Personal injury guide

What happens if the other side denies liability

A denial letter reads like the end of a claim. In practice it is usually an opening position, and the point at which evidence starts to matter.

Short answer

If the other side denies liability, it doesn't mean your claim is over. Insurers frequently deny liability as an initial position, particularly early on, and a denial is often the start of a negotiation rather than the end of the claim. We'll gather further evidence to challenge the denial and, if necessary, prepare to issue court proceedings.

In more detail

Why do insurers deny liability so often?

Denying liability, at least initially, costs an insurer nothing and can discourage claimants from pursuing a genuine claim. It's a common opening position rather than a final decision, and it's not unusual for a denial to be withdrawn once stronger evidence is presented.

What evidence helps overturn a denial?

Witness statements, CCTV or dashcam footage, accident reports, medical records linking your injury to the incident, and expert evidence where relevant, can all help demonstrate that the other party was responsible. The strength of this evidence is often what shifts an insurer's position.

What if the denial doesn't change?

If liability remains disputed after further evidence is presented, the claim can proceed to court, where a judge decides based on the evidence from both sides. Most claims still settle before reaching a final hearing, even after an initial denial.

Does a denial affect my time limit to claim?

No, the standard three year limitation period still applies regardless of whether liability is disputed. It's still important not to delay while a denial is being challenged.

Common questions

Frequently asked questions

Can an insurer keep denying liability indefinitely?

No, if a claim proceeds to court, a judge will make a binding decision on liability based on the evidence.

Does a denial mean I don't have a case?

Not necessarily. Many successful claims involved an initial denial that was later overturned once fuller evidence was presented.

Will I have to give evidence in person if liability is disputed?

Only if the case proceeds to a final court hearing, which is relatively rare, as most disputes settle beforehand through negotiation.

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