By Jo Jeffries. Last Updated 5th July 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, even if the insurance company accepts liability. 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.
Plus, we show how to go about getting compensation payouts in a car insurance claim for personal injury when the other driver won’t admit fault. We talk about calculating compensation in the event of the other driver not admitting fault in the UK, give 2022 claim examples, and show how we could help you start a claim.
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 ClaimsWe are Accident Claims UK,
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. Should 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? -Why Has The Other Party’s Insurance Company Denied Liability?
- What Could I Do If My Claim Has Been Rejected?
- How Could An Accident Claims Solicitor Help My Claim?
- Calculating Compensation In The Event Of The Other Driver Not Admitting Fault In The UK – 2022 Claim Examples
- No Win No Fee Claims If The Other Party Has Denied Liability
- Start Your 3rd Party Injury Claims Today
- Useful References Relating To What Happens If The Other Party’s Insurance Company 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.
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, it might warrant further investigation. 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 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.
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 In The Event Of The Other Driver Not Admitting Fault In The UK – 2022 Claim Examples
Here, we show you how to go about calculating compensation in the event of the other driver not admitting fault in the UK, with 2022 claim examples.
It’s important to remember when calculating compensation in cases where the other driver won’t admit fault, you need solid evidence, such as dash cam footage, witness contact details and medical records.
These can all be used to strengthen your claim.
What needs to be assessed when calculating compensation?
To work out how much you could be eligible for, the severity of the injuries you’d suffered and the impact on your life would be measured. Other factors that could affect your compensation payout could include:
- How severe the injury was at first
- The extent of the treatment needed
- Whether you were to make a full recovery
- How the injury affected your ability to work/enjoy life
- The financial implications of the injury
2022 Claim Examples
The figures we have put in the table below come from the 2022 edition of the Judicial College Guidelines. This gives guideline payout amounts for a range of injuries which can be used to help value general damages. This is the head of claim that provides compensation for the pain and suffering caused by your injuries. The guidelines only relate to claims made in England and Wales.
Also, as various factors are considered when valuing claims, you should only use these figures as a guide.
|Location of injury||Compensation (With Uplift)||Injury Comments|
|Hand Injuries||£140,660 to £201,490||Total or Effective Loss of Both Hands|
|Hand Injuries||£55,820 to £84,570||Serious Damage to Both Hands|
|Hand Injuries||£29,000 to £61,910||Serious Hand Injuries|
|Leg Injuries||£97,980 to £132,990||The Most Serious|
|Leg Injuries||£54,830 to £87,890||Very Serious|
|Knee Injuries||£69,730 to £96,210||Severe|
|Knee Injuries||£14,840 to £26,190||Moderate|
|Ankle Injuries||£50,060 to £69,700||Very Severe|
|Ankle Injuries||£13,740 to £26,590||Moderate|
|Toe Injuries||£13,740 to £21,070||Severe|
|Toe Injuries||Up to £9,600||Moderate|
If you cannot see your injury in the table, please call our team.
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 deserve. 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 firstname.lastname@example.org.
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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?
Other Guides Available
- What Are My Legal Rights After An Accident At Work?
- Back Injury At Work Compensation Claims
- Accident In A Car Park Claims
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. Should 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.
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, against 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 the Solicitors Regulation Authority authorises and regulates 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 suffer an injury 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.
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.
How can I get insight into compensation payouts for a car insurance claim for personal injury?
To get insight into compensation payouts for a car insurance claim for personal injury, you could look at the compensation table earlier in this guide. In it, we have included figures from the Judicial College Guidelines’ 16th edition, released in April 2022. The figures in the table are only a rough guide, however. They do not include special damages either. If you would like to gain further insight into how much your injury claim could be worth, call our team. We’d be happy to talk to you about your case.
What happens if the insurance company accepts liability but says I wasn’t injured?
If the insurance company accepts liability but says you weren’t injured, this doesn’t mean they would deny your personal injury claim. If you have strong medical evidence that your injury was caused by the accident, and was as severe as claimed, your solicitor could use this. They could go about arguing for compensation on your behalf.
What special damages could be included in compensation payouts in a car insurance claim for personal injury?
The special damages you could include in a car insurance claim for personal injury would depend on the damage. In some cases, you might have to recover at home. You may not be able to work for a time. If this happens, you could lose out on income. This is just one of the expenses you could include within your claim. Other examples could include medical costs and travel expenses.
Final words if the other driver is not admitting fault in UK claims
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,