If we’ve assessed your claim as a fault or split liability case, and you disagree, you can challenge the decision — but you’ll need to provide clear supporting evidence.
What fault and split liability mean
A fault claim means we believe you were responsible, or we couldn’t recover costs from the third party.
A split liability claim means both parties share fault (e.g. 50/50 or 70/30).
These decisions affect your No Claims Discount and future insurance premiums.
Why claims are often treated as fault
We may classify your claim as fault if:
The third party hasn’t responded
You didn’t collect third-party details
No independent evidence (like dashcam footage) is available
This protects Marshmallow against unrecoverable costs and ensures regulatory compliance.
How to challenge a liability decision
You can request a review if you provide:
Dashcam footage
New third-party witness details
Police reports or legal admissions of liability from the third party
Statements from other parties or updated garage evidence
Send evidence to your claims handler or reply to the latest email on your claim.
What happens next
Our team will review your new evidence and may update the fault status if appropriate. If liability is overturned:
We’ll update your No Claims Discount
You may be eligible for an excess refund