your earnings loss to date, or it might allow you to replace a written off car. So an interim payment should not create a problem.
The idea of an interim payment is to avoid a situation where you feel under financial pressure and have to accept less compensation than your case is actually worth. There is an obvious financial imbalance between you and the insurance company, so the balance can be redressed by an interim payment.
You should not have to beg for an interim payment. It is your entitlement provided your case is going to succeed and you are asking for a reasonable payment on account. You are only able to enforce your entitlement to an interim payment once Court proceedings are started. up to this point you will have to ask nicely.
The only difficulty posed by interim payments is the need to repay if you settle or award is less than the interim payment. A sensible approach and sound advice from an experienced personal injury solicitor can avoid this problem.
Hello, perhaps you can answer my query.
Can an insurance company refuse to pay me interim payments for compensation because of company policy?
The answer is no, and saying it is company policy is just an excuse.
I am assuming you have a personal injury case, with an admission of liability or at least a good chance of success.
Interim payments date back many years, and are designed to balance the financial inequality between a Claimant and the Defendant, and usually its insurance company. Some were content to leave a Claimant short in the hope they would accept a low offer for financial reasons.
However, you can only insist on an interim payment by making, and succeeding, in an application to the Court within the personal injury action. If Court proceedings have not been commenced then a Defendant or their insurance company can refuse.
Some Defendant insurers will ask why you need an interim payment. It was once the case that a Claimant had to show the reason for needing the payment, but today that is not necessary. So the answer to the insurer today is mind your own business. You do have to have a case which is going to win, and show the loss you will prove is greater than the interim payment you seek.
I have been offered an interim payment following a car accident whereby the third party has accepted liability for my whiplash. The treatment given is yet to make a difference to my I injuries & the case is stilly settled. I am concerned that if I accept the inteim payment this will hinder the amount of my settlement figure?
An interim payment can be made in a case for compensation which is very likely to succeed. An interim payment can be obtained with the agreement of the insurer of the Defendant, or by Order of the Court. It is a payment on account of the compensation due. The point of an interim payment is that the injured person is not left in financial difficulty by an accident and because of that financial difficulty feels pressure to accept a low offer. There is good reason to seek an interim payment if recovery is taking some time and you are down on your income or have incurred expenses. Interim payments are usually based on the financial losses caused by an accident, and the injury itself is usually ignored for this valuation.
There should be no disadvantage in the final negotiation, and you have the advantage of not feeling under financial pressure.
Beware that an interim payment has to be repaid if the final settlement or Court award is below the value of the interim payment. So there is a danger if your case is over valued and you cannot ultimately prove that value.
One point often overlooked is that an interim payment my effect your entitlement to State benefits. You must check this carefully and please note you can legitimately overcome this issue by setting up a personal injury trust. Click here for more information about personal injury trusts.