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How do I challenge or appeal a liability decision on my claim?

Marshmallow policyholders who believe the fault decision on their claim is incorrect.

Updated over 2 weeks ago

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

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