Third Party Not Admitting Liability – Here’s What To Do

By Cat Mulligan. Last Updated 12th October 2023. In some instances, if you’ve been injured in a public place or suffered injuries in a road accident and are trying to make a claim, the responsible third party may not always admit liability. For example, when the other driver won’t admit fault.

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.

Third party not admitting liablity guide

Third party not admitting liability guide

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 contact our team at any time. To get started:

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A Guide On Claiming Damages When A Third Party Is Not Admitting Liability

In order to make any kind of personal injury claim, you have to be able to prove that:

  • You were owed a duty of care 
  • This duty was breached
  • As a result, you were injured 

When someone else owes you a duty of care, this means that they are legally responsible for your health and safety. Who could owe you a duty of care and what this could entail can change depending on the situation.

For example, all road users owe one another a duty of care. This means that they have to navigate the roads in a way that prevents the risk of harm to themselves and others, and they must comply with the Road Traffic Act 1988 as well as the rules set out in the Highway Code. If they fail to do this, and you are injured as a result, then you may be able to make a personal injury claim. 

Similarly, if you are in a public place, the controller of the space owes you a duty of care. This means that under the Occupiers’ Liability Act 1957, they must take steps to ensure you are reasonably safe while visiting. If they fail to do so, and this results in you suffering an injury, then you may be able to make a claim. 

However, if the controller of the space or the other driver is not admitting liability for the accident, you might not know if you can claim. We’ll address whether or not you could claim if the other party does not admit liability later on in this article, or you can contact our team of friendly advisors today for more information.

What Does Third Party Mean?

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.

What Is My Third Party Personal Injury Claim Worth?

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 and Severity Guideline Compensation Amount
Moderate Hip/pelvis injuries (i) £26,590 to £39,170
Less severe arm injuries £19,200 to £39,170
Moderate back injuries (ii) £12,510 to £27,760
Moderate neck injuries (ii) £13,740 to £24,990
Serious shoulder injuries £12,770 to £19,200
Clavicle fracture £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.

How Does Contributory Negligence Relate To Liability In An Accident?

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.

Claiming Compensation When The Other Driver Is Not Admitting Fault

When it comes to admitting fault in a car accident in the UK, you may find yourself in a number of situations:

  1. 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.
  2. 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.
  3. 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.

What If Liability Is Denied By The Other Party?

In claims where the other driver won’t admit fault or an insurance company will not accept liability, then the claim could potentially end up in court.

Your legal representatives and the defendant’s insurance will approach negotiating the claim with a view of how likely it is that a court will rule in yours or their favour.

The more evidence you can provide of the other driver’s fault, the more likely the defendant’s insurance company accepts liability and settles.  A refusal to settle could see them potentially lose the claim in court and have to pay additional court fees.

This makes evidence one of the most important parts of claim. If you are in a situation where the other driver won’t admit fault, please reach out to a road traffic solicitor to see how they could help you with arguing fault or collecting evidence for you to use.

To see if you could speak to a solicitor, or for information about how we have handled previous cases of the other driver not admitting fault in the UK, please speak with one of our advisers.

What Happens In A Claim After An Insurance Company Accepts 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.

No Win No Fee Third Party Injury Claims

Now that you know more about claiming if the other party or other driver is not admitting liability, you might be wondering how a solicitor could help. Our panel of solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Under this kind of contract, you won’t be expected to pay any upfront or ongoing fees to your solicitor for their work. Similarly, if your claim fails, your solicitor won’t charge you for their work on your case.

However, if your third party injury claim succeeds, then your solicitor will take a success fee. This fee is taken directly from your compensation as a small, legally-capped percentage. This legal cap helps to ensure that the larger share of what you receive stays with you.

Our advisors are here to help. If you’ve been in an accident and the other party or other driver is not admitting liability, get in touch with our team today for a free consultation. An advisor from our team could help you establish whether you have a valid claim, and can answer any questions you might have about the personal injury claims process.

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Quick References

Here are some other resources you may like to read:

If you still have any questions about making a claim against a third party that’s not admitting liability, please contact our advisors today. You can reach the Public Interest Lawyers team online or on the phone by using the contact details featured on this page.