What To Do If The Other Party’s Insurance Company Has Denied Liability? – How To Claim Compensation After A Personal Injury Claim Is Denied Or If A driver Is Not Admitting Fault For A UK Claim

By Jo Jeffries. Last Updated April 26th 2022. Welcome to our guide that explains all about accepting liability for an accident when making 3rd party injury claims. In it, we discuss what you could do if the other party’s insurance company denied liability. We also discuss how we could help if a third party is not admitting liability or you’ve had a personal injury claim denied for another reason. If the other driver is not admitting fault for a UK accident, we could help you  understand whether you could have a case for compensation, and how to go about getting it.

If you were recently injured in an accident that was not your fault if you can prove the liability of a third party you could be able to make an accident claim for compensation. However, sometimes the other party denies liability after an accident. Denial of liability means the defendant’s insurance company does not accept the defendant’s responsibility for the accident and your injuries.

What happens if the other party’s insurance company denied liability?

What happens if an insurance company denies your claim? If the other party’s insurance company denies liability, this could make it harder for you to claim compensation. However, it doesn’t mean that it is impossible. In this guide, we explain what to do if liability is denied and why you may still be able to make a successful personal injury claim for compensation.

Expert guidance on 3rd Party Injury Claims

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Insurance company denied liability

We are Accident Claims UK, a personal injury claims service that seeks compensation for people affected by injuries caused by negligence or criminal actions. Our solicitors have up to thirty years’ experience handling accident claims and always push to win clients the maximum amount of compensation they may be owed.

 

Has your personal injury claim been denied?

If you believe you are owed compensation for injuries or illness caused to you by an accident that was not your fault, call us today for a free legal consultation. If you have legitimate grounds to claim, we could assign an experienced personal injury lawyer to start working on your case right away.

If you were injured or made ill because of an accident that was not your fault, call 0800 073 8801 or use our online claims form to get in contact. 

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A Guide On What To Do If An Insurance Company Has Denied Liability

In the United Kingdom, certain parties owe each other a duty of care. For example, legislation such as the Health and Safety at Work Act (1974) states that employers have a duty of care towards their employees, meaning they must provide staff with a safe and hygienic environment in which to work.

The Occupiers Liability Act (1954) states that proprietors of shops, restaurants, hotels and other public places owe a duty of care to customers, staff and other people who use their premises, such as a delivery person. Similarly, medical practitioners, doctors and nurses, have a duty of care towards patients and are bound by strict ethical and legal codes.

Road users, meanwhile, are expected to abide by various highway laws and regulations in order to ensure the safe transit of vehicles and pedestrians.

3rd Party Injury Claims – What Compensation Could I Receive?

If you are injured or made ill because of the negligence of another party, that party could be held liable for your suffering, and you could be entitled to make a personal injury claim for compensation. If your claim is successful you could receive a compensation package, which would include general damages to compensate you for the pain, suffering and loss of amenity you sustained and special damages, which compensate you for any financial losses you incurred as a result of your accident. For example, special damages could reimburse you for any medical expenses you had to pay.

Accepting Liability For An Accident – 3rd Party Injury Claims

Providing there is sufficient evidence, the defendant’s insurer may admit liability on behalf of their client. Sometimes, businesses and organisations may want claims resolved quickly and discreetly. Insurance companies often want to avoid going to court because out of court settlements may be less complicated, and usually take less time to resolve.

Therefore, an insurance company may accept liability. After the defendant’s insurer admits liability, a personal injury claim can proceed to the next stage. This is where the defendant’s solicitor and the insurer may offer a settlement amount to pay the claimant. Should this be the case, you could opt to accept or reject the offer but could always seek advice from a personal injury solicitor before making a decision.

What Happens If The Other Party’s Insurance Company Denied Liability

However, there are instances where a personal injury claim is denied. This means the insurance company has denied that their client caused the accident. This could be a claim denied after a car accident, an accident at work claim being denied, a third party denying involvement in a public place accident, or any other type of claim where there is a denial of fault by the defendant and their insurer.

In this guide to denied liability for a claim, we aim to explain what you, as a claimant, can do if you find yourself in this situation, and how you could still make a successful personal injury claim for compensation if liability is denied.

What Does It Mean If An Insurance Company Does Not Accept Liability?

If an insurance company does not accept liability for an accident, it means that they deny their client’s responsibility for the accident which caused your injuries. They may deny liability on grounds of insufficient evidence, in which case, your solicitor may have to collect more evidence to support a claim. This could include CCTV footage, eyewitness statements, medical reports, police reports, and photographic evidence amongst other things.

Submitting new evidence if your personal injury claim is denied

In some cases, the liability may be accepted by the insurance company, in light of the new evidence. If after new evidence has been presented the insurance company continues to deny liability, the case may have to go to court to be resolved. In which case, a personal injury lawyer could issue court proceedings on your behalf. In court, a judge may resolve the disputed liability, based on evidence that both parties present.

Why isn’t the other party accepting liability for an accident – 3rd party injury claims

Why would the other insurance company deny a claim? As previously mentioned, the defendant’s insurer may deny liability because of a lack of supporting evidence. In some cases, such as a customer slipping on a wet floor in a shop, it may be relatively easy to determine liability. With some accidents, however, it may be more difficult to establish who is at fault.

In some instances, the claimant and the defendant may offer different sides to the story. As such, liability may be denied because of the ambiguity of a situation. If an insurance company has denied liability, it could also be because the claimant’s personal injury solicitor has not put forward a strong enough case, and further investigation would be needed. If the third party’s insurance company initially denies liability, they may accept liability in the future, if a stronger case is presented by the claimant’s solicitor.

Has your personal injury claim been denied because the defence is strong?

Please be aware that if liability is initially denied because the defence has a stronger claim, then you might not win your case in court. In which case, your personal injury solicitor might not continue to fight the denial of liability. In other cases, the evidence may suggest that you are partially liable for your injuries. For example, if you slipped on a wet floor in a shop but were heavily intoxicated at the time, the judge may apportion 25% liability to you. This is known as contributory negligence. In this case, you may only be able to make a personal injury compensation claim for 75% of the compensation you could have claimed if you had not contributed to your accident. A solicitor may, or may not advise you to accept a compensation award in the case of contributory negligence.

Why Are Accident And Injury Claims Rejected – Why Has The Other Party’s Insurance Company Denied Liability?

Why else would an insurance claim be denied? Accident and injury claims are rejected because of a number of reasons. We will now look at reasons why denied liability for a claim could take place.

Firstly, it could be because the party responsible, or third party denies involvement in the accident. The defendant may deny that they are responsible for causing your accident. This may be out of dishonesty, or out of sheer confusion. If you the claimant and the defendant are both giving different versions of events and the insurance company does not accept fault because of this, further investigation would be needed, and the claim may have to go to court to determine who is liable for the accident.

Are they not accepting liability for an accident because there has been a mistake?

Claimants should also take care that they have not made a mistake, which has caused their claim to be rejected. For example, a claimant could have provided incorrect information about an accident to a solicitor, which could invalidate the claim.

A claimant may be at fault for their own injuries and this would lead to a claim being invalid.

There are many other reasons why liability in a personal injury claim could be denied. If you are having problems with a denial of fault derailing your personal injury claim, call Accident Claims UK. Our panel of solicitors could investigate your case, and if there is evidence to support your claim, we would be happy to represent you.

What Could I Do If My Claim Has Been Rejected?

What happens if the other party’s insurance company has denied liability and you believe your claim shouldn’t have been rejected? You can take the following steps to appeal if your personal injury claim was denied.

Contact The Insurance Company If They’re Not Accepting Liability For An Accident

If the insurance company has denied liability for a claim, your first step should be to contact the other party’s insurance company or if you have a solicitor they would do this for. Ask to speak to a customer service representative, or write a formal letter of complaint. If liability has been denied because of an error the company made, you may be able to resolve the issue there and then.

The expertise of an experienced accident claims solicitor could be beneficial in assisting claimants to avoid potential pitfalls such as signing documents at the request of the defendant’s insurer, or legal team without their own legal advice. It is always advisable to seek legal advice prior to signing any legal documents. If you’d like help with a third party not admitting liability, we would be happy to assist.

Write a Formal Letter Of Complaint If They’re Not Accepting Liability For An Accident

If a third party is not accepting liability for an accident, putting your complaint in writing could be helpful. If you wish to write a formal letter of complaint to alert the insurance company that they have erroneously denied liability, you may wish to include the following:

  • The date on which you wrote and sent the letter
  • State that it is a letter of complaint, early on in the letter
  • State why you believe the denial of fault is wrong, and include any information you have to back up your point
  • State how you would like the insurance company to right this wrong (i.e. accept liability)
  • State that you may get a personal injury solicitor involved if the problem is not resolved and remains ongoing

Get An Independent Assessment On 3rd Party Injury Claims From Our Team

If you are not happy with the insurance company not accepting liability for an accident and feel a change of approach may be needed, contact Accident Claims UK for an independent assessment. We would evaluate all the evidence to let you know if the other party’s insurance company has denied liability wrongfully or not. If we choose to take on your claim, our panel of solicitors could investigate to see if there is sufficient evidence to prove that the insurance company’s denial of liability is wrong.

How Could An Accident Claims Solicitor Help My Claim?

If your insurance claim has been denied and you do not have a solicitor, you may wish to appoint one to handle your case. An experienced personal injury solicitor could scrutinise the denial of liability, start an investigation, and provide evidence to support your claim.

In some instances, you may wish to find a different personal injury solicitor to work on your claim. Why do people sometimes switch to a different solicitor to represent their claim? Their existing solicitor may have told them that they do not have legitimate grounds to claim, without having considered every bit of evidence.

Getting Extra Help With 3rd Party Injury Claims

If an insurance company isn’t accepting liability for an accident, you might look for extra assistance from us. Your original solicitor may have taken on the case but have done little with it, or they may be advising the claimant to accept a compensation settlement that is too low. Another common reason why a claimant may seek another solicitor is that the defendant’s insurance company disputed liability and the claimant’s solicitor didn’t fight hard enough to prove otherwise.

Contact Accident Claims If A Third Party Is Not Admitting Liability

If you’ve had a personal injury claim denied, please remember that Accident Claims UK aims to win you the compensation that you could be entitled to receive. If a third party is not admitting liability, we would work to overturn this ruling, including representing your claim in court.

Call Accident Claims UK and if you have legitimate grounds to make a personal injury compensation claim, one of our personal injury solicitors would be happy to handle your case. Call today for your free personal injury consultation.

Calculating Compensation For 3rd Party Injury Claims

If you have been injured or made ill because of an accident that was caused by another party, you could be entitled to claim compensation. How much compensation you are awarded for your personal injury claim would depend on the type of injuries you suffered and their severity.

If you call Accident Claims UK, we would offer a more accurate estimate on how much compensation you could receive. Alternatively, you may use our personal injury claims calculator table to estimate how much compensation you could be awarded in terms of general damages, special damages are not taken into consideration in this table.

However, please do take note that the table does not include any special damages you could receive (reimbursement for any expenses your injuries have caused you). Also, it is crucial to understand that the amount of compensation awarded in successful claims differs on a case-by-case basis according to the particular nature of each claim.

Location of injuryCompensation (With Uplift)Injury Comments
Hand Injuries£132,040 to £189,110Total or Effective Loss of Both Hands
Hand Injuries£52,310 to £79,360 Serious Damage to Both Hands
Hand Injuries£27,220 to £58,100Serious Hand Injuries
Leg Injuries£90,320 to £127,530The Most Serious
Leg Injuries£51,460 to £85,600Very Serious
Knee Injuries£65,440 to £90,290Severe
Knee Injuries£13,920 to £24,580Moderate
Ankle Injuries£46,980 to £65,420Very Severe
Ankle Injuries£12,900 to £24,950Moderate
Toe Injuries£12,900 to £29,770Severe
Toe InjuriesUp to £9,010Moderate

No Win No Fee Claims If The Other Party Has Denied Liability

If you have legitimate grounds to claim, you could make a No Win No Fee claim, even if the other party has initially denied liability. A No Win No Fee claim means that your personal injury lawyer could work on your case without charging you an upfront fee. Instead, you would be charged a success fee, where you pay your solicitor out of your compensation if you win your claim. In the unlikely scenario that you do not win your claim, you would not be charged a solicitor’s fee.

To enquire about making a No Win No Fee claim for compensation, contact Accident Claims UK today.

Start Your 3rd Party Injury Claims Today

If you have been injured or made ill because of negligence on the part of a third party, you could be entitled to seek compensation.

Contact Accident Claims UK today to see if we can help you make a personal injury claim for the compensation that you may be owed. Remember, even if liability has been denied by the other party, our experienced solicitors with great reviews may fight to win you the compensation you could be entitled to.

Call us today to speak to an adviser and begin your claim, even if a third party not is admitting liability?. You can also check our other contact details here or send us the outline of your case via email to office@accidentclaims.co.uk.

Useful References Relating To What Happens If The Other Party’s Insurance Company Denied Liability

Head Injury Accident Claims – How much compensation could you claim for an accident which caused a head injury? Could you still claim if a third party not is admitting liability?

Cycling Accident Claims Advice – How much could I claim for an injury sustained in a cycling accident? Could you still claim if a third party not is admitting liability?

Accident At Work Claims Guide – How much compensation could I claim for an injury sustained in a work accident? Could you still claim if a third party not is admitting liability?

Frequently asked questions about accepting liability for an accident and what happens if the other driver is not admitting fault for a UK accident?

Can a whiplash claim be refused?

Simply put, yes. If an insurance company accepts liability, claims could be likely to succeed. However, if the other driver is not admitting fault in the UK, this doesn’t mean your claim will fail.

Your solicitor could help you fight for car accident compensation. They could even help you take your claim to court even if the other driver’s insurance denied the claim.

The insurance company is not responding to my claim – what do I do?

If someone is denying liability for a car accident, this could be frustrating. However, what happens if an insurance company is not responding to a claim?

If this happens, your solicitor could file paperwork with the courts. If 3rd party injury claims go to court, your solicitor would support you throughout the process.

If an insurance company accepts liability will my claim be successful?

In some cases, accepting liability for an accident may not always mean you’d receive compensation. Some insurance companies may admit liability but dispute your injuries if the other driver is not admitting fault for your injuries, as they say you were uninjured at the scene.

Your solicitor could help if this happens. Usually, an independent medical report could be used to verify your injuries.

How long does it take before an insurance company accepts liability?

Are you considering making 3rd party injury claims for a road accident? Perhaps you’re claiming for an accident at work? Whatever the claim, your solicitor will fight for the maximum compensation possible for your claim.

They would like to help you get compensation quickly too.  However, accepting liability for an accident may take some time. The other party might want to see police reports, or medical evidence, for example. If the other driver is not admitting fault for a UK accident, this could mean you might have to go to court to get the compensation you deserve.

How common are third party injury claims stemming from accidents at work?

You might be surprised to learn that even despite the work from home orders that were in place in 2020 due to coronavirus lockdowns, 0.4 million people still suffered workplace injuries. The statistics from the Health and Safety Executive show what the most common causes of these accidents were. Even if the other party’s insurance company denied liability, if you could prove that an accident at work was not your fault, you could still claim compensation. We could help you to do so.

 

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If another person is not accepting liability for an accident in which a loved one was killed, could you still claim?

As we have mentioned in the sections above, if there is enough proof that someone is responsible for an accident that killed your loved one, you could still claim compensation. We could help you make fatal accident claims against employers, or the insurance companies of drivers that caused fatal accidents on the road. If you would like to talk to us about 3rd party injury claims for fatal accidents, we would be delighted to speak to you. We understand that no settlement could ever make up for the wrongful death of a loved one. However, it could help pay for their funeral, and cover other costs associated with their death. Our solicitors, who are authorised and regulated by the Solicitors Regulation Authority could assist with such claims.

Final Words On 3rd Party Injury Claims – Accepting Liability For An Accident And What Happens If The Other Party’s Insurance Company Denied Liability

We hope our guide that explains all about accepting liability for an accident when making 3rd party injury claims has been useful. In it, we’ve discussed what you could do if the other party’s insurance company denied liability.

What do I do if I’m in a car accident and the other driver is not admitting fault in the UK?

There are several things you could do if you’re injured in a car accident and the other driver is not admitting fault in the UK. You could request the police report for the accident if there is one. If the police have investigated and found the other driver to be at fault, the report could help your claim. You could also see if there are witnesses that could back up your recollection of the accident. This could lend further weight to your claim. If you’re worried about the other driver not admitting fault for a UK claim, please speak to our team. We could provide you with free advice. 

How common are accidents where both drivers don’t admit fault?

We do not have statistics for how often both drivers don’t admit fault for car accidents. However, we can provide some insight into how common road traffic accidents in the UK are and how seriously people could be injured. Below, you can see the statistics from the Department for Transport for the year ending June 2021. Please keep in mind that these statistics are provisional. 

other driver not admitting fault UK

Can you help me with a claim if the other driver is not admitting fault for a UK accident?

We could assess your claim if the other driver is not admitting fault for a UK accident. If we find that your case could have a favourable chance of success, we could provide you with a No Win No Fee solicitor to help you.

 

We’ve also discussed how we could help if a third party is not admitting liability. If you’ve had a personal injury claim denied and would like our help, please get in touch. We could help you if the other driver is not admitting fault in a UK accident,