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Guide · Personal injury
Interim Payments: What Are They and Can I Get One?
An interim payment is part of your compensation paid early, before your claim settles. It can help with lost earnings, treatment, care or changes to your home while your claim continues. You can usually get one once the other side accepts fault, and you can have more than one. The total is taken off your final compensation at the end.
Personal injury claims can take months or years to settle, but your bills and needs don't wait. This guide explains what interim payments are, when you can get one, how much you could receive and how the process works.
- What it is
- Part of your compensation, paid early
- Usually available
- Once the other side accepts fault
- How many
- More than one, as your needs change
- Court needed
- Not always. Many are agreed with the insurer
What is an interim payment?
An interim payment is money paid by the other side, or their insurer, before your claim is settled. It's paid on account of the compensation you're expected to receive, so it doesn't decide the final amount, but it recognises that you're likely to receive at least that much.
Interim payments can be agreed with the insurer, or ordered by the court under Part 25 of the Civil Procedure Rules. In serious cases there are often several, as your needs change.
Is an interim payment a loan?
No. It's part of your compensation paid early, and the total is taken off your final award. In almost all cases you won't have to pay any of it back. In the rare case that your final compensation turns out to be less than you've already received, the court can order an adjustment, which is why interim payments are kept to a sensible proportion of what your claim is likely to be worth.
When can you get an interim payment?
The court can order an interim payment if one of these applies:
The other side accepts fault
They've admitted liability. This is the most common route to an interim payment.
You have a judgment
The court has decided the other side is liable, and only the amount of your compensation is still to be decided.
You'd be likely to win
The court is satisfied that, if the case went to trial, you'd obtain judgment for a substantial amount, even though fault hasn't been admitted.
In practice, many interim payments are agreed with the insurer without going to court, especially where fault is accepted and the need is clear. If they won't agree, the court route is only available once court proceedings have started.
When are interim payments most useful?
- You're off workIf you can't work and your sick pay has run out, an interim payment can help replace your lost income while your claim is valued.
- You need treatment or rehabilitationIt can pay for private physiotherapy, specialist appointments, surgery or psychological therapy, so your recovery isn't held up by your claim. See getting early rehabilitation.
- You need careIf you need professional care, or a family member has had to give up work to look after you, an interim payment can help fund it.
- You need changes to your home or vehicleAfter a serious injury, it can pay for ramps, a stairlift, an adapted bathroom or an adapted vehicle, so you're not left waiting.
In our £3.7 million forklift case, interim payments funded our client's housing, mobility and rehabilitation while the claim progressed.
How much could you receive?
A reasonable proportion
There's no fixed maximum, but the court won't order more than a reasonable proportion of what your final compensation is likely to be, allowing for things like any share of blame.
Based on your needs
We set out your losses and what you need the money for, supported by evidence such as payslips, receipts, care reports and quotes.
More than one payment
As your needs change, for example if you need more surgery or more care, we can ask for further interim payments.
For example, if a claim is likely to be worth around £150,000 and fault is accepted, an interim payment of a substantial part of that may be agreed or ordered, leaving the rest to be settled at the end. The right amount depends on the facts of each claim.
Does it affect your final compensation?
No. An interim payment doesn't change how much your claim is worth, only when you receive part of it. The total of your interim payments is taken off your final award when your claim settles or the court decides it. See general and special damages for how your final compensation is worked out.
What about benefits?
If you receive, or may need, means-tested benefits, an interim payment can affect them. For Universal Credit and other means-tested benefits, compensation is usually ignored for 52 weeks from the first payment, including an interim payment, so it's worth thinking about a personal injury trust early. See catastrophic injury claims for more on protecting compensation.
Interim payments: FAQs
What is an interim payment in a personal injury claim?
It's part of your compensation paid early, before your claim settles, to help with things like lost earnings, treatment, care or adaptations. The total is taken off your final compensation at the end. It isn't a loan.
Can I get an interim payment if the other side hasn't admitted fault?
Possibly. If court proceedings have started, the court can order an interim payment if it's satisfied you'd be likely to win a substantial amount at trial, even though fault hasn't been admitted. We'll tell you whether that's likely in your case.
How long does it take to receive an interim payment?
If the insurer agrees to make a payment voluntarily, it can be fairly quick once the amount is agreed. If we need to apply to the court, it usually takes several weeks, because a hearing has to be arranged and the other side has time to respond.
How much can I receive as an interim payment?
There's no fixed maximum, but the court won't order more than a reasonable proportion of what your final compensation is likely to be. The amount depends on the value of your claim and what you need the money for.
Can I get more than one interim payment?
Yes. As your needs change, for example if you need further treatment or more care, further interim payments can be agreed or ordered. All of them are taken off your final compensation.
Will I have to pay an interim payment back?
In almost all cases, no. The total is taken off your final compensation. Only in the rare case that your final award is less than the interim payments you've received can the court order an adjustment.
Need support before your claim settles?
Talk to our team for free, with no obligation. We'll explain whether you can claim and whether an interim payment could help you while your claim continues. Eligible claims are handled on a No Win No Fee basis.