Claiming For An Injury When The Other Party Has Denied Liability

By Jo Anderson. Last Updated 2nd February 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:

A solicitor discussing how an insurance company has denied liability to her client

Select A Section

  1. What Happens If The Other Party’s Insurance Company Has Denied Liability?
  2. A UK Insurance Company Denied My Claim – Now What?
  3. What Evidence Could Help My Personal Injury Claim?
  4. How Much Compensation Could I Claim For A Personal Injury?
  5. No Win No Fee Claims If The Other Party Has Denied Liability
  6. Learn More About What Happens If The Other Party’s Insurance Company Denied Liability

What Happens If The Other Party’s 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.

A UK Insurance Company Denied My Claim – Now What?

There may be several reasons that the other party’s insurance company has denied liability for your accident claim. It may be that there is a lack of evidence to support your case, or your medical evidence may be disputed, for example.

An initial denial of liability does not necessarily mean you will not get compensation, however. There may be instances where liability is denied but a settlement offer is still made.Having a solicitor assisting you  when claiming compensation for a road traffic accident, an accident in a public place or an accident at work, for example, can be beneficial. 

They could help you gather evidence to support your claim and can help negotiate a settlement offer on your behalf. What happens If the other party’s insurance company has denied liability will depend on the circumstances of your case. If you would like free legal advice relating to a denied personal injury claim, or would like to see if one of our solicitors could help you strengthen your case for compensation, please contact an advisor.

Can A Whiplash Claim Be Refused?

If you suffered a minor injury on or after the 31st 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 Evidence Could Help My Personal Injury Claim?

If you have been injured in an accident, and the other party is denying liability for it, gathering sufficient evidence could help support your case. Evidence could help with proving how the accident occurred, who was liable, and the types of injuries you suffered.

Some examples of evidence that could prove useful in a personal injury claim include:

  • Medical evidence – such as your medical records stating the injuries you suffered and the treatment you have received and will need in the future.
  • Video footage – this could be CCTV or dashcam footage of the accident taking place.
  • Photographs – this could be of your visible injuries and the accident scene.
  • Witness contact details – anyone who witnessed the accident taking place may be able to provide a statement at a later date.

If you are still unsure what to do if the other party’s insurance company has denied liability when making a personal injury claim, you can contact one of our advisors. They may also connect you with one of our solicitors who could assist you through the claiming process.

How Much Compensation Could I Claim For A Personal Injury?

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, except for the first entry.

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Location of injury Compensation Guideline Injury Comments
Multiple serious injuries inclusive of special damages. Up to £300,000+ A combination of serious injuries resulting in pain, suffering and financial loss, including care costs and loss of income.
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.

Learn More About What Happens If The Other Party’s Insurance Company Has 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?

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