The 3rd Party Is Not Admitting Liability For My Injury, Could A Solicitor Help Me?
By Max Morris. Last Updated 17th June 2022. Whether you’ve been injured in a public place or suffered injuries in a road accident that wasn’t your fault, you may be wondering what to do if the third party responsible is not admitting liability.
If you have found yourself in this situation, this guide could help you. In the sections below, we explore what third party liability is, and how you could proceed with a claim if a 3rd party is not admitting liability for the accident you’ve been injured in.
We also discuss what happens if a third party admits liability but not causation, and how a solicitor could help you fight for compensation whether someone admits liability for an accident or not.
If you have any questions after reading this guide or you’d like us to provide you with a free eligibility assessment for your case, you can call our expert team at any time on 0800 408 7825. We’d be glad to help you.
Choose A Section
- A Guide On Claiming Damages When A Third Party Is Not Admitting Liability
- What Does Third Party Mean?
- What Is My Third Party Accident Claim Worth?
- How Does Contributory Negligence Relate To Liability In An Accident?
- Liability In A Road Traffic Accident Is Being Contested By The Other Party
- What If Liability Is Denied By The Other Party?
- What Happens In A Claim After An Insurance Company Accepts Liability?
- No Win No Fee Third Party Injury Claims
- How To Make A Third Party Claim
- Quick References
If you’ve suffered injuries in a car accident and no one admits fault, or you’re looking to make a public injury claim against someone’s public liability insurance, you may be wondering what happens if a third party is not admitting liability.
If you have tried to claim compensation on your own and found after writing to a third party’s insurance company that they aren’t admitting liability for an accident, you might feel like giving up on your claim. But this may not be the wisest option. In many cases where a third party or insurance company is not admitting fault, a lawyer could still help you fight for the compensation you deserve.
This guide has been put together to help those who are trying to make public accident claims or car accident claims where the third party is not admitting liability. In the sections below, we look at liability in more detail. We’ll explain the situations that could lead to you pursuing a claim for compensation for a car accident where the other driver won’t admit fault. And we’ll also discuss accidents in a public place that could lead to compensation even if your claim is initially refused.
We hope you find the information in this guide useful. If you would like further information on claiming non-fault accident compensation or would like us to assess your claim to see if it could bring you compensation, we’d be happy to advise you.
A third-party, by definition, is a person or organisation involved with an insurance claim who is not you. In terms of a car accident, this could be another road user. In terms of accidents in public places, this could refer to an organisation in control of a public place, like the local council or a supermarket.
Third-party insurance, in terms of car insurance, is the minimum level of insurance coverage you could take out. A third-party insurance policy means that you could be covered for injuries, losses or damage suffered by a ‘third-party’ if you cause an accident in which they are injured.
In terms of public liability insurance, such a policy could cover injury, loss or damage caused to third parties in accidents in a public place. Here, the holder of the insurance could be liable.
While in some car accident claims, the other driver admits fault and the claims process is fairly straightforward, there are other cases where the process may become more complicated.
If the third party is not admitting liability, or you could be held partially liable for the accident, they might initially refuse your claim, which may put you off continuing. Likewise, for public accident claims, you might find that the 3rd party is not admitting liability either.
However, if you believe you are not at fault for an accident and the other party is to blame, you could seek legal support and fight for the compensation you deserve, even if the 3rd party is not admitting liability.
We’ve previously explained how a solicitor or lawyer could help you potentially claim compensation if the other driver won’t admit fault. This section will clarify what you could receive from a successful personal injury claim. Remember: if the other driver’s insurance company accepts liability, the amount you receive will be based on many different factors.
The Judicial College Guidelines can provide you with a clearer understanding of what you could receive for general damages. General damages are one of two potential heads of claim and relate to the physical and psychological effects of the injury caused by third-party negligence.
Please bear in mind that the figures below are the latest ones available (published in 2022) and are not guaranteed as every claim is different.
Injury Notes Guideline Compensation Amount
Moderate Hip/pelvis injuries (i) Significant hip or pelvic injuries. However, the risk of future damage wouldn’t be great and there would be no permanent disability. £26,590 to £39,170
Less severe arm injuries The injury could have caused significant disability initially but a good level of recovery would be possible or may already have taken place. £19,200 to £39,170
Moderate back injuries (ii) Disturbance of ligaments and muscles or acceleration of previous conditions by 5+ years. £12,510 to £27,760
Moderate neck injuries (ii) Wrenching and soft tissue and wrenching injuries, leading to disc lesions. Discomfort, stiffness discomfort and pain could feature, and these could affect the injured party permanently. £13,740 to £24,990
Serious shoulder injuries Shoulder dislocation from injury to the lower brachial plexus. A fractured humerus could result from this, as well as shoulder movement restriction and sensory-type symptoms. £12,770 to £19,200
Clavicle fracture Dependent on any residual disability as well as the level of severity of the initial injury. £5,150 to £12,240
The second potential head of claim is special damages which revolve around the losses that you’ve experienced financially due to the injury. Expenses you may be able to claim for include:
- Home adjustments
- Loss of earnings
- Travel costs
- Care costs
You would need to provide documentation proving the value of the financial losses. You can do this, for instance, by providing receipts, invoices and bank statements.
If you have queries about aspects of claiming, such as the third party insurance claim procedure, please contact us for free at a time that suits you. You can do so using the contact details above.
What Is Liability In A Personal Injury Claim?
Simply put, liability means responsibility. If you were injured in a public place because it was not kept safe for you to use, for example, the organisation in control such as a private business, the local council or whoever has responsibility for keeping that place safe, could be held liable.
If an employer hasn’t looked after your health and safety at work, they could be responsible for any injuries you sustain because of their negligence. In car accidents, this could mean the other driver is responsible for your injuries.
When someone is liable for your injuries, it would usually be their insurance provider that could pay your compensation. This may fall under employers’ liability insurance, public liability insurance or a vehicle insurance policy.
Liability is very important when it comes to personal injury claims. If your lawyer could prove that a third party is liable for your injuries, even if the third party is not admitting liability, you could still receive compensation for your injuries.
If you have contributed in some way towards the accident you’ve been injured in, you might have to accept some responsibility for it. However, if someone else could also be responsible in some manner, you may only have to accept a portion of responsibility and could still claim compensation.
Contributory negligence is the proportion of responsibility you have for the accident that has caused you injuries. One example of contributory negligence could be if you were injured in a car accident and weren’t wearing your seat belt. The lack of a seatbelt could mean that you suffered greater injuries than if you had been wearing one.
In such a case, the claimant may have to accept a percentage of the responsibility and their compensation may be reduced to reflect the proportion of responsibility they have.
When it comes to admitting fault in a car accident in the UK, you may find yourself in a number of situations:
- The third party is not admitting liability at all – in such cases, your lawyer would have to build a case including evidence such as an accident report, witness details, and perhaps even photographs of the scene. Combined, this would hopefully change the third party’s stance.
- The third party’s insurance company accepts a 50/50 claim – in cases where it cannot be proven whether one party or another was responsible and where there is no independent witness/report that conclusively proves liability, the other person’s insurance company may accept a 50/50 claim. This means that you would only receive half of the full amount of compensation you’d have received if you were not at fault at all. If you’re sure you’re not at fault for an accident and want to know how to fight a 50/50 insurance claim, a lawyer could help explain all your options.
- The third party is not admitting full liability – In some cases, the third party may accept split responsibility, but shoulder more of the responsibility than you. If you are partially responsible for an accident but the other party is more responsible, your claim could be settled at a lower rate than it would have been if you’d made no contribution to the accident. For example, the third party may accept that they were 75% to blame. In that case, you would receive 75% of the full level of compensation you’d receive if you weren’t at all at fault.
If you find yourself in any of these situations and need legal advice and support, our team is on hand to help. If they can see that you have a strong case, they can even connect you to our panel of expert personal injury lawyers who could tip the balance in your favour.
Call us on the number at the top of this page to find out more.
If a third party is not admitting liability at all for an accident that you’ve been injured in, it would be up to you to prove that the accident was their fault. This is where it could be very wise to seek advice from an experienced personal injury solicitor as to whether you have a case worth pursuing.
The solicitor could look at all the evidence available and advise you whether you could realistically have any chance of receiving a payout for your injuries. If they believe you could still be eligible for compensation, they could present the evidence to the third party and try to negotiate compensation for you.
If the 3rd party is still not admitting liability, and your case is getting close to the personal injury claims time limit that applies to your claim, your lawyer may issue your claim in the courts. This could give more time for them to negotiate compensation while ensuring your case didn’t become time-barred.
If the third party still did not admit liability and refused to settle, then your case may need to be heard in the civil courts. The court would listen to the evidence from both parties and make a decision on liability.
When making a claim for personal injury, third party liability can be contested which is one of the reasons that negotiations in a personal injury claim can sometimes take longer than you woud like. Both parties would provide evidence to prove who was liable for the accident.
Even if the other driver admitted some fault for the accident, they may not take full responsibility. In some cases, both parties may be partially responsible for the accident; this is known as split liability. In such cases, the compensation awarded would be affected accordingly. For example, if you accepted 40% responsibility, you would only receive 60% of the compensation amount.
This is why an independent medical assessment is performed. An impartial medical professional will assess your injuries, prognosis, the potential of long-term side effects and the likelihood that the accident caused the injuries. This medical report can be used as evidence. In most cases, evidence like this is used to come to an agreement regarding settlement meaning the case will not need to go to court.
Another important aspect to consider is if the third party claims that you were partially liable for the accident. This may mean that there was contributory negligence on your part. If there is evidence showing that this is the case, you may be offered a lower settlement amount than you were expecting.
After a settlement has been agreed upon, you should receive your compensation payout within 28 days. Remember that, if you’ve chosen to use a No Win No Fee solicitor, a portion of this will be taken to cover their legal fees.
Making a claim for compensation could be something you attempt to do without legal support. After all, it isn’t a legal requirement for you to have a solicitor. However, some claims could be complicated, especially if the third party is not admitting liability, and it may be a little daunting to think of going it alone.
Getting legal support from a personal injury solicitor could make the process less stressful. It could also ensure you don’t miss out on any of the compensation you could be eligible to claim.
What’s more, you could retain the services of a solicitor without paying upfront for legal fees, that is if you work with a No Win No Fee solicitor. No Win No Fee claims provide claimants in any financial situation with the opportunity to obtain legal support without having to pay anything out of their own pocket to get the process started. And you wouldn’t have to pay any legal fees until your claim had been completed and compensation paid out.
To start a claim under these terms, you’d need to sign a Conditional Fee Agreement with your chosen solicitor, which would confirm the success fee you’d pay them if your claim was successful. Once they had successfully negotiated compensation for you, this small, legally capped success fee would be taken out of your payout. The rest would go to you.
If no compensation payout was achieved, you wouldn’t pay your lawyer’s costs in pursuing your claim, nor would you pay the success fee.
If you’d like to make a No Win No Fee claim, why not get in touch with our team. We could connect you with a lawyer from our panel who works on this basis and who could fight for the compensation you deserve.
Are you ready to be connected with a solicitor to get your third party liability insurance claim started, or would you like to have your questions about the claims process answered?
Maybe you’d like us to assess your case to see if you could be eligible for compensation? Whatever you need, we’re ready and waiting to help you. All you need to do is get in touch.
- You could call the helpline on 0800 408 7825
- Or, you could complete the contact form on our website.
- Alternatively, why not use our Live messaging service to chat with the team.
Here are some other resources you may like to read:
- Do I Need To Use Accident Solicitors Near Me?
- Accidental Death Compensation Claims
- How To Get A Personal Injury Lawyer For Your Claim
- How To Claim Compensation For An Accident And Injury
- A Guide To Personal Injury Claims
- Public Road Accident Claims – Here, we look in detail at making claims for accidents caused by disrepair on public roads.
- Public Accident Claims – Details of public accident claims are covered in this general guide.
- Public Transport Claims – This guide offers insight into making public transport accident claims.
- How to claim compensation from a public school for a personal injury
- Toddler Accidents In A Public Place
- What to do if a dog bites you in a public place
- How to claim compensation for a gym accident
- Cycling Accident Claims Guide
- Claiming For Accidents In A Public Park
Guide by OE
Edited by II