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 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.
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.
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.
Select A Section
- A Guide On What To Do If An Insurance Company Has Denied Liability
- What Does It Mean If An Insurance Company Does Not Accept Liability?
- Why Are Accident And Injury Claims Rejected?
- What Could I Do If My Claim Has Been Rejected?
- How Could An Accident Claims Solicitor Help My Claim?
- Calculating Compensation For Injury And Accident Claims
- No Win No Fee Claims If The Other Party Has Denied Liability
- Start Your Personal Injury Claim Today
- Useful References
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.
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.
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.
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 an 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.
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.
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 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.
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 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.
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 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 a rejection.
Contact The Insurance Company
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.
Write a Formal Letter Of Complaint
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 From Our Team
If you are not happy with the insurance company not accepting fault 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.
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.
They 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.
If this has happened to you, please remember that Accident Claims UK aims to win you the compensation that you could be entitled to receive. If liability has been denied, 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.
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 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 injury||Compensation (With Uplift)||Injury Comments|
|Hand Injuries||£132,040 to £189,110||Total or Effective Loss of Both Hands|
|Hand Injuries||£52,310 to £79,360||Serious Damage to Both Hands|
|Hand Injuries||£27,220 to £58,100||Serious Hand Injuries|
|Leg Injuries||£90,320 to £127,530||The Most Serious|
|Leg Injuries||£51,460 to £85,600||Very Serious|
|Knee Injuries||£65,440 to £90,290||Severe|
|Knee Injuries||£13,920 to £24,580||Moderate|
|Ankle Injuries||£46,980 to £65,420||Very Severe|
|Ankle Injuries||£12,900 to £24,950||Moderate|
|Toe Injuries||£12,900 to £29,770||Severe|
|Toe Injuries||Up to £9,010||Moderate|
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.
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 may fight to win you the compensation you could be entitled to.
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Article by HC