How to win injury compensation claims when liability is in dispute

By Ian Morris | Updated July 20th, 2022

180 questions have been answered on this subject, why not ask your own?

One of the key elements of being entitled to compensation is having a liable person, party or organisation to make a claim against. For the majority of personal injury claims it is usually easy enough to see who is liable, and if you’re not at fault a no win no fee solicitor will likely take on your case. However, a denial of liability is not uncommon, even in what can appear to be a straight forward case. The good news is you can still often claim personal injury compensation if liability is in dispute.

What happens to an injury claim when liability is denied

When liability is denied, an acting Solicitor will discuss the denial with the claimant and investigate what response can be made (if any) to force the denial to be withdrawn and replaced with an admission of liability.

One of three things will happen:

The claimant Solicitor will review the denials and consider them to be so strong that they close the claim. Whilst this would be disappointing, you should bear in mind that you will not have to pay any costs for your claim as it will have been managed on a no win no fee basis. You also have the option of finding another solicitor for a second opinion.
They may take the view both parties share some blame and proceed with the claim under what’s known as split liability.
Otherwise, they will consider the denials weak and without legal standing, and ultimately may seek a barrister’s opinion to pursue the claim further and bring the decision on liability to a Judge in court.

How split liability affects your claim

In some cases, a claimant may find that they will have to accept a percentage of the responsibility for an accident. This is called split liability or contributory negligence. In this situation you can still receive compensation but it will be lower than if the defendant was 100% liable.

For example, when asking if you have a valid slipping accident claim your condition at the time is relevant. The 3rd party responsible for where you slipped may admit the floor was dangerous and wet with no signs erected, and therefore to an element of liability. However, if they can prove you were drunk at the time they can argue this contributed to the slip. In such a case, the claimant may have to accept that they are 25% or 50% responsible for the accident and as such, accept a reduction in compensation to reflect this.

Taking your claim to court

Neither side would wish to go to court if they didn’t feel that they were likely to win. Going to court is unlikely in most personal injury claims, but you should always be aware that it is a possibility.

It is frustrating when a defendant does not admit liability when there is compelling evidence to support a claim, and in the long run may indeed cost them more than simply working on a fair settlement for your claim. However, the courts system is here for such situations and if you have a strong claim a Judge will likely find in your favour.

If you are of the view that statements issued by the defendants are misleading and factually incorrect, you need to attend the court and provide responses to every incorrect element of their statements to the Judge sitting on the case. If you can provide factually correct responses in a manner that the Judge is minded to accept, you could well succeed with your claim. If you can provide evidence to substantiate your version of events you will succeed!

Proving liability for your injuries

Whether you go to court or not, to maximise and win any settlement you will need to prove the 3rd party is liable for your accident and injuries. This can only be done with evidence that the accident took place, of what caused it, and how you were impacted. Accident reports, witness statements and medical reports can all be used to provide evidence.

Liability for accidents at work

Employers will often deny liability if they believe they have fulfilled their legal responsibilities to provide a safe environment and given you the relevant training, guidance and risk assessments to work safely. To prove otherwise, the injured employee must be able to demonstrate that the employer was liable and exposed the staff to risk of injury, rather than it being their own fault. For example:

Did your employer give you the correct training?
Were you given an induction to the workplace?
Were you provided with personal safety and protective equipment (PPE) to complete your job safely?
Did your employer adequately maintain equipment and service machines?
Were you advised how to report accidents and how to access the accident book?
Did your employer ensure correct staffing levels and an adequate amount of first aid trained staff?
Did your employer act upon reports of potential risks of danger to employees?

Liability for road traffic accidents

Even if your vehicle was written off, it’s not guaranteed you’ll be eligible to claim injury compensation. As well as evidence of the damage to your car, you would need medical evidence of your injuries from a Hospital or GP for your Solicitor to be able to force an admission on the personal injury claim too.

In cases of car accident claims where one car crashes in to the rear of another stationary vehicle, it is usually easy to apportion blame and therefore workout who will be the liable party. However, it’s important to note that admitting liability for a car or other road accident does not mean admitting liability for any injuries. The defendant’s solicitors may not be denying there was an accident or that it was caused by their driver, but they may be arguing the force of the collision was not consistent with sustaining personal injury.

Low impact collisions

Unfortunately, insurers have started fighting claims where the speed of collision or force of impact is low – even if they admit to liability for the accident and vehicle damage. There is evidence to support both sides in this scenario – evidence shows that whiplash and typical injuries associated with road traffic accidents can occur at very low speed, but counter evidence states that such injuries cannot be sustained at lower speeds. As such, insurers are using so called ‘low impact collision’ as a defence.

Untraced or uninsured drivers

In the UK, victims of untraced drivers (hit and run incidents) can still pursue a claim for compensation via the Motor Insurers Bureau (MIB) scheme. The criteria to make such a claim requires the claimant to report the incident to the Police at the earliest opportunity, obtain a crime reference number and seek medical attention for any injuries sustained.

Passenger claims

As a passenger injured in a car accident, it does not matter which party is liable or whether both parties are held partially liable, you can make a claim for personal injury compensation providing you have medical evidence of your injuries.

Liability in claims against a local council

Local authorities and landowners rely on area inspections when it comes to identifying potential hazards that need attention. The courts have essentially stated that if a local authority inspects an area every 6 months and finds no hazard, and if there have been no reports from the public of hazards in between inspections, they will not be liable for any accidents that may happen.

Therefore, the only option available is to attempt to prove that the council is liable because the inspection was inadequate or that they have not acted on reports from the public of any hazard in the area. One good way to do this is to look at the accident site on Google Streetview and then backdate the view to a previous year. If the hazard is visible in an image dated BEFORE the council’s previous inspection it proves they missed it and a claim can proceed.

The reality is that it is becoming harder and harder to successfully pursue slip, trip or fall claims against local authorities and highways agencies. The courts tend to lean towards defendants in such claims and if there is any scope to deny liability, no matter how tenuous, local councils will do so. As such, it is vitally important to ensure that whoever is representing you in your claim is a specialist Solicitor with a proven track record of success in public liability compensation.

To maximise your chances of success you will need witness statements or have a recording or CCTV footage of the incident to get admission that the accident happened. What you will then need to do is demonstrate that the incident is consistent with the nature of the injury you are claiming for – which should be possible by way of provision of your medical records. Then if it can also be proved the council failed in their required inspection duties and are therefore liable for your accident, your claim should be successful.

How we can help

The fact that a third party or local authority have denied liability should not in and of itself make you give up and leave a claim. Our Solicitors would be happy to discuss this matter with you and can advise as to whether or not they can take this matter further.

If you have any questions about liability or whether or not your accident scenario warrants a claim, please call our team on 01225 430285, or if you prefer, we can call you back. We know your rights and can help you to understand them. We’ve successfully helped many clients claim compensation for their injuries and we’d love to help you, too.

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Questions

Read on for questions and advice about claiming...

About 4 weeks ago I had a accident at work where I fell off a ladder when I was repairing a damaged bus shelter. The injuries I received were 3 broken ribs, ligament damage to my left shoulder, stitches in the back of my head. Because I don’t really know what caused me to fall I have been in touch with a couple of no win no fee solicitors who told I could not claim as there is nobody really to claim from. If this is the case then I can stop trying to pursue a claim, thank you.

Did your employer provide you with training for safe ladder use and working at height safely? If not, or if any of the equipment you were provided with was substandard or inadequate, you can pursue a claim against them.

We would certainly be happy to look further in to your situation and potential claim. Please use the form on our website to make further enquiries and we’ll then be able to ascertain whether there is any possibility of pursuing a claim for personal injury compensation and recovery of lost income caused by your accident at work.

What happens if a claim is rejected?

If a defendant denies liability when a claim is submitted, a Solicitor will discuss the rejection/denial with the claimant and then review the denial provided and evidence available to determine the correct way forward. If the denial is robust and the Solicitor feels that there is insufficient evidence to be able to force the defendant to take a different view, they will advise the claimant that the matter will not succeed and they will close their file and that is really the end of it. Although such an outcome would clearly disappoint the claimant, the No Win No Fee system at least protects the claimant from facing any financial consequence for attempting their claim

However, if a Solicitor feels that the denial is baseless and that evidence is available to support the claimant, they will revert to the defendant with further arguments and may opt to put the matter before a court to allow an independent Judge to decide on the claim.

I had a serious accident at work in 2012 but the insurance company defined it because the line manager did not inform the insurance company that an accident had taken place I had a number of serious injuries broken pelvis broken humerus radial nerve damage etc.., and have been left badly affected can anything be done about it

Unfortunately, the fact that 3 years have passed since the accident leaves you statute barred and unable to take action in a claim for personal injury compensation.

I fell over a sunken drain cover and broke my ankle. The defendant put forward a 50/50 libility resolution verbally but wanted confirmation of my injuries by an expert. This took 18 months as a second expert had to be consulted with an MRI and CT scan.

Now the defendant’s insurers are not communicating with my insurers to resolve the claim on the 50/50 liability basis. They never put this forward in writing.

My insurers will only proceed to court on the 50/50 liability claim basis, as they consider the case has a 50/50 chance of success and for the claim to proceed finanacilly supported I need the possiblity of success to be 51%.

I only have a month left before the expiry period of 3 years to bring my case to court.

What should I expect my insurers to be doing?

Have you asked your insurers if they will be issuing proceedings to compel the defendants to engage in the process?

Hi, 2 years ago I had was driving under a train bridge and something fell on my car from the bridge. There was damage to the sunroof of the car causing an insurance claim and I suffer from ptsd, anxiety and depression as a result. My son was in the car at the same time ( then aged 12). I have sought legal help and compensation but because the train company deny liability the solicitors have closed the case. Currently that same bridge is being demolished due to being in disrepair since September 2020. The incident occurred December 2020. I need a lifeline to say that someone will help me!

The fact that the bridge in question is to be demolished is irrelevant in terms of the claim and whether or not negligence can be attributed to the owners of the bridge. As your Solicitor has closed the claim on the basis of a denial of liability, the denial must be robust and in the eyes of your Solicitor a denial that is unlikely to be overturned by a Judge should the matter be taken to court – hence their closure of the matter.

Unfortunately, it is unlikely to be possible to pursue this further as a result of the denial issued.

I sprained my left hand,and applied some deepheat spray. And within 6 hours my hand started blistering ,and swelling. I went to hospital, and told it’s 2nd degree burns.i filled out deepheats adverse reaction form.with photos,doctors. therapists, nerve conduction tests. surgeon. My hand is now in a clawed hand,painful still.and am still looking for treatment, to ease the pain,as hand can not be rectified. And I have just been told from deepheat ,that this case is closed, as they think it’s a trapped nerve. What do you think.Rod

It is highly unlikely that you would be able to pursue a claim against the manufacturers, certainly finding a Solicitor willing to do so on a No Win No Fee basis will be difficult.

The manufacturers will point to the numerous scientific studies that their product will have gone through prior to being made available for sale and their products also contain some warnings regarding potential side effects or allergy risks.

The insurance company has denied liability on a personal injury claim due to the fact I had a disciplinary for gross negligence. I didn’t accept this or sign anything.

Is this common in personal injury claims and what happens next?

Was the gross negligence issue related to the accident in which you were injured? If so, it could be that they are stating that you caused the injury through your own misadventure/negligence?

Hi I had a slip and fall in b&Q in June 2022 we’re the celling was leaking and there was no wet floor sign or bucket under the leak so I slipped and fell and got injured on on my knee and my back slipped disc and they are Denying there at fault I have four witnesses at the time even a lady that works in B&Q but still Denied.

If you have been liaising with B&Q and their insurers without specialist legal representation, we strongly advise that you contact us in order that we can have one of our specialist Solicitors act for you. At face value, it would seem that you have a valid claim and that the store in question failed in their duty of care to provide a safe environment for customers by not erecting any hazard warning sign or barrier around the wet floor.

I have made a claim but I was denied – they said I should have been watching where I was going. And now I am waiting for the solicitors to review my comments and the witness comments.

Hopefully the weight of the statements of your witnesses along with your comments and some good handling by the Solicitor should see the initial denial overturned.

Hi, I had a work accident where I was delivering a pallet of copy paper weighing 600kg to a private house as this was a business run from a home. I was pulling the pallet of paper up the driveway when it got stuck. I tried to pull it, but I lost my footing in a gully at the face of the garage. My right leg slipped from under me causing my left leg to smash against the handle of the pallet truck, smashing my ankle and fracturing my tibia and femur.

I was taken to hospital where I had a 5 hour operation and spent a week in hospital. To date (6 months later) I am still attending the fracture clinic and physiotherapy.

I have been told I may have a problem getting someone to admit liability.

Can you please advise?

The weight of the paper that you were delivering was considerable and it could be argued that your employer should have sent a 2nd person with you to assist with the delivery. This incident also begs the question as to whether the employer had correctly risk assessed the delivery site and made appropriate checks with the customer regarding access and whether or not the pallet could safely be manoeuvred in to position.

It is unlikely that the company to whom you were delivering would have any liability and it is therefore more realistic to consider a claim against your employers.

If the Police decide not to summons a bus driver who when driving his bus hit me thus caused me to fall and I ended up with a fractured right leg(Fractured tibia) will this have any impact if at all on an injury compensation claim?

Police action and subsequent CPS decisions on prosecuting individuals has no bearing on a claim for personal injury compensation.

I was in an accident at work, the employer didn’t provide me with risk assessment before work, or with their own education program on health and safety, after the accident i didn’t receive or been offered first aid, they treated me without respect at all.. Accident happened while i was getting out of the truck because i was heavily influenced by strong chemical odor inside the truck what i reported to the person who works there, i felt nausea and i tried to exit the vehicle and i lost my balance and fell and broke my elbow and injured my knees. No help was offered to me at site even though i explained my injuries to one of the employer present who was by my guess in charge. It was my first day at work and i didnt have enough informations to know most important things about the site. It is clear from my own experience that the fault for the accident is not completely mine, but I would like advice do i have any chance to claim any compensation for that injury due to the all circumstances? Thank you

We would like to help you further investigate the possibility of pursuing a claim for compensation against your employers for negligence. It would be helpful if you could email us at justice@direct2compensation.co.uk to provide further information about the incident and what happened.

Please let us know your contact details, the date of the accident and location, what work you were doing and why there was a chemical odour in the cab of the truck.

My grandson came off his bike after going down a manhole with no lid. They had been stolen and sold for scrap. The wheel went in the hole and he was thrown over the handlebars landing on his arm. He spent a week in hospital, had an appalling injury to his elbow and had a plate put in his arm. It was dark and there were no witnesses. The Council have now denied liability, what’s the next step?

Do you know how long before the accident happened that the drain covers were stolen? Clearly, if the theft had only happened in the previous 24-48 hours, it is unlikely that the courts would find the authorities liable as they would argue that they had either not yet been made aware of the theft or had an opportunity to replace the missing covers. However, if the covers had been missing for days or weeks, there is potential to succeed with a cycling accident claim.

Have Solicitors been acting on this claim for your Grandson?

Had a RTA back in February. Another car went in to the side of my car at a roundabout at speed. The other driver stopped, got out, saw me holding my neck then stumbled in to his car, (I suspect he had been drinking) and drove off. He went straight into the back of another car as he fled, and drove off. I managed to get his registration plate and gave it to the police. I have suffered all the symptoms of whiplash, and now just having moderate pain. The other party are denying responsibility, and I feel like I have suffered all pain and cost for someone else’s reckless driving. The police have said that they had made an arrest on the evening of the RTA, and they will have to interview the person. The police have a statement from me, and have said that my statement is vital to their investigation. There were a few witnesses at the scene, whom gave their details, and CCTV from a house opposite.
Would a solicitor be able to defend me for compensation, my excess and no claims discount returned?
The police won’t tell anything else, and my insurance company have said that the third party are denying responsibility.

Sadly, there is very little you can do about the way the incident has impacted your insurance. However, we can – if you haven’t already done so – help you to pursue a claim for compensation for the pain and discomfort that the injuries you sustained have had on you and also for any uninsured losses (loss of income, incurred costs etc) via a No Win No Fee claim for compensation.

I tripped when crossing the road catching my foot in a pot hole and as a result had a nasty gash in my leg which needed a lot of stitches. The council are disputing liability what will happen now, I have photos of the injury and the pot holes

If you don’t have a Solicitor acting for you, we can potentially have a Solicitor step in to represent you on a No Win No Fee basis and seek to find the council liable. If you would like further help, please email photographs of the pothole to us at justice@direct2compensation.co.uk and we can then advise you further.

I had a whiplash injury in a car accident, but both party’s are denning at fault, looks like both parties decided to repair they own cars at they own cost, can you please advise me how do I make a claim for whiplash and who from?

Were you driving a vehicle or were you a passenger in one of the cars involved in the accident? If you have the details of the vehicles involved (registration numbers) and the accident happened within the last 3 years, we can help you to pursue a claim for the whiplash injury you have sustained.

Thanks for your time Mr Morris. I was a passenger in my daughters car sitting behind the driver on the back seat when accident happened

As a passenger injured in a car accident, it does not matter which party is liable or whether both parties are held partially liable, you can make a claim for personal injury compensation. We would be more than happy to help you make a No Win No Fee claim for compensation. Please call us on 01225430285 or email us for further help.

My car was hit from behind at a roundabout I was stationary – the damage was over£1000. I sought gp advice day after for aching neck, they diagnosed whiplash, I proceeded to contact solicitor and they suggested physiotherapist. I had 7 sessions before being discharged. The other party are disputing liability on the grounds of low velocity impact. Solicitor said it could go to court. Is this acceptable?

Unfortunately, insurers have started fighting claims for personal injury compensation as a result of a road traffic accident where the speed of collision or force of impact is low – even if they admit to liability for the accident and vehicle damage. There is evidence to support both sides in this scenario – evidence shows that whiplash and similarly typical injuries associated with road traffic accidents can occur at very low speed and counter evidence states that such injuries cannot be sustained at lower speeds. As such, insurers are playing hardball with claimants.

If your Solicitor is willing to pursue the matter to court, you should go with that and it would indicate that your Solicitor is of the view that the insurers defence is not robust.

I have been involved in a claim coming up to three years now we still have not reached any settlement, about two years ago I did receive a 50/50 liability which the solicitor was adamant I decline, so I did. Now 2 years later the same solicitors are telling me to accept the 50/50 liability!
I will be accepting the 50/50 liability however have been made to wait for no reason and feel like the solicitors has not done their job properly and I do not believe they deserve the fee they charge. How do I proceed?

The first port of call would be to make a formal complaint to the Solicitors – their complaints procedure should be published on their website. If the complaint is successfully dealt with, the matter would be over. However, if the complaint does not settle in your favour, you could then report the matter to the regulatory authorities (Solicitors Regulatory Authority – SRA) and the Legal Ombudsman.

I had a car accident and the 3rd party have paid out for my car after it was wrote off but now they are disputing liability? I think this must be for personal injury. Have they not already admitted liability by paying out for my car?

Admitting liability for the accident does not mean that they admit liability for any injuries. They are not denying that there was an accident or that it was caused by their insured driver, but they may be arguing that the force of the collision was not consistent with sustaining personal injury.

Although your vehicle was written off, that does not guarantee that you can also claim personal injury compensation. If you have evidence of the extent of the damage to your car (photos of the damage) and medical evidence from a Hospital or GP appointment within close proximity of the accident date, your Solicitor should be able to force an admission on the personal injury claim too.

Yeah I seen gp and had a medical both saying 3 to 6 months recovery so medical evidence is there and photos of both cars. Thanks for the information.

Hello,

I was stationary in my car, waiting for my turn to join a roundabout, when a driver hit me from behind (estimate her speed at 10mph), resulting in my rear bumper needing replacing, along with other items needing fixing on the rear of the car. I was hurt in the accident and as a result have varying degrees of pain and discomfort in my left shoulder to left side of my neck, confirmed by my GP as likely whiplash and have been assigned exercises to do through an NHS physio. The other driver admitted liability for hitting me but is saying that she wasn’t going fast enough to cause me injury and is essentially saying I wasn’t hurt. Do I have a good case against her? I’m finding this all very stressful. I’m currently using legal support through my car insurance but unsure how this will play out

Although your insurers are currently handling this, you may wish to hand the matter to a specialist expert firm and dedicated independent personal injury Solicitor – such as those with whom we work, or one of your own choosing.

Essentially, as you have been hit from behind whilst stationary, there should be no argument about liability. The only issue that may arise is whether the defendant attempts to argue that the velocity of the collision was incompatible with sustaining bodily injury. This is known as ‘LVI’ low velocity impact. Defendant insurers are using this argument more and more in an attempt to wriggle out of personal injury liability. With this in mind, having a specialist Solicitor acting for you on a No Win No Fee basis rather than a claims handler at your insurers may prove to be a beneficial course of action.

In a circumstance while alighting a bus, you are knocked over by a motorbike, the motorbike is uninsured and cant be apprehended. But the bus contributed to the accident by stoping at a wrong location. Can there be two liabilities?

It is most unlikely that you would be able to demonstrate that the bus company were liable for the injuries. In the UK, victims of untraced drivers (hit and run incidents) such as the one you describe can still pursue a claim for compensation via the Motor Insurers Bureau (MIB) scheme for untraced drivers. The criteria to make such a claim requires the claimant to report the incident to the Police at the earliest opportunity, obtain a crime reference number and seek medical attention for any injuries sustained. Such claims can be made on a No Win No Fee basis as per the service we offer on MIB claims.

If you would like to discuss making a claim to the Motor Insurers Bureau, please call us on 01225430285.

I am a council tenant. I fell down the stairs in my home in April and grabbed the banister to break my fall but it came off in my hand. I dislocated my shoulder as a result. I went to hospital, had x-rays and nothing broken but still a long recovery.

I reported the accident to the local council a few weeks later in May that the banister is off the wall and told them how it happened. Then on the 3rd of July as I was walking down the stairs, I lost my footing halfway down and had nothing to hold or grab to break my fall and ended up landing in a position that broke my left fibula quite badly.

I started a claim after some advice and the claim seems to be running smoothly so far and the council have until the 30th of this month to accept or not accept liability.

An inspector for the council came out about 2 weeks ago to have a look at the banister and within an hour someone came out to fix it. I was just wondering what you think the outcome would be on liability? Is there a chance they wont accept liability? Thank you for taking time to read this.

There is of course a chance that the landlord will deny liability. Much will depend on what, if any complaints about maintenance issues you have made and whether the landlord knew or should have known that the bannister was faulty.

Landlords will rely on reports from tenants as to the need for repair or maintenance and if they have not been made aware of any maintenance issues, they may deny liability successfully.

Hi thank you for quick response.. yes the landlord was made aware of the banister that it had come off the wall I reported it at least 6 weeks before I fell and broke my ankle , which was due to no banister to hold to break my fall,

In that case you appear to have a valid claim as the landlord has failed to act on your report of a hazard or risk to health and is likely to be held liable for the injuries you have sustained.

Hi I was in a lift in a tesco supermarket with my 4 week old daughter, as I was going down from the first floor to ground floor the lift felt like it dropped from about half way down causing me to have a back injury, I was stuck in the lift and had to be sent back up as the doors were badly damaged from the drop and would not open on the ground floor it has been a year since and I am still on medication and in pain with my injury, and also have suffered depression and am now to scared to go in any lifts. Tescos and the lift company have denied liabilty because they have said the lifts were inspected a few days prior, can they really get away with this and is there anything more I can do to help my case.

We assume you already have a Solicitor acting for you? If so, they can discuss with you the possibility as to whether or not anything further can be done with your claim.

I was injured at work and lost the end of one finger and badly damaged another. The injury happened whilst loading heavy plant machinery equipment onto an HGV truck. The plant machinery was being driven by a third party (employee of the same company I work for) and I was acting as a banksman, whilst loading, a chain attached to the equipment slipped slightly and a 3ton bucket moved and trapped my hand between it and the lorries bulkhead. The HSE have investigated and came to the conclusion it was just an accident and could not attribute liability either way as the plant machinery was being driven appropriately. Given this, can I make a claim on my employer’s insurance? My employers state I cannot as there is no attributable negligence – is this correct? I thought this is what insurance was for, after all I have a permanent injury/disability and it wasn’t my fault either!

As the HSE have found no attributable negligence on the part of the employer, the employers insurance will argue that they are not liable for the injuries you have sustained, but an HSE investigation and a claim for personal injury compensation are two separate matters with differing criteria and although the employer and insurers will deny liability, the right to make a claim does remain available.

Whether or not our Solicitors would be able to pursue this claim on a No Win No Fee basis is not yet clear, but we can certainly have this matter considered by them and discussed with you without you needing to pay any costs for that advice.

2 years ago at a previous work place a large whiteboard fell onto my left shoulder from the wall whilst I was working. The impact caused me to have a very sore neck and back pain. I started a claim on this a whole back and the defence are denying liability even though there is evidence, they are questioning why I did not complain of pain to them for the past 2 years and are also questioning how I got the cctv footage etc. I was referred to a private DR to create a medical report and the outcome was soft tissue damage across my left shoulder and advised my left shoulder is weaker than my right shoulder. Despite all of this, the defence continue to deny liability and it has gone to the “allocation stage” and “direction questionnaires” are being filed. My question is, why are they denying liability and will they get away with this? Thank you for your time.

A denial of liability is not uncommon. Indeed, it is extremely common in a claim for personal injury compensation, even in what can appear to be a straight forward case. As you have the CCTV footage of the incident, it should be possible to get admission that the accident happened. What you will then need to do is demonstrate that the incident is consistent with the nature of the injury you are claiming for – which should be possible by way of provision of your medical records.

Hi Ian
I have been in a car accident. The defendant accepts liability for the accident but not my injuries. What happens next and if I made a claim how long will this take?
Thanks

In this case it would seem that the defendant will argue that although their insured has caused an accident, the impact of the collision would not have caused injury.

If you have received medical treatment and a diagnosis consistent with injuries sustained in a road traffic accident have been made, a Solicitor is likely to be willing to pursue the claim for you.

In most cases, a claim for such an accident tends to take around 12-18 months to process.

Hello,
My 2yr old son fell over a barrier fence which fully surrounded access to a playground and broke his elbow . I raised a complaint with the LA whom admitted there was no safe access. Their loss adjusters have now stated they deny liability, although safe access has recently been completed following my official complaint. They claim this new gate/safe access was only added due to the equality act, they’ve also partially blamed his grandparents for partial neglect. I’ve taken photographic evidence of before and after clearly demonstrating that there was no safe access (by foot, for pushchairs or wheelchairs). It appears they have used my own recommendations as their own defence. Do I have a strong enough case to take this further?

An initial denial of liability is not unusual and if you are representing yourself, it is likely that the defendant insurers are attempting to ‘scare you off’ and encourage you to give up on the claim. Given what you have stated here, we feel that you should continue to pursue this matter.

Not sure if you could help me.I fell over a pothole and broke my elbow and chipped another bone. There were witnesses and I was taken to hospital. The council has refused that it was their fault because when they inspected the road 5 months before my fall, they said the pothole wasn’t present so its not their fault.

I have photos of the pothole and location details. Is there anything I can do now or is it not worth it?

Local authorities and landowners rely on area inspections and reports from members of the public when it comes to identifying areas of disrepair or potential hazards that need attention. The courts have essentially stated that if a local authority inspects an area every 6 months and finds no hazard and if there have been no reports from the public of hazards in between inspections, they will not be liable for any accidents that may happen. As has happened in your situation.

Therefore, the only option available is to attempt to prove that the council inspection was inadequate or that they have not acted on reports from the public of any hazard in the area where you fell. One good way to do this is to look at the accident site on google streetview and then backdate the view to a previous year. If the hazard/defect is visible in that dated image (dated BEFORE the councils previous inspection), proving that they have missed the hazard on their inspection is possible and a claim can proceed.

We would certainly be happy to look in to this matter for you. If you could email the accident site images and location to me, I will make investigations for you. You can contact me at: ian@direct2compensation.co.uk

I was burned by an IPL laser hair treatment procedure in January. I had initially gone in for laser hair removal. I signed consent to undergo hair removal treatment also signing that I understood the risks. My treatment for hair removal went well without any issues. On my second treatment, the technician suggested I try the ipl on some pigmentation spots on my face. She thought it would be useful but did not explain any risks or ask me to sign my understanding of ipl and pigmentation treatment. I trusted her and went ahead as all went well with the hair removal. I was left with burns, blistering and scarring after the treatment. I put in a claim and they have now come back and denied liability based on the form that I had initially signed for hair treatment. I am working with a solicitor who is preparing a response to their denial. Any advice on anything I can do for a positive outcome? Thanks

We would anticipate that your Solicitor will argue that the two treatments were separate and that you were not correctly advised on the 2nd treatment for which you are seeking damages. The providers failure to ensure that you signed a separate consent and were provided with the detailed risks for that treatment should form the heart of your claim and as your Solicitor is continuing to pursue this matter, it indicates that they have confidence of succeeding.

Hi I was hit from behind by a lorry at a roundabout. They have admitted liability and admitted a breach of duty. However we are still fighting for compensation for our whiplash claims. We have 2 doctors medical reports and physiotherapy reports all backing our claim we have had to prove jobs and our education history and now to add to the 10 months of stress and worry the defendant products a report from a vehicle specialist how says from the evidence the defendant provide yes the accident happened but they whiplash didn’t and if we go to court and the court sides with the defendant we will be find to be fraudulent. This is all very upsetting and worring as we have done nothing wrong we where sat still at a roundabout and they hit us. Is this a bullying tack tick from the defendant and is they a normal thing. As our solicitor never answers and when they do they just tell us to keep moving forward. However it’s not them that has to go through this.

As long as your Solicitor continues to back you and wants to fight your claim, you should not be concerned – despite the obvious stress caused to you. The defendant are not denying the accident or liability for it, but appear to be claiming that the velocity of the impact was too slow to cause injury. Your Solicitor should be able to counter the defendants argument by providing the evidence of your medical assessments and physiotherapist notes.

I was the injured party around 2 years ago were by a lorry crashed into my car, they have accepted full liability, I haven’t sought legal representation in the matter yet though my car was scrapped, I was traumatised and have suffered with hip pain (I’m only 40 years old) since the incident, can I seek compensation? If so what kind of compensation could I expect?

Thanks

As the accident was around 2 years ago, you can still pursue a claim – UK law affords you a maximum claim limitation period of 3 years from the date of the accident in which you can make a claim.

As you have around 12 months remaining, it is vital that you act now and avoid any further delay in pursuing your claim as we’ll need as much time as possible to ensure that your claim has the best chance of succeeding.

I was in a lorry crash with my car. A lorry side swiped my car on the drivers side from the middle lane while I was in the left lane. The driver admitted liability at the scene and also I have 3 witnesses. I’ve sustained a lot of injuries including broken bones.

Now the lorry driver is saying he’s not at fault after he’s admitted to me (and the Police) that he was liable. This is just for the car damage as it is now a right off and not for my injuries.

As the Police have attended the scene in this incident, you are in a strong position and you should not let the denial of liability made by the defendant upset you too much. The claim for your car loss and any personal injury claim are two separate matters and should be dealt with independently of each other. We would highly recommend that you instruct a Solicitor of your own choosing to represent you in your injury claim rather than allow your insurers to have you instruct their in-house legal providers. Your injuries are serious and numerous and it is vital that your claim is handled by a dedicated and specialist senior personal injury Solicitor – such as those who represent our clients – and not a junior claims handler – which is the norm when a claimant allows their insurers to handle the personal injury side of their claim for them. Unsurprisingly, people often feel let down by the outcome when this happens.

Our specialist Solicitors are experts in claims of the type you will make and would be able to represent you on a No Win No Fee basis to ensure that your injuries were fully accounted for, that appropriate medical expert reports were obtained to demonstrate the longer term consequences of your injuries and ensure that your final settlement was maximised to ensure that any loss of income, incurred costs and future losses were included in the final amount you received.

Hi i had an accident and fell down a 5 inch deep pothole on a crossing in the road.
The council have denied liability. What do you think my chances would be will it go to court? I injured my foot really badly i fractured it in 2 places and ruptured my achilles tendon and still cant walk on it. Its been 10 weeks since the accident.

Have you got a Solicitor acting on this? If not, please call us on 01225430285 so that we can get our specialist Solicitors to pursue this for you.

I was proceeding in the outside lane round a roundabout and a third party on the inside lane. On exiting the roundabout the third party moved into the outside lane to overtake a slow moving van and collided with me causing a good deal of damage. They are denying liability and saying I moved into their lane. Having requested and received dashcam footage, my solicitor says it clearly shows them moving across into my lane causing the collision. The third party however are still disputing liability and we have to issue court proceedings. Is this likely to go to court and succeed?

Given the apparent supporting evidence you have, which has been viewed by your Solicitor, it is hard to understand the course of action being taken by the defendant in this matter. If the evidence is shown to a Judge, it is likely to see the defendant lose the case.

I was a passenger involved a car crash, the other driver crashed into us, we indicated to turn onto a road from a main road, and he tried to over take us (speeding and driving wrong side of road) and as we turned, he hit the car, the car flipped multiple times landing on the roof, I spent a week in hospital as I had a brain injury from it and still can’t walk very good. he was drink driving and got arrested for it. He’s denying liabilty, is this normal? How can I get them to admit liabilty?

As the 3rd party driver was arrested for driving whilst under the influence of alcohol, he and his insurers will be hard pressed to deny liability. Further, as he was the vehicle at the rear, he had a responsibility to notice the indication of the driver of your car to turn. His failure to do so should see liability placed at his feet.

As the passenger in this accident, you are in a strong position. If for some reason, liability remains denied, you cannot be liable so can still pursue a passenger injury claim.

Hi, What happens if both parties continue to deny liability for RTA? How long can this go on? Son had accident in September 2019 where he on his motorbike had filtered to front of traffic lights. Car beside him did not wait for him to start off when lights turned green and while he was still stationary the car caught his leg. He informed his insurance company (Markerstudy) for notification purposes only as other party had no damage but now 10 months later at renewal time we discover that case is still open and is showing my son as at fault and his insurance company has removed his no claims bonus ? We have had no contact from the insurance company that any claim has been made.

When your Son reported the incident, the insurers would have noted this as a possible claim as the 3rd party could have approached their insurers to make a claim. If they have not done so, the contact from your Son to report the incident should be closed to indicate that no claim was made. He could then re-establish his No Claims Bonus.

Hello,
Someone went into the back of me. There was slight damage to car nothing terrible I had a hire car for the day while the scratches got repaired. I attended a and e immediately as I was in shock I suffered whiplash, was signed off work for a week, and had five physio sessions which I have to do exercises. Insurance has physio and a and e notes and now needs gp records but I feel a bit uneasy sending my whole life file to someone when I don’t seem to be getting anywhere as it is? The other side is are adamant saying I was not injured, there not accepting liability, they have not paid for damages to the car. The case hasn’t moved since over a year. What do I do I don’t feel like I am winning ?

It is hard to see how the defendant can deny liability for the damage to your vehicle. Even if the damage was slight, their insured has collided with the rear of your vehicle and they are therefore liable for the damage or loss caused.

With regards to the injury side of things, you have nothing to fear in releasing your medical records unless you are being dishonest (which is not the case). However, even though the defendant will have to admit liability for the accident and damage to your car, they may be able to argue successfully that the force of the collision was too slight to be consistent with the injuries you have reported. This is not to say that you are lying or misleading them, but the insurance sector has been fighting hard for a long time to get the government to make it easier for them to get out of compensating for injury in incidents of ‘low velocity impact’ or LVI.

Hi
I broke my ankle and have been off work for 9 weeks. I went over on it down a pot hole that was 2 inches deep on a council walk way, whilst walking my dog. I have all photos even one of my x-ray . I also had 2 witness with me at the time.

I didn’t report it to the council but then pursued a claim 1 week later. My claimant company have said the council have denied responsibility and they are referring back as a ‘non MOJ’?! What does this mean and can the council keep denying when I have evidence?

In your case, it would appear that whoever is handling your claim has had to take it out of the MoJ claims portal. This can happen where there are denials of liability. Have you asked your claims handler if they intend to continue pursuit of your claim?

When it comes to succeeding with a claim for tripping accident compensation, a claimant must demonstrate that the hazard has been in situ for a considerable time – usually at least 6 months and that the local authority or landowner ought to have known it was present (if they had conducted adequate local inspections etc) and therefore repaired the hazard. If a local authority or landowner can produce evidence that they have inspected the accident site in the 6 months prior to the incident and found no defect to repair and that no member of the public had reported any disrepair in the intervening period, the local authority will be deemed to be not liable.

If your Solicitor is no longer willing to pursue your claim, please feel free to ask us for a 2nd opinion.

Hi,

I slipped in multi-storey car park due to bad weather there were no wet floor signs, I had reported this to the manager and they never noted the incident, there were stacks of wet floor signs that weren’t being used! They have denied liability saying that there were signs on the walls (which the manager never said) and it’s not a pedestrian walkway, but I’m not familiar with this car park so I wouldn’t know and didn’t neither sign warning for wet floor or where the pedestrian walk ways are. Will my claim be completely closed now?

Have you had your claim pursued by a specialist Personal Injury Solicitor? If so, have they checked whether the signs that the defendant has said were on the walls were present? Has the defendant provided evidence of the signs being in situ?

I had an accident almost 2 years ago which resulted in me having problems with my spine ever since the fall.
My solicitor has told me that there are 3 separate party’s at fault of which none are accepting liability for the steps that crumbled under my feet when I fell. My solicitor is now in the process of writing to a Barrister, which I presume will put all 3 parties at fault. My question is can and will this be resolved in court??? Many thanks Mark.

In matters where defendants deny liability one of two things will happen. Either the claimant Solicitor will review the denials and consider them to be worthy and strong and close the claim or the claimant Solicitor will consider the denials weak and without legal standing and seek Counsel opinion (Barrister) to then pursue the claims further and bring the decision on liability to a Judge in court.

A Judge most certainly can resolve this matter in your favour and if your Solicitor feels that taking the matter to court is a viable next step, you should go with their advice and pursue this further.

I was knocked down and sustained multiple injuries by a reversing van the driver in a magistrates court was found not guilty due to beyond reasonable doubt of guilt not able to be proved as no one was there to witness it.
Can I still claim compensation for my injuries as I was just the victim?

You can still pursue a claim if the van driver accepts that they hit you. If the van driver denies ever coming in to contact with you and you have no witnesses to confirm that they did cause you injury, your claim would fail in the same way that the magistrate case was found unproven against the van driver.

I was hit by a car park barrier in the dark a few weeks ago. It was dark, raining heavily and very windy. The pavement is very narrow and at the bottom of a hill which made it difficult to walk down. I suffering a huge gash in my forehead and down the left side of my face as the solid metal barrier struck me. There was no flashing light or signal to warn that the barrier was coming down and no attendant to help me as I was bleeding badly. The local council has denied liability. These barriers should at least have a safety covering at the end to prevent injury if they strikes someone in the dark. What should I do now that the council has refused to accept liability?

The fact that the local authority have denied liability should not in and of itself make you give up and leave a claim. Our Solicitors would be happy to discuss this matter with you and can advise as to whether or not they can take this matter further for you.

Thank you. I will try to get in touch in due course as I am still recovering slowly from my injuries and need some time to get myself together!

Please do contact us as and when you feel a little better. In the meantime, if you can get someone to visit the site and take photographs of the barrier and the lack of lighting/warning, it would be a good idea.

My daughter was involved in a hit and run. He drove into the back of her car (but fled the scene) causing whiplash to herself and, according to her insurance company, writing her car off due to its age and cost of repairing all the damage. What can she do if he doesn’t admit liability – she got his registration number but his insurance company are giving him 2 weeks to respond or they will investigate his car. I am sure he will get his repaired by then. Police have been informed but not sure what they will do. Can she still claim medical compensation even if he does not admit to anything and she has to claim through her insurance or will she be unable to do that as well. She has already been advised that her premiums will go up if his insurance refuse to pay out. She has been to A & E due to injuries and has already missed 3 days work – still in considerable pain. It seems unfair she could be out of a car and pocket if he denies liability and she has to claim off her insurance.

We can certainly help with regards to a claim for personal injury compensation. If your daughter has fully comprehensive car insurance, she will have to claim from her own policy for the damage to her car – if the 3rd party doesn’t admit liability or is not proven responsible.

However, as the victim of a hit and run incident in which she was injured, your daughter can make a claim for personal injury compensation to the Motor Insurers Bureau (MIB). The MIB scheme is open to people who have been injured through no fault of their own by drivers who are uninsured or who have fled the scene and are untraced. To qualify for the MIB scheme, a claimant must have reported the incident to the Police and sought medical attention – both of which your daughter had done.

Your daughter can make a claim directly to the MIB without legal representation if she wishes to do so. Alternatively, our specialist Solicitors would be happy to help her make a claim on the basis that she would pay nothing if the claim were unsuccessful but she would contribute up to 25% of any settlement towards the costs of the claim if she were to succeed. Of course, we would recommend instructing a specialist Solicitor – such as those with whom we work – rather than claiming directly, but you would expect us to say that! Our Solicitors would ensure that your daughters legal rights were upheld and that any settlement for the injury and recovery of losses caused by the incident were appropriate and at the maximum possible value, thus ensuring the best outcome.

Hi, I have a injury at work claim, my employers are denying liability, I slipped and fell on icy stairs which caused me to go up in the air and land on the stair edge. I have a huge dent in my buttock, I also have nerve damage, it is a main fire exit, used by all staff and delivery drivers, it was not gritted at all leading up to my accident, I have a witness, they say they have gritting records to say it was done on the morning of my accident.

Was the accident recorded in an accident book? If the employer can show that they had carried out adequate risk removal by gritting the area in the hours before you fell, it is likely that they would have a strong defence to any claim.

I fell down a manhole cover whilst on a delivery, the property owners defendants are refusing liability as they didn’t know there was any defects or pre existing problems with the drain cover. The water board and council are also denying liability, I twisted my knee and had to have keyhole surgery due to this accident. Can they deny liability on the grounds they didn’t know about any pre existing problems with the cover. Also on the property they have a new build, so my guess is they used the manhole or tampered with the manhole in order to sort something out for the new build. I have pictures of the manhole and proof of injurys and reported the accident to work in the accident book.

Utility companies rely on local government inspections and reports from members of the public to identify and make repairs of any possible hazardous access covers.

In your case, if no previous inspections found a repair issue and nobody had reported any issues, they will not have to admit liability and a court is unlikely to find them liable – for this reason, it is unlikely that a Solicitor would be able to pursue the matter on a No Win No Fee basis.

I had borderline COPD before I moved into a new house. Through that, I was exposed to black mould throughout the house for 5-months. My COPD is now mild and the housing department have been found liable for contributory negligence and causation. How much can I claim for in compensation please?

The only way to know the amount of compensation that you would be entitled to receive would be by having a specialists medical report provided and for a Barrister to review the report and provide a guideline compensation value. Have you spoken with your Solicitor regarding this issue?

I broke my knee after tripping over a drain cover in a supermarket car park, with picture evidence of drain cover and how obvious it is its a hazard, they have denied liability because there is no cctv in any part of the car park even by the front doors, but states on signs 24hr cctv? The claims company I’m using don’t really seem fussed and I think their trying to get me to scrap it. I would be more than happy to go to court along with other evidence it’s clear it happened and I will fight all I can. What would you suggest?

The CCTV footage is irrelevant in this matter. What should be relevant is the evidence of the drain cover protruding from the surrounding surface level of the car park by 25mm/1inch or more and the medical evidence of the injury.

Did you report the accident at the time of the fall at the Supermarket? Was the fall witnessed by any other party? Can you provide any evidence that you were in that car park at the time of the fall?

Hello. My nan had an accident in a shop earlier this year where she slipped on a discount sign that was laying in the middle of floor. The shop admitted liability on their part as they said that the floor should have been kept clear of clutter. However today she has just recieved a letter from her solicitor saying that she company in question is now refusing to accept liability and that they will not pay her any compensation. I was just wondering if they can do this after they had admitted they was already at fault? The accident resulted in her dislocating and fracturing her shoulder. She had to have an operation to replace her shoulder joint, and she spent about a week in hospital. She has had on going pain since it happened and is now to scared to leave the house to go shopping in case it happens again. Should we see a different solicitor to get a second opinion?

If the admission of liability was made verbally in the shop by a person working there, then the fact that the insurers have formally denied liability is acceptable. If liability was agreed in writing and has since been revoked, it is more concerning and you would need to ask your Solicitor as to the grounds for the withdrawal of the admission.

I was driving North on the M1 Motorway when a Lorry struck my rear offside wing with its nearside footplate. It was a Roadwork area with a 50mph speed limit with a concrete barrier on the hard shoulder. My speed was increased from 45mph to over 50 by the force of the collision. There were no independent witnesses but as the lorry struck me from behind the other insurance company has accused me of starting to change lanes. No such comment was made by the other driver all he said was sorry. I was on the inside lane and had been since the start of the roadwork area ‘Stay in Lane’ was the sign. Without my knowledge my Insurance Company closed the claim and accepted 50/50 with the other insurance company. I believe that I have been Misrepresented by my Insurance Company which I believe could be classed as Fraud. Can you advise me?

Without an independent witness to corroborate your version of events or without dash cam footage to confirm that you are telling the truth, there is very little that can be done in such a case.

As you believe that you have been the victim of a fraudulent allegation, you should contact the fraud department within your Insurance provider to discuss the matter and potentially refer the matter to the ombudsman service if you are not satisfied with their handling of this issue.

My son was driving his car passing through the traffic lights going straight, another company car passing through other traffic lights went straight into his vehicle and damaged his car. My son was injured and the 3rd party denying liability. The insurance say he will have to claim off his insurance (my son) and the insurance say they will fight in court. Surely this is wrong as if he claims of his insurance they will say oh well he got his money he is happy end of story, and they won’t pursue the matter any further. Is this true?

Has your Son spoken with an independent specialist personal injury Solicitor regarding this accident? If your Son has proceeded through a green light and the 3rd party has failed to stop at a red light and therefore caused the collision, there should be no issue in holding them responsible and forcing them to admit liability.

Does your Son have witnesses to support his version of events in terms of how the accident happened?

Hello, On the night of 20th September 2018 i had an accident at work, there was an historical leak in the roof (in my cleaning area) of a school, i stood on a wet carpet and slipped down a flight of stairs, in the early hours of the following morning i text my supervisor and explained to her what had happened. The third party are denying any responsibility and even denying that they have ever had a leaking roof. I have photographs of the offending area and a witness who has confirmed that the leak is historical! I broke a bone in my leg and was severely bruised, i also still have visible injuries even though this happened a year ago.

Have you been represented by a specialist personal injury Solicitor in your claim? If not, please do contact us so that we can have our specialist Solicitors look in to this for you.

Given the apparent ‘evidence’ that you have to demonstrate that there was a leak (photographs and a witness), it is hard to understand why the defendant has denied any liability.

I was in an accident few months back. I was stationary at lights and went to pull away, when another driver ran into back of me at low speed (luckily, it wasn’t that fast), but it was fast enough to need a new bumper and I ended up with a sore back and neck. A week later, I fell down the stairs due to the sore back which resulted in further injury, but they’re saying that because of the minimal damage to my car and the slow speed of the collision there is no claim for personal injury compensation.

Although the 3rd party driver was clearly at fault and their insurers will be liable for any costs of repair to your vehicle, it is right that they can refuse to compensate you for personal injury compensation as this is a ‘Low Velocity Impact’ (LVI) matter.

I had just gotten off the bus and I had all but crossed the road when a driver hit me with the offside wing of his van. He was traveling at a substantial speed when he mowed me down, leaving myself with a broken femur, broken pelvis, a shattered right hip and a broken back. I was left with an L1 ‘burst fracture’ of the spine and I was left paralysed from the waist down.

I have a Solicitor at the moment and they are talking about contributory blame even though the driver of the van was speeding and wasn’t taking any care. He didn’t give any consideration for someone that may have got off the bus (although he obviously was aware that a bus was setting off in his direction as he can be seen in the CCTV to be flashing his lights either at the bus or possibly even at myself as I’m crossing the road).

My view is that whatever was going on with that driver, he took no care to ensure that he didn’t hit me and he has left me severe life changing injuries.

Has the driver in this case been charged with any driving offences by the Police such as driving with due care and attention or speeding? If so, that could help your case in establishing that they are fully liable.

In cases such as yours, when you have been hit by a motorist whilst crossing the highway, it can be the case that the pedestrian is held partially responsible or having contributed to the incident in which they were injured. Pedestrians are expected to use pedestrian crossings and need to allow plenty of time to cross the road if not. Whilst we are not saying that you are responsible for this incident, without having the necessary evidence in place to demonstrate that the driver was speeding and wasn’t paying appropriate attention, it is hard for your Solicitor to establish full liability with the defendant.

That said, given the severity and permanent implications this will cause to you, you should receive a substantial spinal injury compensation settlement.

HI fell over a paving slab smashed my femur and broke my hip I was in hospital for 1 month but the council are not admitting liability though have sent them photographic evidence what can I do I’m heart broken I have a pin from hip to knee and had muscle removed to fit it…

Was the paving slab that caused you to fall raised or sunken by 25mm (1″) or more? If so, the claim may be something that could be taken further by a specialist Solicitor with expertise in claims for tripping accident compensation.

I work for a large supermarket as a baker. Whilst removing the bread rack from the prover the heavy metal door, which is on the same principle of a fire door so comes back and closes on its own, came back and hit my hand and as a result I broke my baby finger. It has required surgery to be pinned to straighten my finger and almost 3 months off work. My union are dealing with the case but in the first instance my employer has denied blame which I find quite upsetting. Any advice please?

Do you know what defence the employers insurance have raised? Why are they refusing to accept responsibilty?

I work for the nhs, I had a fall off a stool , provided by work, while putting notes on a high shelf, approx 7ft I am 5ft 1, I was quite badly hurt, they have denied liability say the stool wasn’t faulty, and it is still in use, which is lies it was removed the day after the accident and I’ve not seen it since, they have also lowered the shelf’s , while I was off work, they say I am the author of my own misfortune by climbing onto the stool, this is what we had to do to reach the shelf’s, I have witnesses to all this being true.

Have you had your claim pursued by a specialist personal injury Solicitor? If so, have you informed them of the witness you have and of the fact that the stool was removed from use the following day?

If you have not instructed a specialist Solicitor, perhaps you should now consider doing that?

Hi,
My friend walked down some decking steps in a holiday park lodge, there was a hole at the bottom of the steps which caused her to fall and break her ankle in two places. The ground around both steps to our lodge was very uneven and had obvious trip hazards, photos were taken of this. More concerning, the park immediately filled in the holes (without taking pictures) using dried sand!….. It was addressed with the park the next day that within 24hours the sand had blown away, leaving the dangers exposed again. Further to this, it was a concern to us that filling in holes with a substance that gives way under pressure is actually more dangerous and more likely to cause an accident as it would appear to be a flat surface but then cave when stood on. The surrounding caravans had concrete slabs at the bottom of their steps.
However, the park says they have done nothing wrong and the areas are regularly checked and maintained.
I believe we have a strong case to prove that the park was not taking adequate steps to protect visitors and should be liable for the injury caused.
Have you any advice??
Many thanks
Hannah

Our initial view is that this is a matter we would wish to investigate further for you as it does indeed sound as if a claim is valid given the circumstances.

To take this further, we would of course need to see the photographs you have taken of the accident site. Please can you email them to us along with an explanation of the incident and details of the venue? Also, please provide contact name and phone number so that we can call you back to discuss the possible claim for compensation in more detail. Please email the photographs and information to us at: justice@direct2compensation.co.uk

Hi I recently made a claim against my employer through a personal injury Solicitor. I was advised today that they are denying liability and wondered if you could give me your views on this matter.

I was seriously assaulted by a young person in my care and in my case this incident was foreseeable and could have been prevented. 6 months down the line I am still suffering severe pain from the injuries I sustained.

The employer can deny liability if they believe that they have given you the relevant training, guidance and correctly risk assessed the young person and the risks that they posed to you during your duties.

You mention that the incident was preventable. What makes you say this? Remember, hindsight is not something you can use to succeed in a claim, but if you have evidence to show that the employer failed in anyway, you should present that to your Solicitor.

Hi,

I was involved in an accident in April, I was getting something out of my car on the passenger side and was stood between the passenger door and the car and when someone drove into me, smashed my door up, hit my throat on the roof and injured my leg. I could barely speak for 2 weeks. I’ve had to make a personal injury claim to retrieve my excess, i was fine after a month so not making an outrageous claim. But they are denying all liability saying i was sat in the passenger side and opened the door onto them, which makes no sense as I was on my own and standing at the time if the accident. They have paid for my repairs which was 1800, so what will happen if they still deny, they have until 8th August to investigate. There are no witnesses but a hospital record and photos of bruising to my leg. Will it go to court? Thanks for any advice x

The problem you are facing would appear to be a straightforward case of a 3rd party relying on the fact that you have no supporting witnesses to corroborate your version of events. In such cases, it is very hard for you – as the claimant – to prove what was reality in that the defendant was liable.

Given what has happened, it could well be the case that your Solicitor will have to play hard ball and take this all the way to the courts.

Thank you for your help with my solicitor. We had insurance put in place so I really don’t know why he would take cold feet. However I have decided to go this alone now. Who do I take to court the council who own the property where I fell or their insurance company who replied on their behalf saying they were not responsible. Thank you. Belle

The defendant would be the Council, with their insurers providing them with legal representation and meeting any costs that may be faced.

So i put in a claim against council as i fell when a drain cover was not there, and although i have pictures from jan till june of the drain it’s still not fixed. I also rang and told them about it in march as it still hadn’t been covered. They’re saying that because they have had no-one phone about it before that they are not taking liability. When i done it in jan my brother had only just moved there so i didn’t know anyone really but neighbours from the street had said it had been reported before i had fell, which they are denying, i’m not really sure where to go from here as i am still not in work. I damaged my knees and my arm which turned into frozen shoulder, anyway just wondering is this right what they’re saying and is there anything i can do or do i have to just leave it?

I also did visit hospital twice and numerous doctors appointments and physio so i have all evidence my side but they’re denying their side as they’re saying they didn’t know it was like that.

The medical evidence is irrelevant in terms of proving that the local authority or water board were negligent. Medical evidence is important for proving the extent of injury sustained – but that is only relevant once you have proven liability.

Have you had a Solicitor representing you in your claim for compensation? The water board and local authority will rely on reports of hazards and annual inspections to be aware of any hazards or items in need of repair and if the local authority can demonstrate that they have inspected the area within the correct time and found no hazard or defect, they would not have reported any issue to the water board and they would therefore not be liable.

However, if any of the residents of the area say that they did report the hazard, this could turn things around and help you with your claim. If you can obtain a ‘hazard witness statement’ from one of these residents in which they can state the details of the hazard and when and to whom they reported it, it would be of huge help to you. You may find our article on proving liability in tripping accident claims of use.

Hi. I was recently in an accident where by my car was hit by an articulated lorry as it decided to change lanes and come into my lane. The lorry driver took full responsibility and my insurance received payment for my car to be repaired. Since then I have claimed for personal injury resulting from the collision and the lorry driver now says he isn’t responsible for the accident. How can he claim that he isn’t responsible when he has already claimed responsibility and paid for the car repairs?

If the defendant insurer has already admitted liability for the accident and met the cost of the repair work needed on your vehicle, they would have to do the same should a claim for personal injury compensation follow.

The only caveat to this would be if they were to take a view that the speed/velocity of the impact was insufficient to cause bodily injury. However, if your car was damaged sufficiently to require repairs, it is hard to see how they can argue that the incident wasn’t serious enough to cause injury – especially given that you were hit by such a large vehicle.

Hi, I have just had a slip and trip claim (broken wrist) dropped from an accident in December.
The defendants have faked documentation to get out of showing liability – the firm I originally went to never checked CCTV and never got a statement from the group I was with when it happened.
The club has now changed hands again – they do once or twice a year, all seems dodgy, but that’s speculation. Is there anyway to get things over turned?

You mention that the defendants have ‘faked’ documents in order to avoid liability. This is clearly a serious accusation and if you are certain of this, you should report this to the relevant authorities. However, you’ll need evidence to prove that this action has been taken.

In a personal injury case if the defendant denies liability and its proven 5 years later can i still make a claim?

If 5 years have passed since an accident, limitation for pursuit of a claim will have passed and you won’t be able to take action. However, if you previously attempted to claim and the claim was registered in the courts, the limitation issue may be irrelevant and you could possibly get this matter settled.

Hi there, I was in a car accident last year, I was hit by a driver that went through a red light. There was a witness and CCTV footage was found showing the crash. The 3rd party is still denying liability and my solicitor says we may need even more evidence. I’m not sure what further evidence we could possibly get. She says we may need to go to court. Should I look for a different solicitor?

I don’t think you need to switch Solicitors as it sounds like your Solicitor is doing the right things. If the defendant insurers are denying liability despite the apparent evidence that is available, the only option your (or any other Solicitor for that matter) would have is to initiate court proceedings to place your claim before an independent Judge.

It is frustrating when a defendant does not admit liability when there is compelling evidence to support a claim and in the long run, it does not benefit them and may indeed cost them more than simply working on a fair settlement for your claim. However, the courts system is here for such situations and it would appear (if your summary of the claim is taken at face value), that you have a strong claim and that a Judge would likely find in your favour.

A hotel has admitted liability when I contracted campylobacter and have admitted liability but constantly ignore negotiations on compensation – I know my solicitor is aware but is this normal for them to just not answer letters?

In some claims, a defendant will take the ‘ostrich’ approach and bury their head in the sand and ignore all attempts to correspond. Quite why they would take such action in this case, especially given the admission of liability makes no sense whatsoever!

In cases where a defendant ignores the correspondence of the claimant and Solicitor, the acting Solicitor will attempt to re-engage the defendant in amicable discussion. If that fails, the Solicitor will issue court proceedings to bring the matter to the attention of a Judge and force the defendant to cooperate.

Thank you, we have given them until yesterday to answer a letter with what we feel is an appropriate sum, not heard anything, so I presume we will issue court summons, its just so lengthy!

The issue of defendants employing delaying tactics and being unresponsive to claimant correspondence in cases of personal injury compensation claims is something that bugs all of us working hard to assist claimants who have suffered injury and loss as a result of the defendants failures.

Your Solicitor will take the appropriate action and will share your frustration at this unhelpful delay.

I am due in court as I had an accident a while ago, the defendants who were not there on the day of the accident have given statements both of which are saying I was incompetent, would this stand in court? Also they have said that I was given 1000 hours of training which they supplied with a few dates on a piece of paper with no signatures to say when I was signed off. I have never signed no training matrix, also both of the statements say that they never had any problems whilst they were working but I beg to differ with that and they say I was rushing on the day again they were not on site to determine if I was rushing.

If you are of the view that the statements issued by the defendants are misleading and factually incorrect, you need to attend the court and provide responses to every incorrect element of their statements to the Judge sitting on the case. If you can provide factually correct responses in a manner that the Judge is minded to accept, you could well succeed with your claim. If you can provide evidence to substantiate your version of events you will succeed.

Hello,

Last year October I was invovled in a tram incident that sprained and caused muscle damage to my right shoulder, causing my self to be off of work for 10 days and the mental abuse I received from NETS trams started shortly after. I have started a claim but had it refused as the tram company said that the safety feature was activated by something so called being the tracks, however if there was something on the line the tram wouldn’t of pulled off just seconds after the emergency stop. But the claims company I decided to go with, said without any proof and just what the tram company said, they would stop my claim from going any further. What do you recommend I do?

If you have been through the claims process and the claim has failed on the basis that there is no evidence to support your view that the tram company were liable, it is very hard to offer any positive options going forward.

To succeed with a claim for compensation, an injured person must be able to identify negligence and importantly, provide evidence to support such a view. In this case, it would seem that the tram emergency stop system worked to prevent an impact with an object that is unknown – whether that be a pedestrian, animal or other object. Such a system working in such a way would not be deemed to be an issue that would allow you to succeed with a claim. If you are alleging that the emergency stop system was faulty and caused an unnecessary violent jolt, you will need some evidence to support such a view.

Hi, after a 3rd party has denied ramming my car she has now admitted it but says i was responsible as opened door on to her car. I’ve got a solicitor but they don’t seem very good, its been going on since December 17, last spoke i was told 3rd party had until 4th of April to submit a statement and it’s been sent to court. I just rang my solicitor but i was told still no defence statement, is this right can they do this? Be thankful for your reply.

If the defendant insurer has missed a deadline, the standard procedure would be for your Solicitor to provide them with a defined extension – usually a further 21 working days or similar. If the defendant insurer then fails to meet the extended deadline, your Solicitor will issue court proceedings to force them to attend a hearing regarding the claim.

Many thanks for the advice

I tripped in the street on a damaged pavement and fractured my wrist. The council admitted it was their fault 3 years ago, but I have since had problems with my wrist and been diagnosed with crps. I was under the impression that the claim was coming to an end this year with all the evidence from consultants occupational therapists etc, but today my Solicitor rang saying the defendants are now not accepting liability and she needs to talk with me. Can this happen after 3 years?

An admission of liability can be withdrawn, but the defendant will have to be basing that on new evidence to support their view. Your Solicitor will speak to you, but it could be that the matter now has to go to court for a Judge to decide the outcome.

Hi, my work have denied liability – i had a fall down curved stairs that had no handrail, i fractured my tibia and femur. My work installed a handrail 3 days later, i was off work for 9 months, can they deny liability?

Have you been represented in this claim by a specialist Solicitor? If not, it may be worth having the employers denial of liability reviewed by one of our specialist accident at work Solicitors.

With regards to your accident, the lack of a handrail may not necessarily indicate that they were negligent and therefore liable for any injury you sustained. The fact that they had a handrail fitted 3 days after your accident could be seen as the employer acting correctly to ensure that nobody else would fall down the stairs.

Hi Ian,I work on the railway on a 0 hr contract. The company I work for is a sub-contracting agency and they had me working for a large contracting firm. The large contracting firm is not accepting liability for the injury I sustained when I dropped a large concrete block on my finger tip. The injury was such that the finger tip was removed later in Hospital.

Appropriate vehicles were not provided by the employers resulting in the accident. My lawyer reckons I have a solid claim and agrees the large company is at fault. This is his opinion that as it was their contract and the job was under their site managers instruction.,However they seem to believe my sub agency is at fault under a contract which was signed in previous years. My sub agency employer also denies responsibility.

My lawyer has given them 5 weeks, which ends next Tuesday or he is willing to take both to court (after a further 2 week cooling off period if nobody’s accepted responsibility).

They’re really both blaming each other. Both believe they have a good case in defence. What will happen in the end? Could it really go to court or will somebody accept liability and work to settle the claim appropriately? Also is this better financially for me it going to court? Many thanks

Given your current Solicitors view that you have a solid claim it is a good indicator that someone is liable and in this case, it can only be one of (or both!) two parties – the sub contractor for whom you work or the main contract holder for whom you were operating on the day.

If neither party is willing to accept liability the only solution would be to put it before a court and allow a judge to make a decision. Whilst it is not that common in the UK for personal injury claims to reach court, the court process is there to resolve issues such as the one you cite.

Hi ian, i had an injury at work my claim is at 50/50 at the minute, even if i accept this would i still receive some compensation?

The simple answer is yes! In claims where a claimants has to accept an element of contributory negligence with regards to how they came to be injured, they will still receive compensation. However, the amount received will be lower than if they were able to attach 100% liability to the defendant.

I’m dealing with the insurance company of a large store. There was ice on a parking lot and I broke my ankle and have been off work for a few months. The insurance company for the parking lot maintenance company sent me an email and it said please be advised that this is a liability issue and that they would get back to me as soon as they have the rest of my medical records. Does that mean they accept the liability or does it mean they don’t know who’s liable?

It is hard to be certain what they mean, so it would be worthwhile clarifying with them as to whether they are accepting responsibility or not.

I tripped over a manhole cover and the council said as the depth was between 10mm and 12mm they were not liable. They said they inspect the pavements regularly and they did not admit liability. I’ve a broken elbow, torn ligaments to my hand recovery us going to take months. All due to tripping over the lowered manhole cover. Seems most unfair.

Given the injuries you sustained when you tripped over the raised access cover, I can understand why you feel that the local authorities refusal to accept any liability is unfair.

However, if the hazard protruded by 10-12mm from the surrounding surface, it is unlikely that a court would find the highways agency liable in this matter. In previous case law, it has been decided that an actionable tripping hazard should exceed or fall below the surrounding surface level by 25mm or more. Further, in your case it sounds as if the local authority can demonstrate that they regularly inspect the highways and footpaths in their area and this would give them a solid defence should any claim proceed.

I slipped on a wet floor. When I got up (being helped by a member of public) I noticed a staff member was washing the floors. I didn’t see any wet sign notices. I was on a lot of pain as I twisted my ankle and hurt me knee. I left very quickly because it was quite public and most of the staff were laughing about it.
However I did ask to see the cctv of the incident. They refused and passed the matter on to their insurers.
I didn’t take time off work because had two weeks holiday (it ruined my holiday). Also I knew I had just soft tissue damage because nothing more serious (so didn’t go to the hospital).
It has taken them over 15 weeks to come back to me about liability and I have a feeling they will deny liability.
I have no idea what to do next.

You definitely need a specialist personal injury Solicitor with good knowledge and experience with occupier liability claims to make sure that you succeed with your claim for compensation.

We have some real experts in this area, so if you don’t already have a Solicitor acting for you, call us on 01225430285. Our team will take some initial information and then pass your claim to the right specialist Solicitor who will act for you.

I had an accident where the courts found i was not liable, can my insurance company still refuse my claim for damages?

If you are not liable, it would indicate that someone/another business is liable. As such, any claim for damages should be addressed to the liable party rather than through your own insurers.

If you would like help to make a claim for compensation, please call us on 01225430285 or use our ‘start a claim’ page.

We were hit by a car on the motorway – it was side impact and the driver of the vehicle claims that “they think” another car was turning into her lane which made her swerve and subsequently hit us. The police report confirms that she hit us and her statement of another car however there are no witnesses to this phantom car. There is no cctv available as the camera was not facing the right way. Is this clean cut to claim? I have a ruptured bicep & psychological damage as I have not been able to drive on the motorway again.

It would appear that you have a valid claim for road traffic accident compensation and the injuries you describe (particularly the psychological aspect) are common in such road traffic collisions on high speed roads. Whether or not the person who collided with you believed that there was a 3rd party vehicle encroaching on their lane space is somewhat irrelevant in that it was their vehicle that hit yours and as such, a claim should be made against the insurers of that vehicle. That insurer may then in turn wish to re-direct the claim to the other insurers if they can be found.

Do you know if any admission of liability has been made with regards to vehicle repairs?

Thank you for your reply. The insurance company have paid out for our car that was written off in the collision. They did not state with the payment that it was a goodwill gesture nor have they accepted liability as they are arguing it should go to MIB as the supposed “third car” is at fault .we are still out of pocket all our damaged items & holiday we were on our way to.

I was injured during physical training at work but my employer is denying liability. Surely in a training setting, whereby we should be being monitored there should be no dispute as to them being at fault.

When you say that your employer is denying liability, are you saying that you already have a claim in place and a Solicitor pursuing this for you? If not, the situation you describe is something that we would be happy to investigate for you.

We have previously succeeded with claims against employers where staff members were injured during physical training exercises, with NHS workers injured during training as to how to handle aggressive patients being one example.

In my case, the third party said in a telephone to me that they would pay for my car to be repaired. We still had to converse re any personal injury.

However, the third party are now back tracking and wanting my insurers to say I won’t be filing a claim for personal injury compensation or they won’t be paying for the car damage. This person reversed in to me into me at a junction whilst driving an 18 tonne road line painter wagon.

In my initial email to them, I said that I would be happy to discuss costs due to me but we hadn’t discussed personal injury at this time. Now they are holding me to ransom. I am now going through my insurers but they are disputing personal injury claim and are not acknowledging this. Help!

The situation you describe is a perfect example as to why it is so important to instruct a specialist Solicitor to deal with any claim for road traffic accident compensation and at Direct2Compensation, we have some of the best personal injury Solicitors around available to work for you. Our expert staff know your rights and can quickly obtain the initial information needed to hand your claim over to one of our specialist Solicitors who would then act for you and hold the relevant third party to account for their negligence that lead to your losses and injuries and seek to recover compensation for both for you.

You should contact us today so that we can help take the stress out of this process for you and get the ball rolling in your favour.

Hi i was in an accident where i received multiple injuries, the other driver has accepted liability on my side but as my partner was driving – the car btw is a write off – the other driver is disputing his claim against my partner?

There really should be any problem for you in terms of making a successful claim for passenger injury compensation as whoever was at fault, it will not be you.

Eventually, the liability will be attributed to either the 3rd party driver or to your partner. If the liability is placed with the 3rd party, you can claim compensation from their insurers. If it is found that your partner was at fault, you can still proceed with your claim against their insurance. You really need not worry as whoever is found to be at fault will already have a claim against them for the damage to the vehicles. Therefore, if you then add a personal injury claim on top of that, it won’t change anything in terms of insurance renewal or cost.

hi I slipped in a supermarket in may 2017. I was advised by the the store first aider that there was a pool of liquid by me which I had skidded on. There were no wet floor signs and I slipped by the pharmacy desk where there were 3 cctv cameras in operation. The staff on duty asked if I wanted the incident reporting to their incident line and they did this in my presence whilst I was awaiting the ambulance.
I was taken to the AE department where I was diagnosed with a fractured elbow, likely fractured bone in my spine and severely sprained ankle, I spent 2 nights in hospital and I am still undergoing physiotherapy now.
The supermarket have denied liability and in their words, they have provided the appropriate documentation to demonstrate that they have safe systems of work in place, however they state that they have no CCTV footage of the event.
My solicitor has indicated that there may be no way of telling how long the liquid was on the floor. I have received the cleaning schedule from that day and there was only 1x housekeeper on to clean a superstore in conjunction with this on the incident report it states initially that they had retained the CCTV footage and then further down that they hadnt, giving no rationale for why they did or did not retain it. The incident report also states the area I fell in was not cleaned and the area I fell in is not made referance to on the cleaning schedule. I would be really grateful for any advice you could give me on this matter.

You have certainly suffered some very nasty injuries in this accident and the severity of them proves that what can initially appear to be an innocuous accident can lead to very serious injuries in slipping accidents.

The issue that is causing problems in your claim is a common one that affects many slipping accident compensation claimants in that the lack of a hazard sign being on display is not in and of itself enough to enable a claimant to succeed. Previously, the courts have been fairly lenient with the defendants in slipping accident compensation when it comes to a claimant having to prove that the spillage or item on the floor was there for a sufficiently long period of time that the defendant ought to have been able to notice it, place a sign out and arrange a clean up. It is for this reason that businesses such as supermarkets maintain a hand written log of cleaning inspections and housekeeping work. To summarised, the courts have basically said that as long as a business can demonstrate that it has an adequate cleaning regime and regular inspections of each area of their premises they will not be held liable if someone were to slip and fall. In essence, this is usually taken as the supermarket having to check each aisle of their store at least every 30 minutes. If they can provide a log that shows this, it is unlikely a claim will succeed against them. The courts have found that if a shopper were to drop an item and caused a spillage, it would be unreasonable to expect the store staff to notice, erect a hazard sign and begin clean up unless the item had been on the floor for more than 30 minutes. Of course, without CCTV, it is very hard to have the evidence to support your claim as it cannot be proven that the spillage was on the floor for 30 minutes or more.

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