Can I Claim Compensation for an RTA if the Other Side Denies Liability?

We specialise in helping victims of injury claim the compensation they may be entitled to.

Can I Claim Compensation for an RTA if the Other Side Denies Liability?

It is rare that personal injury claims ever flow completely smoothly, with the other party accepting liability and immediately offering a fair amount of compensation. The responsible person’s insurance company pays the damages. It is in their interest to pay as little as possible. Even in road traffic accidents where blame appears obvious, the other party may still deny liability. What happens then?  Can you still claim compensation?

What Happens in Denial of Liability?

Imagine you were legally waiting at a junction for a safe opportunity to pull into moving traffic when you are struck from behind by a vehicle that did not see you in time to stop. For you, the responsibility clearly lies with the other driver, but they refuse to acknowledge they are at fault and pay you compensation for your injury and damage to your car.

Some motor insurance policies instruct policyholders not to accept responsibility at the scene of an accident, which some drivers interpret as denying liability. Another reason someone may deny liability is if you do not have the evidence to prove it. Both of you know what happened, but unless you have physical evidence in the form of witness statements, photos, and a police report, then you can’t prove it was the case, and they do not have to pay. This situation is why it is crucial to have a skilled personal injury lawyer who will include proof of evidence with their letter of claim and show the defendant there is no point denying responsibility.

Can I Still Claim?

You may still make a claim even if another party denies liability The first step is to provide all the necessary documentation to support your claim. If this has been done and the other party still refuses to accept responsibility, then your lawyer will recommend you submit your claim to court where the evidence will be assessed by a judge and a legally binding ruling made.

Going to trial is expensive, so it is very likely the defendant will offer an out-of-court settlement in advance of the court date. This can be done without admission of liability – in other words, they pay you and appropriate compensation while still refusing to admit they were responsible. You will need to decide whether you are happy with this, or if you want to pursue an admission of guilt from them as well. Talk to your lawyer before deciding as you might invalidate a clause in a conditional agreement (No Win No fee) if you do not accept a reasonable offer of compensation.

The best way to find out if you can claim is to talk to The Compensation Experts today. Our advisors can talk to you about your accident and injury, and give you an indication of whether you have sufficient grounds (i.e.: proof of injury and responsibility) for your claim to be successful.

In our experience, the sooner you begin your claim, the higher your chances may be for receiving payment for damages as evidence is more readily available. We provide a free, no-obligation consultation, and will even call you back at a time of your choice. You have nothing to lose by contacting us, so do it today and see how much compensation you could receive.

    Start by speaking to our expert team now and find out how much your claim could be worth...

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    Am I eligible?

    If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.

    Exceptions to this are for instance industrial disease or if you were a child at the time of the accident. In these cases you may have a longer period to claim.

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    How much could I claim?

    As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.

    Our dedicated team of experts will give you an indication of how much you could potentially claim for.

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    How does the process work?

    We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.

    Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.

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