What Happens If a Personal Injury Claim Is Disputed?
Posted on: October 5th, 2026
If you've been injured in an accident and are considering making a personal injury claim, you may be wondering what happens if the other party disputes responsibility.
A disputed personal injury claim can make the process more complicated, particularly if the other party or their insurer refuses to accept liability. However, this doesn't automatically mean you cannot pursue compensation.
Understanding how liability is established, what evidence may be needed and what happens if an agreement cannot be reached can help you understand your options and the next steps.
What does it mean when a personal injury claim is disputed?
When making a personal injury claim, you generally need to establish that another person or organisation was legally responsible for your injury.
This is known as liability.
A claim may be disputed if the other party, or their insurer, disagrees about:
Who was responsible: They may deny that their actions or lack of action caused the accident.
How the accident happened: They may have a different account of the events.
Whether they were negligent: They may argue that they took reasonable steps to prevent the incident.
The extent of your injuries: They may question whether your injuries were caused by the accident or how serious they are.
In some cases, responsibility may be partly accepted, while other aspects of the claim remain disputed.
What evidence can help support my claim?
Evidence plays an important role in establishing what happened and who may be responsible.
The type of evidence needed will depend on the circumstances of your accident, but it may include:
Photographs and videos: Images of the accident location, any hazards, damage or visible injuries.
Witness statements: Accounts from people who saw what happened or can provide relevant information.
Accident or incident reports: Records made at the time of the incident, including workplace or public liability reports.
Medical records: Documents showing the injuries you sustained, any treatment received and how your recovery has progressed.
CCTV or dashcam footage: Recordings that may help establish how an accident occurred.
It's worth keeping any relevant information you have, even if you're unsure whether it will be useful. A solicitor can help identify what evidence may support your case.
Can I still make a personal injury claim if liability is disputed?
Yes. A disagreement over responsibility does not automatically prevent you from pursuing a personal injury claim.
The important thing is whether there is sufficient evidence to establish that another party was legally responsible for your injury.
In England and Wales, this is generally assessed on the balance of probabilities. In other words, it must be more likely than not that the other party was responsible.
If you were partly responsible for the accident, you may still be able to make a claim. This is known as contributory negligence and can affect the amount of compensation you receive.
Every case is different, so it's important to understand how the circumstances of your accident may affect your position.
What happens if the other party continues to dispute my claim?
If liability cannot be agreed, further investigation may be needed to establish what happened.
This could involve gathering additional evidence, obtaining medical reports and reviewing the accounts provided by everyone involved.
In many cases, the parties may still be able to reach an agreement through negotiation. However, if responsibility remains disputed or a settlement cannot be reached, court proceedings may sometimes be necessary.
Not every disputed claim will go to court. The next steps will depend on the circumstances, the evidence available and whether an agreement can be reached.
How can a solicitor help with a disputed personal injury claim?
Dealing with a disputed claim can feel frustrating, particularly when you're already managing the impact of an injury.
A solicitor can help by:
Reviewing the circumstances of your accident and explaining whether you may have grounds for a claim.
Identifying and gathering relevant evidence.
Communicating with the other party and their insurers.
Explaining any disputes over liability and what they could mean for your claim.
Advising you on the next steps, including whether court proceedings may be necessary.
Having the right guidance can help you understand the process and make informed decisions about how to proceed.
Speak to Atha & Co Solicitors
If someone else was responsible for an accident that left you injured, you shouldn't assume that a disagreement over liability means the end of your claim.
At Atha & Co Solicitors, we have over 50 years of experience helping people understand their legal options. Our friendly team can provide clear, straightforward advice and guide you through the personal injury claims process.
We also offer No Win No Fee arrangements on eligible claims, meaning you may be able to pursue compensation without paying legal fees upfront.
Choose the one you know.
If you believe you may have a personal injury claim, even if the other party disputes responsibility, visit our Contact Page to get in touch with Atha & Co, or call us directly on 01642 222575.