Can I make an injury claim if I don’t know who's to blame?
If you don’t know who is to blame for your injury, you may still be able to make a claim. Identifying liability can be complicated, especially in cases like hit-and-run accidents, workplace incidents, or injuries on public land.
Personal injury solicitors are skilled at investigating and gathering evidence to pinpoint who is responsible. Even if the party at fault cannot be found, or even identified, there may still be ways to claim compensation, such as through the Motor Insurers' Bureau for road accidents or the Criminal Injuries Compensation Authority for violent crimes.
What do we mean by 'to blame'?
Establishing who is legally to blame (liable) for an injury may be more complicated than simply knowing the identity of the other party involved in the accident.
If you decide to pursue a compensation claim, your solicitor will need to be able to demonstrate that the other party owed you a duty of care.
It must also be established that the actions or negligence of the other party caused your accident, and that your injuries were sustained as a direct result of the accident (causation).
Identifying the defendant
The first thing your solicitor must do is identify the person or organisation that is (or may be) liable for your injury (the 'defendant')
In the majority of injury cases, it will be clear who is to blame. If you are injured at work, for example, your employer will probably be the defendant. If you were involved in a car crash, it will most likely be the other driver.
However, there are occasions when the identity of the party at fault is not immediately apparent or clear cut. For example if you were:
- in a hit-and-run accident
- a self-employed worker
- diagnosed with an industrial disease years after exposure
- injured in a car crash when not wearing a seatbelt
- injured on public land
Personal injury solicitors are experts at ascertaining who is liable for an injury in any given circumstance. Your solicitor will carry out the necessary research to identify the defendant and, if possible, the defendant's insurance company.
The solicitor will then send a formal 'letter of claim' to the defendant.
I don’t know who was to blame - can I still start a claim?
Yes. You may not know who is liable for your injury but that should not deter you from seeking legal advice.
If you don't know who caused your injuries, starting a claim as soon as possible is important. Greater reliance will be placed on eyewitness accounts. The closer these witness accounts are to the date of the accident, the more reliable they will be (especially if your case goes to court).
Once you have started your claim, your solicitor will work with you to build an accurate picture of the circumstances surrounding your injury or illness. This process will involve a detailed discussion and completion of various forms.
To identify the defendant and build the most robust possible case, your solicitor will gather evidence from all potential sources, including police reports, eye witness accounts, CCTV recordings, accident reports, and so on.
Once the party at fault has been identified, your case can then proceed.
If following the evidence discovery phase, it is still uncertain as to who is liable for your injuries, it may still be possible to make a claim.
What happens if the solicitor cannot identify who is to blame?
Making a successful claim when liability cannot be ascertained will depend on the context of the injury:
| Type of Injury | Process if a defendant is not identified |
|---|---|
| Untraceable driver/Hit and run road accident |
If you were injured by another driver who fled the scene, a claim could be pursued through the Motor Insurers' Bureau (MIB). The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraceable drivers. Contributions from car insurance premiums fund the MIB. You can claim through the MIB as an injured car driver, motorcyclist, cyclist or pedestrian. IMPORTANT - you must have reported the accident to the police within 14 days, or you will not be able to make a claim. You can either claim directly through the MIB or ask your solicitor for assistance. |
| Criminal injuries |
If you are the victim of a violent crime, you may be able to claim compensation from the Criminal Injuries Compensation Authority (CICA), even if the offender is not identified or convicted of the crime. The CICA is a government agency that has the authority to pay compensation to the innocent victims of crime England, Wales or Scotland. The CICA is funded by public money. The agency pays out compensation claims regardless of whether the person who committed the crime is caught, prosecuted or convicted. You can either claim directly through the CICA or ask your solicitor for assistance. |
| Industrial disease | Industrial diseases are often contracted as a result of prolonged exposure which may span many employers. RSI and noise-induced hearing loss are common examples. In these cases, liability may be equally apportioned across all employers where you were exposed to adverse conditions. |
| Asbestos-related disease |
In cases of asbestos-related disease, workers may have been at risk of exposure numerous times during their working life. Legislation exists to compensate workers affected by asbestos exposure, and their families, in cases where it is not clear which company they were working for when the exposure occurred. For example, you might have worked for three companies back-to-back where you were exposed to asbestos. In this example, it would be impossible to say, in isolation, which the company is responsible. Blame would be apportioned across all three companies and compensation paid by all 3 companies. |
| Public place accidents |
If you were injured in a public place and the accident was not sustained in a work, road or criminal context, the owner of the land may be liable. The solicitor will endeavour to identify the owner of the land and pursue a claim through them. If you were assaulted in a public place, then a claim could be pursued through the CICA |
You may also be interested in:
Can I claim compensation if I was partly responsible for an accident?
Can I claim injury compensation if it was an accident?
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or arrange a callbackAuthor:
Howard Willis, Personal injury solicitor
About the author
Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.