By Danielle Jordan. Last Updated 7th October 2024. Split liability claims are made when multiple road users are deemed to have contributed to the accident. At Legal Expert we understand it can be difficult to know to what degree which road user is responsible for an incident on the roads, so we’ve made this guide to explain this type of claim fully.
We’ll examine important areas such as what split liability claims are, how you can prove who’s at fault and the duty of care owed by all road users to each other. We have also provided information on how road traffic accident compensation could be calculated.
At the bottom of this guide, we explain the type of No Win No Fee agreement our expert road traffic accident solicitors can offer their services under, paying particular attention to how such a contract will benefit you.
To learn more about making a split liability claim, or for a free eligibility check, contact our team today using the information provided here:
- Call 0800 073 8804
- Fill in our ‘claim online’ form and an advisor will call you back.
- Connect using our online chat.
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I Was Partially At Fault In A Car Accident – Can I Make A Split Liability Claim?
Road users owe each other a duty of care to reduce the risk of causing harm to themselves or others while navigating the roads. To uphold this duty, each road user should follow the mandatory rules in the Highway Code and the Road Traffic Act 1988.
If you have been injured in a car accident as a result of another road user breaching their duty of care, then you may be able to claim compensation. However, in some scenarios, you yourself may have been partially responsible for the accident, and you may be asking what happens after a car accident that is your fault.
If you are partially at fault for a road traffic accident, then you may still be able to make a claim against the other party if they also breached their duty of care. This would be a split liability claim. Split liability claims require evidence that establishes that the other liable party was partially responsible for the accident in which you sustained harm. You will be unlikely to claim compensation if you’re fully to blame for a car accident.
To learn the answer to questions such as “Can I claim for whiplash if the accident was my fault?” read on or contact our advisors for free today.
What Are Split Liability Agreements?
If you would like to know, ‘Can you claim for personal injury if you are at fault?’, you could still have a valid case if you are partially responsible. However, you can only make a personal injury claim after a road traffic accident if another party that owed you a duty of care is at least partly liable for causing your injuries. These cases are known as split liability claims.
Split liability means that you will receive a percentage of the compensation for your injuries. The percentage you receive will depend on how liable you were for your injuries. In a successful 50/50 split liability claim, you would receive 50 percent of your compensation. However, if you are 25 percent responsible for the accident that caused your injuries, you would receive 75 percent of your compensation.
If you would like to discuss ‘I’ve had a car accident that was my fault in the UK, can I make a split liability claim?’ contact our advisors. They’re available 24/7 and could help you assess whether or not you are eligible to claim a percentage of compensation for your injuries.
The Most Common Types Of Fault Accidents
Let’s take a look at some common examples of at-fault accidents:
- Rear-End Collisions – One of the most common types of car accident 50/50 faults is when a vehicle hits another from behind. The majority of the time the person driving the vehicle that hits the other vehicle in the rear is to blame as the law is pretty clear when it states that drivers must leave enough room between vehicles for stopping distance.
- Main Road Driver With Right Of Way – The driver who is on the main road most always if not always has the right of way, drivers who pull out of side streets and collide with other vehicles tend to be the fault driver. When pulling out of side streets, car park spaces, from side roads it is always essential to wait for a clear space in the road to do so as serious accidents can happen if there is not enough room and time to pull on to the main road.
- Right-Turn Drivers – Making a right turn can cause dilemmas for drivers, when making a right turn the road must be clear in the opposite direction in order to be able to make the turn correctly and safely. Making a right turn when you can see oncoming traffic in your vision is a risk you should never take, as you may not have time to do the full turn before the vehicles cross your path.
There are many types and examples of fault accidents all may not be clear and some can be debatable just because those mentioned above have been categorised as examples of fault accidents this may not always be the case. Road collisions are not always black and white there can be grey areas where blame is not always totally on one side.
It is always worthwhile having a solicitor look at your case, a different perspective can mean the difference from a fault accident to a non-fault accident.
How Do You Know Who’s To Blame For An Accident?
Knowing who’s to blame for a road traffic accident can be challenging, and this takes on heightened importance when dealing with a split liability claim. By collecting thorough evidence, demonstrating the degree of blame each driver has for the collision becomes much simpler.
Some possible examples of evidence you could collect are given here:
- We always advise people to get proper medical attention following an accident of any kind. While your health is the primary concern, the medical records produced by your treatment (examples include copies of scans and the results of any tests that were performed) will be very useful in showing the extent of your injuries.
- Video footage, such as from CCTV cameras or a dash cam device will show how the accident occurred.
- If the police attended the scene of the crash, you could get a copy of their report.
- Other road users who saw the accident take place could provide a witness statement. Be sure to take down their contact information so their statement can be collected at a later date.
One of our expert car accident solicitors could assist you with acquiring evidence. A solicitor can help ensure the evidence gathered is sufficient to prove fault, as well as bring your claim within the appropriate time limit. To find out if you are eligible to make a claim, or ask any questions about the sorts of evidence you could collect, talk to our advisors today.
Compensation Payouts In Car Accident Claims
You may have used our compensation calculator for an estimate of your potential payout for a successful claim. However, as each claim is assessed on an individual basis, it may not consider every element. For example, as already stated, some claims could necessitate split liability compensation, which will affect how much you could recover. In the sections below, we examine how your claim could be valued.
General Damages
In successful car accident claims, general damages compensate for pain and suffering. When assigning value to general damages, legal professionals use the Judicial College Guidelines (JCG) to help them. The JCG lists injuries, along with severity levels with compensation brackets.
Our table below contains figures from the latest update of the JCG. However, it should be noted that the top entry is not from the JCG. As every claim is different, these figures do not represent what you will receive but are provided for guidance to help you understand how your claim could be valued.
| Injury | Severity | Guideline Amount |
|---|---|---|
| Very Serious multiple injuries and related expenses | Very Serious | Up to £1,000,000 |
| Brain damage | (a) Very Severe | £344,150 to £493,00 |
| Paralysis | (b) Paraplegia | £267,340 to £346,890 |
| Kidney | (c) loss | £37,550 to £54,760 |
| Back | (b) Moderate - (i) | £33,880 to £47,320 |
| Digestive system | (a) Traumatic Injury - (iii) | £8,060 to £15,370 |
| Finger | (j) Fracture to the index finger where the grip remains impaired even after it has healed. | £11,120 to £14,930 |
| Shoulder | (e) Clavicle fracture. | £6,280 to £14,940 |
| Whiplash tariff | One or more Whiplash Injuries with One or More Minor Psychological Injuries | £4,345 |
| Whiplash tariff | One or more Whiplash Injuries | £4,215 |
Special Damages
In addition to general damages, some claims may include special damages. Special damages recover any money lost due to your injuries. However, you will need to submit proof. For example, receipts, invoices or payslips.
Examples of possible special damages in a car accident claim include:
- Medical expenses, such as prescription costs, therapy or any physical therapy required.
- Loss of earnings, including pension contributions.
- Repairs and replacements of property damaged in the accident.
- Home adaptions, such as installing a ramp or stairlift if needed.
Whiplash Compensation
A split liability claim may also be impacted by the Whiplash Reforms. These were brought in for minor injuries valued at £5,000 or less by the Whiplash Injury Regulations 2021. They apply to injuries that occurred on or after 31 May 2021.
Under the Programme, anyone who suffered minor injuries in a car accident who is 18 or older will claim through a government portal. Whiplash compensation values will come from the tariff of injuries in the Whiplash Injury Regulations.
Call our advisors for a free discussion of your claim. They can further discuss how compensation for car accidents is generally calculated.
No Win No Fee Split Liability Claims
If you’re seeking the services of motor vehicle accident solicitors to help you make a partial liability claim, you may consider looking for one that can offer you a No Win No Fee agreement. Under a Conditional Fee Agreements (CFA), a type of No Win No Fee, you will not be required to pay your solicitor upfront to hire them.
Before you begin legal proceedings, a CFA solicitor would discuss any potential charges with you. Therefore, there are no surprise fees to worry about.
Another benefit of using a No Win No Fee solicitor is that you will not be expected to pay them if your claim does not succeed. Even if your claim does succeed, you will only pay them a success fee, which is capped at no more than 25% of your compensation payout.
In the next section, we’ll explore the different ways you can get in touch with our motor vehicle accident solicitors to help you make a shared liability claim. They could also establish who is liable for an accident which caused your injuries.
Call For Free Advice And To Start A Claim
If you or someone you know has suffered a personal injury or were involved in a non-fault or partial-fault accident, why not call us today?
- Use our freephone number 0800 073 8804 to get through to one of our specialist advisors.
- Use our live chat
- Fill out one of our contact forms
Upon calling, you will receive a free, legal and confidential consultation with no obligation to appoint us to represent your case. We can tell you straight away if you have a case for personal injury. So, speak to us if you wish to file any split liability claims.
Learn More About Car Accident Claims
- The Highway Code
- How much compensation can I claim for a road accident?
- Car Accident Claims – How Much Compensation Can I Claim?
- Learn about taxi accident claims and find out how a solicitor could help you.
We hope you have found this guide on split liability claims useful. If you still have any questions about making these kinds of claims, then you can contact Legal Expert either online or by phone.
