What if you are unsure who was at fault?

Separate the facts from your interpretation

You may remember a collision clearly but still be unsure how responsibility should be assessed. Start with what you actually observed: vehicle movements, the location, signals, road conditions and what happened immediately before the incident.

If you did not see something, say so. Distinguish your own recollection from information supplied by a witness or another person afterwards. There is no need to fill gaps with guesses.

What does liability mean?

In a claim, liability concerns legal responsibility. An insurer may accept responsibility, deny it or accept only a share. Acceptance that a collision happened does not always mean agreement that it caused the injury being claimed.

Official Injury Claim provides separate guidance for these responses. If your claim uses another process, ask your adviser to explain the response you have received and the options that apply.

Keep information that can help

Rather than trying to argue the case at the scene or on social media, keep the information that could help someone assess it:

• Original dashcam or other footage, including the lead-up to the incident
• Photographs showing the wider scene as well as damage
• Independent witness details and relevant incident references
• Letters, emails or portal messages setting out the insurer’s position

What if I disagree with the insurer?

A disputed response does not necessarily end the process. Official Injury Claim explains how users can challenge denied or partial liability, although what is sensible in an individual case depends on the evidence and the applicable procedure.

Ask for the reasoning to be explained before agreeing to a response you do not understand. If court action is being considered, obtain advice about the steps, deadlines and potential costs. Simply making an enquiry does not start court proceedings.