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What Happens When Liability is Accepted?
If the defendant’s insurer accepts liability on their client's behalf, it means that they are assuming legal responsibility for your accident and injuries. An admission of liability is a crucial (although not always necessary) stage in resolving a case.
Once liability has been admitted, the case can proceed to settlement.
If you have been given an offer by an insurance company but do not have a solicitor working alongside you, it is vital that you seek legal advice. Insurance companies are often keen to arrange an out-of-court settlement straight away, but these offers rarely cover your needs and expenses. For information, take a look at this article.
Admitting Liability Save for Causation
In some cases, a defendant’s insurer will agree that liability is accepted, save for causation. This means that the defendant requires evidence, usually medical, that your injuries were caused as a result of the accident. The defendant is not disputing that the accident occurred, or that their actions were responsible for it, but they require that you prove the injury you have is as a result of the accident.
If liability is admitted save for causation, your lawyer will arrange for the necessary evidence to be collated and submitted to the defendant’s insurer, so that the case can be settled.
Accepting Liability With Contributory Negligence
Liability can be accepted with other stipulations - the most common is contributory negligence. This is where the defendant agrees that they were the cause of the accident, but you contributed to the accident. For example, if you have had a slipping accident while wearing shoes with no grip, the defendant’s insurer may suggest your footwear was partially to blame for the accident.
If a defendant’s insurer requests that you admit some contributory negligence in a case, your lawyer will advise you if this is appropriate. If it is appropriate, the level of contributory negligence must be agreed by both sides. For example, if you accept 25% contributory negligence, then you will receive 75% of the total agreed compensation amount.
Your lawyer may not agree, or may feel that the proposed level of contributory negligence should be reduced. Your lawyer will advise you if this is the case, and negotiations will take place.
Not Satisfied With Your Solicitor?
If you are not satisfied by how the law firm you have appointed is handling your case, we offer a “Check My Claim” service so you can get a second opinion on the service you are receiving from your current solicitor.
We can check your claim if:
- Your case has been mishandled or progress has taken too long
- You have been told your claim is not worthwhile pursuing
- You are not happy with the amount of compensation you have been told you will receive
- Your solicitor has settled your case on a lower amount of compensation that you feel you deserve
For more information on how you can switch solicitors, take a look at our dedicated page.
Talk to Us
To speak to an expert about an injury that was caused by somebody else’s negligence, contact JMW today to make a claim. Our solicitors are waiting to hear from you and are happy to answer any questions you may have.