What if I am unsure who was at fault for the accident?

To have a valid compensation claim for a personal injury, you must be able to prove that it was caused by someone else and that they owed you a duty of care. In many cases, liability is clear and seeking compensation is relatively straightforward. But what happens when you are not sure who was at fault for the accident?

The first point to make is not to worry. A personal injury solicitor will assess the merits of your case and determine who the liable party is during a free case assessment. Furthermore, you can often make a claim even if the person to blame is unidentified or uninsured. The most common examples of this are criminal assaults and hit-and-run accidents.

In this guide, we will explain what liability means, the requirements for making a personal injury claim, and what can happen if you are unsure who was at fault for your accident.

If you’ve had an accident and are unsure who is to blame, feel free to call 0800 470 0474 or request a call back for free legal advice. If you are eligible to make a claim, you will receive a no win no fee service and dedicated support at every step of the process.

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Table of Contents

• What are the requirements to have a valid compensation claim?
• Can I still claim if I am unsure who was at fault for my accident?
• Examples of claims where blame could be uncertain
• What if I was partially at fault for the accident?
• What evidence could help establish liability and support a claim?
• Claims through the Criminal Injuries Compensation Authority
• Claiming compensation through the Motor Insurers Bureau
• Claiming through the Armed Forces Compensation Scheme
• Time limits to start a personal injury claim
• What can I claim compensation for?
• How much does it cost to make a claim?

What are the requirements to have a valid compensation claim?

Generally, to be able to make a successful personal injury claim, you must meet the following requirements:

• Duty of care. The defendant, be it your employer, a doctor, the driver of a car or another party, owed you a legal duty of care to protect your safety and well-being. This duty is outlined by various legislation, such as the Health and Safety at Work Act 1974 and the Road Traffic Act 1988.
• Breach of duty. You need to prove that they failed to uphold this legal duty through negligence, recklessness or failure to follow safety procedures.
• Causation. It must also be proven that the negligence directly led to an accident or unsafe conditions that caused you to suffer harm.
• Damages. You must have suffered measurable harm, such as a physical or psychological injury. In most cases, damages also include financial loss.
• Time limit. Under the Limitation Act 1980, you must also comply with the time limit set for making a claim, which is usually three years after an accident.

Can I still claim if I am unsure who was at fault for my accident?

As you can see above, proving that another party was negligent and caused your injuries is essential to have a valid claim. In most situations, it is clear who was at fault. But in some cases, you may not be sure who is to blame for your accident.

This usually occurs under the following circumstances:

• The identity of the person who caused the accident or injury is unknown, such as in a hit and run car accident or a criminal assault.
• The claimant was partly to blame for the circumstances that caused their injuries, so proving the fault of another may be more complex.

In both scenarios, your personal injury lawyer can help you claim compensation for your injuries and will have the expertise to determine who was responsible.

If finding the liable party is not possible, they may be able to guide you to an organisation that arranges compensation payments for situations where a defendant cannot be traced.

Examples of claims where blame could be uncertain

Blame in personal injury cases is not always clear-cut. Sometimes, liability may be shared, disputed or hard to establish and thorough investigations may be necessary to identify who was at fault. Some examples include:

• If there is a car collision involving multiple vehicles, it may be hard to establish the extent to which each driver contributed to the incident;
• If there is a car park accident where two drivers were pulling out of their parking spaces, both could be seen as being at fault, as neither had the right of way;
• In rear-end collisions, it may be unclear whether the driver behind was speeding or driving too closely or the one in front stopped suddenly;
• If you are claiming for dermatitis, mesothelioma or another illness caused by long-term exposure to irritants, it may be hard to prove the exposure occurred at work and not elsewhere;
• If you have an accident at a shopping centre, your claim could be made against an individual retailer or the owner of the complex;
• If a child is injured on a playground, it may be unclear whether it was due to unsafe equipment or lack of supervision;
• If you have an accident due to poor road conditions, it could be complicated to establish whether the local authorities, an independent contractor, or a utility company should be held liable.

These are just a few examples of situations where negligence and liability may not be straightforward.

What if I was partially at fault for the accident?

If you were partly responsible for the accident that resulted in your injuries, you would still be eligible for compensation.

However, the amount of damages awarded will be reduced by the percentage of responsibility that you hold for the accident, known as contributory negligence. For example, if you suffered injuries valued at £40,000 and are found 25% at fault, your compensation will be reduced by this percentage, so you will only receive £30,000.

Examples of contributory negligence include:

• Not wearing a seatbelt.
• Riding a motorbike without protective gear.
• Misusing your safety equipment at work.
• Failing to wear protective gear when required.
• Ignoring warning signs for wet floors or similar hazards.

What evidence could help establish liability and support a claim?

Various types of evidence could help your solicitor establish who is to blame for your accident and support your claim. These include:

• Photographic or video evidence of the accident scene, any hazards that contributed to it (such as faulty equipment or broken pavement) and your injuries;
• Dash cam or CCTV footage from nearby security cameras that can show how the accident occurred in real time;
• Statements from witnesses who saw what happened or were aware of the conditions that led to your accident or injuries;
• Medical records and reports that confirm the nature and severity of your injuries, their long-term impact and your future care needs;
• Accident reports if you were injured at work or in a public place such as a shop or restaurant;
• A copy of a police report if your injuries resulted from a criminal assault or hit-and-run;
• Training and safety records if you had an accident at work;
• Copies of any communication you had with the defendant, such as emails, messages or complaints;
• You also need proof of financial losses and expenses incurred as a result, such as medical treatments, lost wages or home adaptations.

Your solicitor will assess your evidence and help you gather further documents to establish liability and build a strong case.

Claims through the Criminal Injuries Compensation Authority

The Criminal Injuries Compensation Authority (CICA) operates as an executive agency of the UK government. This scheme offers financial support to victims of violent crime, regardless of whether the perpetrator was identified or convicted.

To be eligible for CICA compensation, these criteria must apply to your case:

• The incident happened in Scotland, England or Wales, where you were a resident at the time;
• You have suffered a physical or psychological injury that is severe enough to meet the CICA requirements (valued at a minimum of £1,000);
• Your behaviour did not contribute to the incident, which means you did not instigate the offender;
• You have reported the crime to the police within the shortest time possible, preferably within 48 hours;
• You have fully cooperated with the CICA and the authorities.

The CICA offers various types of payments, such as for pain and suffering, financial losses, funeral payments, financial and physical dependency and bereavement.

Claiming compensation through the Motor Insurers Bureau

The Motor Insurers Bureau (MIB) is an organisation founded in 1946 to help victims of uninsured or hit-and-run drivers. The MIB is funded by contributions from motorists who pay their compulsory motor insurance.

Hit-and-run accidents are a significant issue in the UK. In 2021 alone, they have caused 7,708 casualties, including 773 severe injuries and fatalities. Failing to stop after an accident is also a criminal offence, which could result in fines and imprisonment.

If you had a road traffic accident and the culprit is untraceable, you may be eligible to claim through the MIB. The MIB provides compensation for personal injuries, as well as damage to property, financial expenses or the loss of a loved one.

To make a successful claim, you should report the hit-and-run to the police and gather as much evidence as possible, such as details of the other car, witness contacts and photographs of the damage and your injuries.

Once your claim is submitted, the MIB will conduct investigations to verify the accident details. If the claim is approved, you will receive a compensation offer, typically within several months. In some cases, you could also apply for interim payments.

Claiming through the Armed Forces Compensation Scheme

The AFCS is a government scheme that provides financial compensation to military personnel who have suffered an injury or illness due to their service. The key features of the AFCS are:

• It is a no-fault scheme, which means you do not have to prove negligence to start a claim. In other words, it does not matter who was at fault for the harm you suffered.
• To be eligible for AFCS compensation, you must only prove you were a serving member of the UK Armed Forces at the time of injury or illness. This includes the British Army, the Royal Navy, and the Royal Air Force, whether reservists or regular serving personnel.
• The scheme offers a tax-free lump sum payment for pain and suffering based on the type and severity of your injury. It ranges from £1,236 for injuries such as simple fractures up to £650,000 for severe amputations or brain damage.
• You could also get a monthly Guaranteed Income Payment (GIP) for life if you suffered a severe injury. The GIP is based on your age, salary and the severity of your injury.
• You can also make an AFCS claim if a loved one has passed away during military service or from a related injury or illness after discharge.

Time limits to start a personal injury claim

The time limit to claim compensation for an injury is generally three years, starting from the time of the accident. However, there are some exceptions to this rule:

• If you developed an injury or illness due to prolonged exposure to unsafe conditions, the three years begin from when you became aware of your condition (the date of knowledge).
• You can make a child accident claim at any time before the child’s 18th birthday. Afterwards, they have three years to make a claim themselves.
• There is no limitation date if the claimant does not have the mental capacity to handle legal proceedings. A litigation friend could claim for them anytime.
• There is a two-year time limit to make a CICA compensation claim following a criminal assault.
• If your accident occurred during military service, you have seven years to make a non-fault claim through the AFCS.

What can I claim compensation for?

If you were injured in an accident that was at least in part someone else’s fault, you can claim two types of damages:

General damages compensate for the non-financial losses suffered due to the injury. They are subjective and do not have a direct monetary value attached to them. Examples include:

• Physical pain and emotional distress
• Scarring and disfigurement
• Physical and mental disability
• Loss of amenities, such as the ability to enjoy hobbies and activities
• Reduced life expectancy
• Loss of consortium and companionship

General damages are calculated using the Judicial College guidelines and can be up to £493,000 for a severe brain injury.

Special damages cover financial losses incurred due to the injury. These are quantifiable and must be proven with evidence, such as receipts and invoices. Examples include:

• Past and future medical expenses, such as private treatments and rehabilitation
• Loss of earnings and earning capacity
• Travel expenses related to the injury, such as going to the hospital or therapy sessions
• Costs for modifying your home or vehicle to accommodate a disability

How much does it cost to make a claim?

The solicitors we partner with will offer you a no win no fee service if you are able to claim compensation. That means you do not have to pay them a single penny upfront, and you will not have to take any financial risks.

Under this agreement, you only pay your solicitor if they make a successful claim. In this case, your solicitor is entitled to a small percentage of your compensation. This is known as a success fee and is capped at 25% of your past financial losses and general damages.

If you are unsure who caused your accident but want to find out if you can make a claim, call 0800 470 0474 for free legal advice. Alternatively, use our contact form to request a call back.