Claiming for injury compensation when liability is in dispute or has been denied

Posted Dec 31, 2018.
When making a claim for personal injury compensation, liability – that is, who is at fault – is usually reasonably easy to establish. For example, if you were hit from behind in your car whilst stationary, it is highly likely that the vehicle and driver who crashed into you will be deemed to be at fault and liable. These types of claims usually result in a reasonably quick and straightforward settlement. 

However, there are a large number of injury claims where the issue of liability and who is at fault is disputed, either because the circumstances involved in the claim are unclear or because the third party insurer (that is, the insurance company for the person or business you are making a claim from) are trying to avoid paying compensation to you. With liability being one of the main elements required to make a successful compensation claim, with many solicitors often rejecting ‘liability denied’ claims, what are your options when liability is disputed?

Liability denied claims

When making a claim for personal injury compensation, you must be able to demonstrate that there is a 3rd party for a claim to be made to and that the 3rd party is at least partly responsible for the incident that lead to the injuries forming the basis of the claim. When the third party insurer (that is the ‘other side’s’ insurance company – the one that you are making your claim against) denies liability, they are effectively saying that you have no grounds to make a claim and are refuting any liability whatsoever.  Many solicitors and law firms will also refuse to help you with a liability denied claim, so it is important that you speak to a law firm such as Bakers Solicitors who specialise in running and winning this type of claim. 

We can advise you as to whether or not we feel you have a realistic prospect of succeeding if your claim were to go all the way to court, as liability denied claims are more likely to end up in court where a judge can ultimately make a decision. If, after thorough investigation of all the available evidence, we feel that the defence raised by the 3rd party is strong and that a court is likely to uphold the defence, your claim will be closed. Of course whilst this is disappointing, because we run cases on a no-win, no-fee basis, there will be no cost to you personally. Where an injured person is obviously 100% at fault for their injuries, there will be no basis to pursue a claim for personal injury compensation.

Claims where contributory negligence is a factor 

Rather than a straight outright denial of liability following an accident involving an injury, some claims are settled on a contributory negligence basis, meaning that you may have to accept a certain percentage of responsibility following the accident. An example of this would be where an individual is claiming against a supermarket following a trip on a wet surface. Whilst the supermarket may admit that the correct clean-up and warning signs weren’t in place, if the claimant was under the influence of alcohol at the time, this is likely to be treated as a contributing factor.

The result of contributory negligence is a percentage reduction in the amount of compensation you are entitled to receive. For example, say a claim is valued at £5,000 but there is a 25% contributory negligence to be factored in, the compensation award would be reduced by £1,250 to £3,750.

Help with liability denied claims

If liability is in dispute in your personal injury claim, please don’t think that this is the end of the matter! At Bakers we pride ourselves on our experience in representing claimants who have liability denied claims and who also may been rejected by another solicitor as a result. 

The Bakers team are very experienced in assessing previously rejected personal injury claims of all types, from whiplash road accidents through to complex and high value serious injury claims. Our professional, friendly team have a long track record in winning cases that have often previously been rejected by more than one solicitor or law firm, and we love delighting our clients when they receive injury compensation that they thought they would never receive. 

So if your claim has been rejected, get in touch today for a free, quick and no obligation assessment of your case.