What can you do if no-one admits liability for a road accident?

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What can you do if no-one admits liability for a road accident?

4th December 2009

n most road traffic accident cases, an injured party can make a claim for compensation against the insurance company of the person deemed liable for the accident.

But what can you do if neither party is willing to accept liability? According to a personal injury specialist at Fentons Solicitors LLP, drivers involved in road traffic accidents have several options open to them if neither party will admit liability.

Insurance company settlements
"The first lies with the insurance companies themselves," said John McCormick, a specialist in road traffic accident claims. "If it is obvious that the driver they have insured is at fault, the insurer can settle a claim on what they determine as the best terms."

Court proceedings
"The second route is like most conflicts," said John. "If the dispute on liability cannot be resolved by negotiation then court proceedings would need to be issued and the matter would go before a judge, who would consider the evidence and decide the issue of liability."

Compromise settlements
"A third course of action is to propose or agree a compromise settlement, such as a 50/50 settlement, which results in both parties recovering 50% of the value of their claim," said John.

"Although the drivers may feel they were not at fault, they may recognise the risk that the court could decide the issue of liability against them. Rather than run the risk of recovering nothing, a driver may be willing to settle the issue of liability on a compromise basis," he said.

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for victims of road traffic accidents.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.