Insurance Company Have Denied Liability What To Do Next?
By Marianne Herondale. Last Updated 1st April 2022. Welcome to our guide on what to do after an insurance company has denied liability. Have you tried to claim compensation for a road accident or accident at work or another type of personal injury? If you have, and the insurance company have denied liability, you may feel that this is the end of the road as far as your personal injury claim is concerned. However, in some cases, utilising the services of a personal injury lawyer could help you claim compensation, even if there has been denied liability by the insurance company concerned.
If liability is denied yet you feel this is unfair, it might be worth looking into getting legal representation. Using an experienced personal injury solicitor who has worked on claims where an accident claim has been denied previously could mean that they have the capabilities to put forward a stronger case than you would be able to do alone. Within the guide below, we will look at the reasons why liability is denied, when you could make a further argument and how you could proceed with further action if you have a personal injury claim denied. We’ll also introduce our services to you and explain how we could help with No Win No Fee personal injury claims.
Should you have queries after reading this guide or want us to assess whether we could help you, all you need to do is call 0800 073 8804. However, below we have answered many common questions about when an insurance company has denied liability. So, you may find the answer by reading the specific sections within the guide that relates to your situation.
Select A Section
- A Guide On What You Could Do If An Insurance Company Have Denied Liability
- What Happens To A Claim If The Insurance Company Have Denied Liability?
- Why May An Insurance Company Reject Your Injury Claim?
- What Could I Do If My Claim Has Been Rejected?
- How An Expert Solicitor Could Help You
- Denied Liability Personal Injury Claims Calculator
- No Win No Fee Denied Liability Claims
- Start A Compensation Claim With Our Team
An insurance company denied my claim – what now? This could be considered a common question when it comes to road accidents or workplace accident claims. While many people make successful accident claims every year, there could be cases where another insurance company denies a claim, and if they do, you may not know where to turn.
This guide aims to explain why an insurance company may have denied claims and what you could do about it if you have. We’ll also explain more about engaging the services of a legal professional to help you, how we could help you, and how much compensation you may be looking to receive if you have a successful conclusion to a denial of a fault claim. We hope you find the information contained here useful.
You may not know what to do when a car insurance company denies a claim or when an employer rejects liability for your workplace accident. If this has happened to you, you may assume that would be the end of the matter, but it doesn’t have to be the case. The personal injury claims time limit is usually three years from a workplace or road accident date, although there could be some exceptions to this. If you feel that your case might be worth fighting for, then you may wish to instruct a solicitor within this period to help make a legal claim on your behalf.
Suppose the insurance company have denied liability, and you feel that this could be a fair decision for them to make. In that case, you may choose to walk away from the claim. Still, it would be wise to get the reason that they denied liability in writing, as you may, upon reading their reasoning, be able to dispute their reasons for denial of liability. A personal injury lawyer might be able to help you with this.
Why would an insurance claim be denied? There could be a variety of reasons that an insurance company have denied liability. Examples could include:
There was no concrete proof that the other party was at fault – While in some car accidents, it could be clear who is to blame, in other cases, particularly where there may be no other witnesses and no CCTV, it may be more difficult to prove liability. If you’d like to know what to do if someone denies hitting your car, but you are sure that they did, then you might wish to read the section below.
You gave the wrong information – If you gave incorrect details of how you were hurt and this was discovered, there may be a denial of liability.
You did not answer all questions asked of you fully and honestly – For example, you may not have disclosed a pre-existing medical problem or didn’t mention a criminal conviction. And so this could explain why an insurance company has denied liability.
To find out more about why an insurance company could be denying liability for a car accident, for example, get in touch today.
What can you do if your insurance claim is denied? Well, depending on your circumstances, there may be a variety of actions you could take.
If there is a denial of responsibility for an accident, then you may wish to ask for the reasons for the denied liability to be put in writing to you. This way, you and your personal injury solicitor would know what you are arguing against and could put together a counter-argument to strengthen your claim. And this could consequently influence the amount of compensation that you may receive.
If there is a suggestion that you might be partially at fault for an accident and an insurance company accepts liability but not completely, you may be able to claim compensation still but may have the amount reduced to reflect your involvement if you were partially at fault.
If you are claiming against an insurance company and have denied liability, you may wish to check your policy. It could be wise to ensure that all the details you gave the company initially were correct and no information was missing. It could serve you well if you could highlight the exact wording of the policy that relates to your claim. If the wording of your policy is a little unclear or ambiguous, then you may wish to note this down.
After all, the rules are that if you took a reasonable amount of care to ensure that you answered questions that were asked of you honestly, then they cannot reject claims made to them where this was the case. If you were not specifically asked for certain information they are now saying should have been disclosed, it might help to note this down.
There are different ways you might wish to take further action if an insurance company has denied liability. For example, you could instruct the services of a personal injury solicitor that has experience with claims where a third party is denying involvement in an accident. Other avenues you could take that may help you to win your claim could include:
- Making a complaint to the insurance company by telephone
- Putting a complaint in writing to the insurance company
- Receiving an independent assessment
- Getting in touch with the ombudsman
You are well within your rights to choose any of the above options, but it could be a good idea to call us to see if we could provide situation-specific advice to you first. Having a work injury claim denied could be vastly different from having a road accident claim denied. We could provide information and support with both types of denial of responsibility for an accident, whereas you might have to make a few calls to work out who to complain to if you chose to go it alone, meaning it could be more work for you. But if you work with a solicitor, you have a better chance of successfully claiming personal injury compensation.
Claiming for injury compensation when liability is in dispute could be quite a complex process. As we have mentioned, if an insurance company have denied liability and you are wondering what to do next, you might be wondering whether it is all too much work to continue with a claim. If an insurance company are not accepting fault, but you truly believe they have a case to answer, then an expert solicitor could assist with taking your claim further without you having to deal with arguing your case for yourself.
A solicitor with denial of fault case experience could know the ins and outs of insurance policies better than someone with less experience in dealing with such matters. They might have experienced a denial of liability that has been similar to yours and been able to draw on the experience of the arguments used in that case to apply the same arguments to your case. But either way, this can educate you on how to react if an insurance company has denied liability.
If you would like to talk to someone about hiring an expert solicitor to help you when an insurance company has denied liability, why not speak to one of our advisors? They could connect you with one of our experienced lawyers.
When it comes to injury claims, you may be wondering how much compensation you could receive. We have provided an alternative option to the standard personal injury claims calculator that you could find on other sites. Within the table below are guideline payouts from the Judicial College for personal injuries. These could serve as rough estimates for certain injuries, although your claim could not be fully valued until you’d had a medical assessment with an independent medic. These figures will help you as you discover how to claim compensation.
|Ear - Loss of Hearing||£29,380 to £42,730||Loss of hearing in just one ear. The higher end of this bracket could include dizziness, tinnitus, headaches, etc.|
|Lung disease - (E)||£19,510 to £29,380||Bronchitis/wheezing but with no serious symptoms. Little to no effect on work or social life.|
|Neck injuries - Moderate (iii)||£7,410 to £12,900||Moderate – Where a pre-existing condition may have been exacerbated, or there may be more vulnerability to any trauma further down the line.|
|Shoulder injuries - Serious||£11,980 to £18,020||Serious – Where there is a dislocation, and damage is caused to the brachial plexus. Rotator cuff injury could also be present.|
|Arm injuries - Severe||£90,250 to £122,860||Injuries that leave the victim in a position that is not much better than if the arm was completely lost. Serious brachial plexus injuries could be considered here.|
|Leg injuries - Moderate||£26,050 to £36,790||Moderate Severe crush injuries or complicated or multiple fractures where there is instability within the knee, scarring and no full recovery.|
|Achilles Tendon injuries - Minor||£6,820 to £11,820||A turn of the ankle that results in tendon damage.|
|Facial Bones - Multiple Fractures||£13,970 to £22,470||There will be some permanent facial deformity.|
|Asthma - (A)||£40,410 to £61,710||The asthma is permanent and severe, causing impairment of physical activities, regular coughing and sleep disturbance.|
The figures below are based on what you could receive for the pain and suffering caused by the accident. This is known as general damages. You could also potentially claim special damages as part of your claim, which aims to compensate you for specific financial losses relating to your accident or injuries.
Examples of costs you could claim back in special damages:
- Travel expenses
- Medical costs
- Adaptions to the home
- Property damage
- Loss of earnings
To prove these costs, you could provide receipts, bank statements, and invoices.
If you’re considering claiming with a lawyer when an insurance company have denied liability, you may be wondering whether you would have to pay a lawyer before your claim is taken on. With No Win No Fee denied liability claims, this need not be the case. If we feel that you have a valid claim, we would offer to provide you with one of our No Win No Fee solicitors, who could then issue you with a document called a Conditional Fee Agreement, which sets out the conditions under which your solicitor would be paid. In No Win No Fee claims, your lawyer would usually be paid a percentage of your total settlement amount if they secured you a compensation payout. If they did not manage to secure you anything but have a valid claim, you wouldn’t have to pay them a success fee.
In some cases, your chosen solicitor may ask you to consider taking out insurance against an unsuccessful denied liability claim. Still, they would explain all about this when you speak with them initially.
If you wish to ask us any questions about making No Win No Fee claims when an insurance company have denied liability previously, please don’t hesitate to call the helpline, and we’ll be able to talk it over with you. Whatever the circumstances, don’t fret if an insurance company has denied liability.
It could not be easier to begin a claim with our team. All you would have to do is get in touch with us, and we will go through your circumstances and let you know whether we feel that one of our personal injury solicitors could take your case forward. If we feel that they could, we could offer to connect you with them quickly. Consequently, they could begin working on your case as soon as possible.
If we assess your claim and we do not think it would bring you compensation, then we would be honest, and we would tell you the reasons why we feel this is the case. You are not under any obligation to take our advice or use our services. But we can provide free legal advice and provide you with a solicitor if you would like us to. There are a variety of ways of getting in touch with us, and these include:
Our telephone helpline – 0800 073 8804
However you choose to get in touch, we will help you in any way we can.
Guidance Specific To Work Accident Claims – Our guide covering work accident injuries could be found on this page.
The Guidance Specific To Car Accident Claims – You could look at our guide to road accident injury claims by clicking here.
Guidance Specific To Whiplash Accident Claims – A common injury, this guide covers all you may need to know when pursuing whiplash claims.
HSE Accident At Work Statistics – You can find out more about work accident statistics here.
GOV Road Accident Statistics – The government’s report on 2018 road accidents.
MIB – Covering uninsured and untraceable road accident victims. A personal injury lawyer could help you with claims of this type too.
Insurance Company Has Denied Liability FAQs
What happens if a company denies liability?
This is where the organisation refuses to accept that anybody other than the claimant was responsible for the accident.
And what does this mean?
This means that the insurance company is not planning to pay out for the injuries.
Is it common for an insurance company to deny liability?
If there is insufficient evidence, then it is more likely for the company to reject liability.
What happens if I turn down a settlement offer?
If this happens, you can’t suddenly decide to accept the same offer later on.
What happens if the other party does not accept liability?
In this case, the company will look to avoid paying compensation. However, this doesn’t mean that they won’t end up paying this amount.
Do I have to pay my deductible if I’m not at fault?
No, but you may wish to pay it to smoothen the process of claiming damages.
Will my rates go up if I am not at fault?
Your rates can increase, at least for several years.
Should I contact my insurance company if I am not at fault?
Yes, you should still speak to your insurance company even if the accident occurs because of somebody else’s negligence.
How long does an insurance company have to investigate a claim in the UK?
Once the insurance company has acknowledged your claim, they have 3 months to investigate and reply, according to the pre-action protocols.
If the defendant denies liability then they’ll need to supply evidence in support of that stance, which is where there may be pre-action disclosure. If the defendant fails to respond then the claimant could issue court proceedings.
Thank you for reading our guide about when an insurance company has denied liability.
Written By Jo
Edited By Melissa.