Being in a car accident can be a life-changing experience, especially when you’re injured as a result. The situation can become even more challenging if the other driver denies hitting your car and refuses to accept responsibility, as this can complicate any compensation claim or insurance matters. When faced with a denial of liability, it’s important to know your rights and understand the steps you can take to protect yourself and pursue a personal injury claim.

Here, JMW will guide you through what to do if someone denies causing a road traffic accident that has left you injured.

Immediate Steps to Take After the Accident

When you’re involved in a road traffic accident it’s crucial to act quickly and decisively to protect the people involved while upholding your rights.

Ensure Safety First

The first priority after any road traffic accident is to ensure the safety of everyone involved. If possible, move your vehicle to a safe location to prevent further incidents. Turn on your hazard lights and, if necessary, set up warning triangles to alert other drivers. Check yourself and any passengers for injuries and seek medical attention if needed. Even if you feel fine, some injuries might not be immediately apparent, so it’s wise to get checked by a medical professional as soon as possible.

Call Emergency Services

It’s essential to report the accident to the police, especially if there are injuries or significant damage to vehicles. In the UK, dial 999 for emergencies or 101 for non-emergency situations. The police can document the scene, which could be crucial if the other party later denies liability. Additionally, if someone is injured, an ambulance should be called to provide immediate medical care.

Gather Information at the Scene

One of the most important things you can do after a car accident is to collect as much information as possible. This includes taking photos of the accident scene, the vehicles involved, and any visible injuries. Make sure to get the names, contact details, and insurance information of the other driver(s), as well as any witnesses who saw the accident happen. Their statements could be used as evidence if the other driver denies liability. Remember, the more evidence you have, the stronger your personal injury claim will be.

Avoid Admitting Fault

In the confusion following an accident, it can be tempting to apologise or make statements that could be interpreted as an admission of guilt. However, it’s important to avoid saying anything that could be taken as you accepting blame for the accident. Stick to the facts when speaking to the other driver, the police, or witnesses, and let the investigation determine who was at fault. This will protect your position if the other party later denies liability.

Documenting the Accident and Your Injuries

Personal injury claims require thorough documentation to build a strong case, particularly when the other party denies liability for the accident.

Record Details of the Accident

While the incident is still fresh in your mind, take the time to write down a detailed account of what happened. Note the date, time, location, and weather conditions at the time of the accident. Describe the sequence of events leading up to the collision, and include any relevant details such as road markings, traffic signals, or the behaviour of the other driver. This written account can serve as a valuable reference if you need to recall details later on, especially if the other driver disputes the facts.

Seek Medical Attention

Even if your injuries seem minor at first, it’s worthwhile to seek medical attention immediately after the accident. Some injuries, such as whiplash or internal injuries, might not present symptoms until hours or even days later. The earlier these injuries are detected and diagnosed, the better your chances of a full recovery. A medical professional can assess your condition and provide a detailed report of your injuries, which will be vital in supporting your personal injury claim. This medical evidence will help establish a clear link between the accident and your injuries and strengthen your case, particularly if the other driver denies liability.

Keep All Documentation

In the aftermath of the accident, it’s important to keep all relevant documentation. This includes medical reports, receipts for any treatment or medication, and repair estimates for your vehicle. If you miss work due to your injuries, keep records of your lost earnings as well. All of this documentation will help substantiate your personal injury claim and demonstrate the impact the accident has had on your life, and will also affect how much compensation you could be owed. Your personal injury lawyer will use this evidence to build a strong case on your behalf.

The Role of Medical Evidence in Your Personal Injury Claim

Personal injury claims rely heavily on evidence, particularly when the other party denies liability. Demonstrating the extent of your injuries and linking them directly to the car accident is crucial to proving your case.

Importance of Medical Evidence

Medical evidence serves as an objective record of the injuries you sustained in the accident. It provides detailed information about the nature and severity of your injuries, the treatment you have received, and any ongoing or future medical care you might require. This evidence shows how the accident has impacted your health and wellbeing, which makes it a critical component of your personal injury claim.

How to Obtain Medical Reports

After the accident, seek medical attention as soon as possible, even if your injuries seem minor. Your GP or hospital doctor will create medical records that detail your condition and the treatment provided. To strengthen your claim, you may also need a more detailed report from a specialist who can provide an expert opinion on your injuries and their likely long-term effects. Your personal injury lawyer can help to arrange reports that are comprehensive and that support your claim.

Working with Your Personal Injury Lawyer

Your personal injury lawyer will use this medical evidence to build a strong case on your behalf. They will present the evidence to the insurance company and, if necessary, in court to demonstrate the full extent of your injuries and the impact on your life. This evidence will be critical in securing the compensation you deserve, especially when faced with a denial of liability.

The Process of Claiming Compensation

The process of claiming compensation after a car accident can be complex, especially when the other party denies liability. However, understanding the steps involved can help you feel more confident as you pursue your personal injury claim.

Steps in the Claim Process

The first step in claiming compensation is to gather all necessary evidence, including medical reports, witness statements, and documentation of the accident scene. Your personal injury lawyer will then submit a claim to the other driver’s insurance company detailing the circumstances of the accident and the injuries you have sustained. If the other party denies liability, your lawyer will use the gathered evidence to challenge this denial and argue your case. A 'No Win No Fee claim' allows you to pursue a claim without upfront costs, as your lawyer only gets paid if the case is won.

The insurance company may then respond with an offer of compensation. If the offer is fair, your lawyer will advise you to accept it. However, if the offer does not adequately cover your injuries and associated losses, your lawyer will negotiate on your behalf to secure a more appropriate settlement. If a fair agreement cannot be reached, your case may go to court, where a judge will decide on the compensation amount.

Timeframes to Be Aware Of

It’s important to be aware of the time limits for making a personal injury claim in the UK. Generally, you have three years from the date of the accident to file a claim. However, certain circumstances, such as when the injury is not immediately apparent, may extend this timeframe. Your solicitor will ensure that all deadlines are met and file your claim in a timely manner.

What Happens if the Claim Is Successful?

If your claim is successful, you will be awarded compensation that reflects the severity of your injuries, the impact on your life, and any financial losses you have incurred. This could include compensation for pain and suffering, medical expenses, lost earnings, and ongoing care needs. Your solicitor will guide you through the claims process and ensure that all aspects of your claim are addressed.

What to Do If Your Claim is Rejected

It can be disheartening if your personal injury claim is rejected, especially after the stress of a car accident and dealing with denied liability. However, a rejection does not necessarily mean the end of your pursuit for compensation. There are several steps you can take to challenge the decision and continue seeking the justice you deserve.

Appealing the Decision

If your claim is rejected, you have the right to appeal the decision. This involves reviewing the reasons for the rejection and gathering additional evidence or clarification to support your case. Often, a rejection may be due to insufficient evidence, incomplete documentation, or a misunderstanding of the facts. We will guide you through the appeals process to help you address any issues that led to the initial denial and strengthen your claim.

Seeking Further Legal Advice

It’s crucial to seek further legal advice if your claim is rejected. A new, more experienced personal injury lawyer can provide a fresh perspective on your case and explore alternative strategies to secure compensation. They may recommend gathering more detailed medical evidence, obtaining expert witness testimony, or challenging the insurance company’s assessment of liability. With the right legal support, you can significantly improve your chances of a successful appeal.

Alternative Routes to Compensation

If the appeals process does not lead to a favourable outcome, your lawyer may suggest other routes to compensation. This could involve taking your case to court, where a judge will assess the evidence and make a final ruling. While this can be a more time-consuming and stressful option, it may be necessary if the insurance company refuses to settle fairly. Your lawyer will provide you with clear advice on the best course of action and will support you throughout the legal process.