Picture this: You are minding your own business at a red light. Suddenly, you feel a sickening crunch from behind. Someone has run into the back of your car. Now you deal with whiplash and a damaged bumper, while also facing the headache of sorting everything out.
The first thing you need to do after an accident is determine whose fault it is. In legal terms, it’s called liability. Sorting it out properly can be the difference between walking away whole and being left out of pocket.
Liability is the foundation of your entire claim. It determines who pays for your car’s repair costs and also affects injury claims.
In this article, we will explain key details of liability and how car accident claims management in London can help you.
What Does Liability Mean in a London Car Accident Claim?
Under UK law, every driver has a responsibility to operate their vehicle safely. When someone fails to do that and causes an accident, they’re liable.
Now, car accident claims generally fall into three categories. A fault claim is when you caused the accident. In that situation, you’re making a claim on your own insurance.
A non-fault claim is when someone else caused it. In that case, you’re claiming against their insurance.Split liability is when both parties share some degree of responsibility.
This difference matters enormously. If you’re found at fault, even partially, it affects your no-claims bonus. Your future premiums go up, and you might not recover all your losses. If you’re non-fault and can prove it, the other driver’s insurance should cover everything. That includes repairs, injury compensation, lost earnings, and more.
Who Determines Liability in a London Car Accident?
The people who determine liability are the insurance companies involved. Your insurer will investigate what happened. The other driver’s insurer will also investigate what happened. They gather evidence and negotiate between themselves about who was responsible.
Sometimes it’s clear-cut.
A rear-end collision is almost always the fault of the driver behind, for instance. Other times, both insurers dig their heels in. They refuse to accept that their driver was at fault. When that happens, it can drag on for months.
This is where independent evidence becomes crucial. You need solid proof that backs up your version of events. You can’t just rely on your insurer to fight your corner.
Key Factors Used to Determine Liability in London Car Accidents
These are the key factors that help determine liability in car accident claims:
Highway Code Rules and Road Traffic Laws
The Highway Code sets out all the rules of the road. When there’s an accident, investigators first look at whether anyone broke these rules. If you followed them and the other driver didn’t, liability falls on them. If you both broke the rules, you’re looking at split liability.
Some Highway Code breaches almost automatically establish fault. Running a red light is the classic example. If someone ploughs through a red and hits you, that’s their fault. Similarly, not checking blind spots before changing lanes creates clear liability. Tailgating and using a mobile phone while driving create clear liability as well.
Evidence From the Accident Scene
Dashcam footage is the single best thing you can have. It shows exactly what happened from your perspective. Insurance companies also take it very seriously.
If your dashcam shows the other driver running a red light, your claim becomes straightforward. If it shows the other driver pulling out without looking, your claim strengthens.
Photographs matter too. Right after an accident, take photos of the scene, vehicles, and damage to all cars involved. Don’t forget to photograph skid marks on the road, any relevant signs, and the weather and lighting conditions. Most importantly, take photos of the other vehicle’s number plate.
These photos help reconstruct what happened. They can contradict the other driver’s version of events and matter if the other driver later tries to blame you.
Witness Statements
Independent witnesses are incredibly valuable. They saw the accident but weren’t involved, so they have no reason to lie.
If someone saw the other driver texting, their statement helps. If someone saw you stationary when rear-ended, their statement can seal your non-fault claim.
The problem is getting their details. If you can safely do so, approach anyone who stopped. Ask if they’d provide a brief statement and try to get their contact details.
People involved in the accident can also give statements. Investigators treat these with more scepticism because you’re obviously going to say it wasn’t your fault. The other driver will say the same thing.
Witness statements make it easy to determine who was at fault.
Police Reports and Accident Records
When the police attend, they’ll create a report. That report usually includes observations about road conditions, whether anyone appeared under the influence, if any traffic offences were committed, and the statements given by each driver at the scene.
A police report isn’t a determination of civil liability, but it still carries strong persuasive value. If police charge the other driver with careless driving, insurers take notice.
How Claims Management Services Help in Non-Fault Liability
Here’s how claims management services can help you in a non-fault car accident:
Gathering and Preserving Evidence
Claims management companies know what they’re looking for and where to find it. Within hours of you reporting the accident, they’ll request CCTV footage from TfL and local councils.
They may also arrange for your vehicle to be properly inspected by an independent engineer. The engineer can analyse the damage and write a report explaining how the accident must have happened. Insurers trust reports produced by qualified experts.
Some claims management companies also provide vehicle storage with 24/7 CCTV. This helps preserve the evidence in case the insurers raise any objections over your claim.
Dealing with Insurers on Your Behalf
Your accident claims management company in London will handle the entire process. You don’t have to spend hours on the phone with the insurers. The claims company deals with both insurers.
They push back when insurers try to avoid liability and make sure your claim is handled as non-fault throughout. They know the tricks insurers use. They can counter those tricks expertly.
Protecting Your No-Claims Discount
Your no-claims discount can be worth hundreds or even thousands of pounds on your annual premium. Protecting it after an accident is crucial. If the claim is handled properly as non-fault, your no-claims discount stays intact. If it’s treated as fault or split liability, you lose years of discount.
When you go through a claims management company for a non-fault accident, they ensure the claim is logged correctly so it doesn’t impact your no-claims discount.
Managing Repairs, Replacement Vehicles, and Personal Injury Claims
Beyond establishing liability, claims management companies will arrange for your car to be repaired at an approved garage. They often collect it from you and return it when repairs are done. They also sort out a like-for-like replacement vehicle for you to drive in the meantime. That way, you’re not stuck in a small courtesy car when you normally drive an estate.
Final Thoughts
Insurance companies employ entire teams of people whose job is to protect their profits. Facing them alone, without expertise in how the system works, puts you at a massive disadvantage. Accident claims management in London levels the playing field.
These companies know the law and the tactics insurers use. They are also aware of your rights and will fight to make sure you get what you deserve. After someone crashes into you through no fault of your own, that’s exactly the support you need.
