After an accident, it may seem clear who caused it. But other times, insurance companies will try to make you look guilty, no matter what really happened. When they refuse to accept responsibility or claim that you share part (or all) of the blame, the situation becomes a disputed liability case.
In simple terms, disputed liability means there’s a disagreement about who is legally at fault for the accident. Understanding how and why disputes happen is key to protecting your right to fair compensation.
What Does “Disputed Liability” Mean?
In personal injury law, liability refers to who is legally responsible for causing the accident and the resulting injuries. When liability is disputed, one or more parties argue that they should not be held responsible or that another party shares fault.
These disputes are common after:
- Car and motorcycle accidents with conflicting witness statements
- Slip and fall incidents with no clear evidence of negligence
- Trucking accidents involving multiple companies or drivers
- Pedestrian or bicycle crashes with unclear traffic signals or visibility issues
Why is the insurance company saying it’s my fault?
Insurance adjusters frequently use “disputed liability” as a reason to delay, reduce, or deny your claim, even when evidence points clearly in your favor. Their goal is not to reimburse any money or the minimum amount.
Why Do Insurers Dispute Liability?
There are several reasons an insurance company may challenge fault:
- Lack of clear evidence: No video footage, no witnesses, or conflicting reports make it easier to dispute responsibility.
- Comparative negligence laws: In Washington, if you’re even partially at fault, your compensation can be reduced by your percentage of responsibility.
- Financial motivation: Accepting full liability means paying out more, so insurers often look for ways to shift blame.
- Multiple parties involved: In accidents with several vehicles or commercial drivers, each insurer may argue the other should pay.
Examples of Disputed Liability
Car accident with conflicting stories
Two drivers collide at an intersection. Each claims they had the green light. Without witnesses or camera footage, the insurer might split fault 50/50 — even if one party was clearly distracted.
Motorcycle accident without a helmet
A motorcyclist is hit by a turning car. The driver admits fault for not yielding, but the insurer argues the rider’s lack of a helmet contributed to the severity of the injuries, reducing compensation.
Slip and fall without warning signs
You slip on a wet floor at a grocery store. The store claims the spill “just happened” and that they didn’t have time to clean it up, arguing they weren’t negligent.
Truck accident involving multiple companies
A delivery truck crashes into another vehicle, but the driver’s employer argues that the trucking contractor—not the company—was responsible for vehicle maintenance. They’ll fight for it, while you just wait for your money.
Pedestrian accident with limited visibility
A driver claims a pedestrian “came out of nowhere” at night or outside a crosswalk. Without sufficient lighting or traffic camera footage, fault may be disputed.
Dog bite with shared responsibility
A neighbor’s dog bites someone during a backyard gathering. The owner blames the guest for “provoking” the dog, while the victim insists the animal was unrestrained — creating a dispute over who was truly at fault.
What To Do When Liability Is Disputed
- Gather evidence immediately
Take photos, collect witness information, and request a copy of the police report. Any detail can help prove fault. - Avoid giving recorded statements early
Insurance adjusters may twist your words to suggest you shared blame. Always consult your attorney first. - Consult a personal injury lawyer
An experienced attorney can help gather expert testimony, accident reconstruction reports, and other proof to strengthen your case. - Stay consistent with your story
Inconsistencies can harm your credibility. Make sure your written and verbal accounts align from the start.
How Attorneys Resolve Disputed Liability Cases
Your lawyer may use tools such as:
- Accident reconstruction experts to show how the crash occurred
- Surveillance footage or traffic camera data to verify fault
- Medical records to demonstrate the timing and cause of injuries
- Witness depositions to clarify unclear details
Most disputed liability cases are resolved through negotiation, but if the insurer refuses to accept responsibility, your attorney can file a lawsuit and present the evidence in court.
The Bottom Line
Disputed liability doesn’t mean you’re out of options — it means the insurance company is questioning your claim. These disputes are common, but with proper evidence and legal guidance, fault can be proven.
If you’ve been told your claim is being denied due to “disputed liability,” don’t accept that at face value. The Advocates can help investigate your case, determine who was truly at fault, and fight for the compensation you deserve.