The vast majority of injury claims are processed successfully, however there are some that are rejected. Here’s the top 5 most common reasons an injury claim is rejected:
1. Liability is contested
It’s important to remember that when a personal injury claim is made, the other side will investigate the claim themselves. If they feel that you – the claimant – is wholly or partly to blame for your accident, they will contest liability. If this is the case, it is up to your lawyers for injury to prove beyond all reasonable doubt that the other side’s contestation is wrong.
2. Claim value is contested
Sometimes, the other side might think you are being greedy, or that the claim demand made by your solicitor is not fair and proportionate to your injuries. Compensation is made up of two parts, which are general damages and special damages. General damages are where value is usually contested, because special damages are backed up by earnings records and bills. If your claim value is contested, either your solicitor will present new evidence, or a new settlement figure will be negotiated between both parties.
3. No settlement can be agreed
Sometimes, the other side may not accept any settlement offered by your solicitor, in which case they will reject your claim. If this is the case, it is likely your solicitor will file court proceedings because this is the only way to get an unresponsive party to communicate. A lot of insurance companies fold under this, deciding to pay the original settlement amount, but should a claim go to court, don’t worry. Your solicitor will advise you moving forwards.
4. Evidence to the contrary
If evidence emerges showing that you were partly or wholly to blame for an accident, such as if CCTV footage emerges showing you crossed a main road on a green light without looking and you claimed that the other side was speeding (but they weren’t), the other side will reject your claim and they may even file a claim against you for wasting their time and lying. It’s important to note that most claims are truthful and legitimate, however the importance of telling the truth and filing an honest claim cannot be overstated.
5. Split liability is the best move
In cases that are not clear cut and liability cannot be ascertained, a personal injury claim may be rejected and a new claim may be made claiming split liability. Split liability can be 75/25 or 50/50. This is common in cases where you allege one thing, and the other side alleges something else entirely. If it cannot be proved beyond all reasonable doubt that your version of events is the truth, then split liability may be the best move forward.