Claiming For An Injury When The Other Party Has Denied Liability

By Stephen Burke. Last Updated 15th September 2023. In this guide, we discuss what action you can take if you’re making a valid personal injury claim against a third party, but either they or their insurance provider is denying liability. We will explain what can happen when liability is denied during different types of injury claims. For instance, if you’re claiming against another driver for injuring you in a car accident, we’ll cover what to do if someone denies hitting your car in the UK.

This guide also talks about how working with a No Win No Fee solicitor can benefit you. We’ll also look at how compensation is calculated and what payouts can comprise if a claim succeeds.

For more advice on making a personal injury claim and what to do if the other party has denied liability, you can contact our advisors for free. They are available 24 hours a day, 7 days of the week to contact. You can reach our team by:

• Calling us on 0800 073 8801
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Select A Section

1. A Guide On What To Do If An Insurance Company Has Denied Liability
2. A UK Insurance Company Denied My Claim – Now What?
3. What Could I Do If My Claim Has Been Rejected?
4. How Could An Accident Claims Solicitor Help My Claim?
5. Accident Compensation Examples For Successful Claims
6. No Win No Fee Claims If The Other Party Has Denied Liability
7. Start Your 3rd Party Injury Claims Today
8. Useful References Relating To What Happens If The Other Party’s Insurance Company Denied Liability

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.

Accepting Liability For An Accident – 3rd Party Injury Claims

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.

A UK Insurance Company Denied My Claim – Now What?

A third party insurance may not be paying if they are denying liability for your accident. This could occur after a car accident, accident at work, accident in a public place or any other claim that would go through an insurance company. For example, the other driver may not be admitting fault in the UK.

In some cases, you may not have sufficient evidence and as such, the third party insurance is not paying. However, if you are able to submit further evidence, then you may be able to begin negotiations.

If you’re wondering, ‘a UK insurance company denied my claim, now what?’, you may wish to hire the services of a personal injury solicitor if you have not already done so. Contact our advisors for free legal advice and information on your possible next steps following third party insurance not paying.

Can A Whiplash Claim Be Refused?

If you suffered a minor injury on or after the 31^st of May 2021 and it is valued at £5,000 or less, your whiplash claim can be refused if you aim to make a traditional personal injury claim. This is due to the Whiplash Injuries Regulations 2021 that came into effect on this date. Low-value road traffic accident and whiplash claims must now be made through the Whiplash Reform Programme government portal.

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.

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.

Personal Injury Negotiation Tactics for UK Claims

If a company denies liability for your personal injury claim, or you’re not happy with a compensation offer, it could be possible for your solicitor to negotiate the settlement on your behalf. They can do so to ensure you receive a fair settlement that is relevant for your specific claim.

To ensure you build a strong claim when seeking compensation, you can:

1. Collect as much evidence as possible to back up your claim. Medical evidence is helpful as it can be used to calculate the value of your injury. An independent medical professional’s report could provide more details about the nature of your injury. You may be invited to attend this appointment as part of the claims process. If you’re not happy with the compensation offer you get, this type of evidence can be used to negotiate your current settlement amount.
2. Seek legal advice. A personal injury solicitor could use personal injury negotiation tactics for UK claims to help ensure you receive a fair settlement.

To learn more about the steps that a solicitor could take if you’re not happy with the personal injury settlement offer you have received, get in touch on the number above.

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.

Accident Compensation Examples For Successful Claims

Whether your claim is relatively straightforward or you have problems where an insurance company is not responding to your claim, you might be wondering how much you could receive for a successful claim. This section looks at how compensation is calculated for successful claims.

Whether you’re making a third party insurance claim against a driver whose speeding caused you to suffer injury, or for injuries sustained in a rear-end shunt, compensation depends on the specifics of your case.

If your claim is successful, you will receive general damages for your pain and suffering and potentially special damages for any out-of-pocket expenses caused by your injuries. 

If your claim is made in England and Wales, legal professionals could look to the Judicial College Guidelines (JCG) to provide guideline compensation amounts for general damages. However, these figures are not guaranteed. The table below shows figures from the JCG.

Location of injury	Compensation Guideline	Injury Comments
Hand Injuries	£140,660 to £201,490	(a) Total or effective loss of both hands.
Hand Injuries	£55,820 to £84,570	(b) Serious damage to both hands.
Hand Injuries	£29,000 to £61,910	(e) Serious hand injuries.
Leg Injuries	£97,980 to £132,990	Amputation (i) Below the knee amputation of both legs.
Leg injuries	£54,830 to £87,890	Severe (ii) Injuries leading to permanent issues with mobility.
Knee Injuries	£69,730 to £96,210	Severe (i) Serious knee injury with disruption of the joint.
Knee Injuries	£14,840 to £26,190	Moderate (i) Dislocation, torn cartilage, or meniscus causing mild future disability.
Ankle Injuries	£50,060 to £69,700	(a) Very Severe - Cases of a bilateral ankle fracture.
Ankle Injuries	£13,740 to £26,590	(c) Moderate - Fractures or ligamentous tears causing less serious disabilities.

To find out more about third party claims, get in touch with our advisor at any time.

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 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 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?

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
• Find out how many personal injury claims go to court with our helpful guide. Learn more about the compensation claims process.