How to use the PI portal timescales calculator
- Choose the protocol. The RTA protocol, the EL/PL protocol (and whether it is employers’ or public liability), or the RTA small claims protocol; say whether the MIB deals with an RTA claim.
- Enter the accident date. Optional: it checks which version of the protocol applies (31 May 2021 for road traffic accidents, 31 July 2013 for the EL/PL protocol).
- Enter each step as it happens. The CNF or the claim on the Portal, any interim payment request, the Stage 2 Settlement Pack or medical report, offers, settlement and the Court Proceedings Pack.
- Add any agreed extensions. The business days the parties agreed to add to the initial consideration period or the negotiation period.
- Read the dates and the exits. Each date shows the rule and how it was counted; the panel lists when the claim leaves the protocol.
- Copy it for the file. Copy the dates, the notes and the exit points for the file or the diary.
Which protocol applies
Three protocols run through an online portal. The value bands are the claimant’s own valuation of the claim, and the small claims limits are in CPR 26.9 and 26.10: for a road traffic accident on or after 31 May 2021, £5,000 for the injury claim (£1,000 where the claimant was a vulnerable road user or is a child or protected party, or the accident was earlier, among other cases in CPR 26.10), and £1,500 for any other personal injury claim, with £10,000 overall.
| The claim | Protocol | If it does not settle | Rule |
|---|---|---|---|
| Road traffic accident on or after 31 May 2021, injury claim up to £5,000 and overall claim up to £10,000 (adult, not a vulnerable road user) | RTA small claims protocol (Official Injury Claim Portal) | Small claims track, Practice Direction 27B | RTA small claims protocol para 4.2; CPR 26.9(1)(a)(ii)(aa) |
| Road traffic accident on or after 31 May 2021, above the small claims limit, up to £25,000 (or a child’s whiplash claim) | RTA protocol | Stage 3, Practice Direction 49F | RTA protocol paras 4.1 and 4.1A |
| Road traffic accident before 31 May 2021, injury claim above £1,000, up to £25,000 | RTA protocol as it stood immediately before 31 May 2021 (the same periods) | Stage 3, Practice Direction 49F | RTA protocol para 4.2(1); CPR 26.10(a) |
| Accident at work or a work disease (employers’ liability), injury claim above £1,500, up to £25,000 | EL/PL protocol | Stage 3, Practice Direction 49F | EL/PL protocol para 4.1; CPR 26.9(1)(a)(ii)(cc) |
| Public liability (an occupier, a council, a business), injury claim above £1,500, up to £25,000 | EL/PL protocol | Stage 3, Practice Direction 49F | EL/PL protocol para 4.1 |
The RTA small claims protocol does not apply where, when the accident occurred, the claimant was a vulnerable road user (using a motorcycle, as a pillion passenger, in a wheelchair or mobility scooter, on a bicycle, riding a horse or on foot), or where on the date the claim is started the claimant is a child, among other exclusions (para 4.3). The EL/PL protocol does not apply to, among others, mesothelioma, clinical negligence, a disease claim with more than one employer defendant, or a noise-induced hearing loss claim against an employer not on Claims Portal Ltd’s list (para 4.3).
How the days are counted
Every “day” in the three protocols is a business day: any day except a Saturday, Sunday, bank holiday, Good Friday or Christmas Day (RTA protocol para 1.1(3) and para 5.3; EL/PL protocol para 1.1(3) and para 5.3; RTA small claims protocol para 1.4). Where a party should respond within a number of days, the period starts on the first business day after the information was sent (para 5.4; RTA small claims para 1.4(2)), so a 15-day period ends on the fifteenth business day after the day it was sent. A CNF sent on Monday 19 October 2026 gives a response date of Monday 9 November 2026. In the RTA and EL/PL protocols, all periods except the CNF response and the further consideration period can be varied by agreement (para 5.5), and where the protocol requires a payment within a number of days, the claimant must receive it before the period ends (para 5.6). The RTA small claims protocol has no equivalent provisions.
Stage 1: the Claim Notification Form
| Step | RTA protocol | EL/PL protocol | Paragraph |
|---|---|---|---|
| Electronic acknowledgment of the CNF | The next day after receipt | The next day after receipt | RTA 6.10; EL/PL 6.9 |
| CNF response (insurer) | 15 business days | 30 (employers’ liability) or 40 (public liability) business days | RTA 6.11; EL/PL 6.11 |
| CNF response where the MIB deals with the claim | 30 business days | Not applicable | RTA 6.13 and 6.14 |
| Stage 1 fixed costs, where liability is admitted | 10 business days after receiving the Stage 2 Settlement Pack | The same | RTA 6.18; EL/PL 6.16 |
| Claimant’s notice to leave for unpaid Stage 1 costs | Within 10 business days after that period ends | The same | RTA 6.19; EL/PL 6.17 |
Before sending an RTA CNF the claimant’s representative searches askCUE PI and puts the reference in the CNF (RTA para 6.3A). Where the RTA claim leaves the protocol at Stage 1, it continues under the Pre-Action Protocol for Personal Injury Claims from its para 6.3, which allows a maximum of three months to investigate, or from its para 5.1 where the exit is for inadequate mandatory information in the CNF (para 6.17). Where the defendant says the claim belongs on the small claims track, the accident was on or after 31 May 2021 and the parties agree, it restarts under the RTA small claims protocol at its para 5.3 (para 6.15A). An EL/PL claim continues under the relevant protocol with time running from the acknowledgment (EL/PL para 6.15). The pre-action protocol deadline calculator gives those dates.
Stage 2: the settlement pack, interim payments and the Court Proceedings Pack
| Step | Time | Paragraph |
|---|---|---|
| Send the Stage 2 Settlement Pack | Within 15 days of approving the final medical report (or any non-medical report), whichever is later | RTA 7.33; EL/PL 7.31 |
| Initial consideration period: accept or counter-offer | Up to 15 business days (extendable by agreement) | RTA 7.35, 7.36, 7.38; EL/PL 7.32, 7.33, 7.35 |
| Negotiation period | The rest of the 35 business days (at least 20; extendable by agreement) | RTA 7.35; EL/PL 7.32 |
| Further consideration period | 5 business days after the 35, where an offer is made 5 days or less before the end (cannot be varied) | RTA 7.37; EL/PL 7.34 |
| Interim payment of £1,000 | Within 10 business days of receiving the Interim Settlement Pack | RTA 7.18; EL/PL 7.17 |
| Interim payment of more than £1,000 | Within 15 business days (30 without a CRU certificate) | RTA 7.19 and 7.25; EL/PL 7.18 and 7.23 |
| Settlement payment | Within 10 business days of agreeing a settlement (without a CRU certificate in force for 10 days: within 30 days of the end of the consideration periods) | RTA 7.47 and 7.50; EL/PL 7.44 and 7.47 |
| Return a non-compliant Court Proceedings Pack | Within 5 business days | RTA 7.67; EL/PL 7.50 |
| Non-settlement payment after the Court Proceedings Pack | Within 15 business days of receiving it (30 without a CRU certificate) | RTA 7.72 and 7.74; EL/PL 7.55 and 7.57 |
| Stage 3 acknowledgment of service (N210B) | Not more than 14 days after service of the claim form | Practice Direction 49F para 8.1 |
The total consideration period is 35 business days, split into an initial consideration period of up to 15 and a negotiation period of 20. The parties can agree to extend either, which extends the total (RTA para 7.36; EL/PL para 7.33). The further consideration period of 5 days, triggered by an offer made 5 days or less before the end, cannot be varied. If the claim does not settle, the claimant sends the Court Proceedings Pack (Parts A and B), and the claim goes to Stage 3 under Practice Direction 49F (PD 8B until 1 October 2023). The fixed costs at each stage are in Practice Direction 45 and are not worked out here.
The RTA small claims protocol (Official Injury Claim)
| Step | Time | Paragraph |
|---|---|---|
| Response on liability | Within 30 business days of the claim being accepted on the Portal (40 where the MIB deals with it); no response means liability is taken to be admitted in full | Paras 6.2, 6.3 and 6.15 |
| Interim payment request | Response within 15 business days; payment within 10 of agreement (30 without a CRU certificate) | Paras 9.4 and 9.5 |
| Offer after the medical report and List of Losses | Within 20 business days of receiving them; a dispute that the accident caused any injury within the same 20 | Paras 8.5, 8.7 and 8.9 |
| No offer made | The claimant may start proceedings, but not until at least 20 days after sending the information | Para 8.19(2) |
| Offers and counter offers | Up to 3 each; a response expected within 10 business days; no withdrawal until 10 days have passed | Paras 8.14(3) and 8.18(1) |
| Settlement payment | Within 10 business days of acceptance on the Portal (30 without a CRU certificate) | Paras 10.2 and 10.3 |
| Court Pack list | Sent at least 5 working days before proceedings; the compensator has 5 working days to review it | Paras 12.4 and 12.6 |
Unlike the RTA protocol, a missed liability response does not end the protocol: liability is taken to be admitted in full and the claim continues (para 6.15). A claim that cannot be settled goes to the small claims track under Practice Direction 27B. The protocol uses “working days” for the Court Pack list; the calculator counts them as business days.
When a claim leaves the portal
RTA protocol
- In the CNF response period, the defendant admits liability but alleges contributory negligence (other than for the claimant’s admitted failure to wear a seat belt), does not respond, does not admit liability, or says the CNF lacks mandatory information or the claim belongs on the small claims track (para 6.15). The claim then continues under the Pre-Action Protocol for Personal Injury Claims from its para 6.3, or from its para 5.1 where the exit is for inadequate mandatory information in the CNF (para 6.17). Where the defendant says the claim belongs on the small claims track, the accident was on or after 31 May 2021 and the parties agree, the claim restarts under the RTA small claims protocol at its para 5.3 (para 6.15A).
- The defendant does not pay the Stage 1 fixed costs in time and the claimant gives written notice within 10 days after that period ends (para 6.19).
- An interim payment is not made, or is less than requested, and the claimant gives notice within 10 days after the payment period ends and starts Part 7 proceedings (paras 7.28 to 7.30).
- In the initial consideration period, the defendant says the claim belongs on the small claims track or withdraws its admission of causation (para 7.39), or does not respond at all (para 7.40).
- An offer in the Stage 2 Settlement Pack is withdrawn after the consideration periods (para 7.46).
- The defendant does not make the non-settlement payment after the Court Proceedings Pack in time and the claimant gives notice (para 7.75).
- The claimant revalues the claim above £25,000 (para 4.3), or gives notice that it is unsuitable for the protocol, for example because of complex issues of fact or law (para 7.76).
- A claim that leaves the protocol cannot re-enter it (para 5.11).
EL/PL protocol
- In the CNF response period, the defendant admits liability but alleges contributory negligence, does not respond, does not admit liability, or says the CNF lacks mandatory information or the claim belongs on the small claims track (para 6.13). The claim then continues under the relevant pre-action protocol, with the CNF as the letter of claim (except where it left because the CNF contained inadequate information) and time running from the date the acknowledgment was served (para 6.15).
- The defendant does not pay the Stage 1 fixed costs in time and the claimant gives written notice within 10 days after that period ends (para 6.17).
- An interim payment is not made, or is less than requested, and the claimant gives notice within 10 days after the payment period ends and starts Part 7 proceedings (paras 7.26 to 7.28).
- In the initial consideration period, the defendant says the claim belongs on the small claims track or withdraws its admission of causation (para 7.36), or does not respond at all (para 7.37).
- An offer in the Stage 2 Settlement Pack is withdrawn after the consideration periods (para 7.43).
- The defendant does not make the non-settlement payment after the Court Proceedings Pack in time and the claimant gives notice (para 7.58).
- The claimant revalues the claim above £25,000 (para 4.2), or gives notice that it is unsuitable, for example because of complex issues of fact or law or a contemplated Group Litigation Order (para 7.59).
- A claim that leaves the protocol cannot re-enter it (para 5.11).
RTA small claims protocol
- Either party notifies through the Portal that it reasonably believes the overall claim is worth more than £10,000 or the injury claim more than £5,000; a party becomes a protected party; the compensator says the claim is unsuitable because of complex issues of fact or law, or alleges fraud or fundamental dishonesty (para 4.5(1)(a) to (d)). The claim then continues under the Pre-Action Protocol for Personal Injury Claims from its para 6.3 (para 4.6(2)), or under the RTA protocol from its para 6.1 where para 4.7 applies.
- The compensator disputes that the accident caused any injury after the medical report is disclosed (paras 4.5(1)(e) and 8.9): the claimant may start court proceedings without another protocol (para 4.6(3)).
- No address for the defendant, with an RTA insurer or the MIB responding, when the claimant prepares the court form under paras 12.7(1) and (2) (para 4.5(1)(ea); see para 12.8(2)), or the court orders the claim out of the Portal (para 4.5(1)(f)).
- A failure to respond on liability is not an exit: liability is then taken to be admitted in full and the claim stays in the protocol (para 6.15).
Limitation
The protocols do not stop the limitation period. Where the protocol cannot be completed before limitation expires, the claimant may start proceedings and ask for a stay while the protocol is followed: Stage 3 proceedings under Practice Direction 49F para 16 for the RTA and EL/PL protocols (para 5.7), and the Practice Direction 27B procedure for the RTA small claims protocol (para 5.6). The limitation period calculator works out the three years.
Related tools
- Pre-action protocol deadline calculator, for claims outside the portals
- Limitation period calculator
- Deemed service calculator and the CPR deadline calculator, once proceedings start
- Small claims costs checker
- CPR costs rules guide
- All free tools
Sources
- Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
- Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims
- Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents
- Practice Direction 49F (the Stage 3 Procedure) and Practice Direction 27B
- CPR 2.8, CPR 6.14 and CPR 26.9 and 26.10
- Pre-Action Protocol for Personal Injury Claims
- GOV.UK: UK bank holidays