As you may know, accidents caused by other people’s negligence can lead to you being compensated for any injuries. Usually, to make a successful personal injury claim, you’ll need to prove that the other party was wholly responsible for the incident. But what if they argue that you were partly to blame for the accident? Well, if a percentage of responsibility can be agreed between both parties, a compensation claim could proceed on a split liability basis.
In this guide to split liability claims, we’ll explain how the claims process works and how any compensation will be calculated.
In such cases, we believe it’s important to seek legal advice about your options. Our team can help by reviewing your claim on a no-obligation basis and explaining your options. If they believe there’s a chance you could receive some compensation even if you were partly to blame for the accident, they’ll pass your case to one of our No Win No Fee personal injury solicitors.
Please read on to learn more about what split liability claims are or call us on 0800 6524 881 if you’re ready to discuss your case with a specialist.
Table of contents
- Am I Eligible To Claim Compensation For Personal Injuries?
- How Is Compensation In A Split Liability Claim Calculated?
- Examples Of Split Liability Accident Claims
- How Much Compensation Would I Get In A Split Liability Agreement Claim?
- Compensation Amounts In Split Liability Claims
- Evidence That Can Help Strengthen A Split Liability Claim
- Time Limits For Claiming Split Liability Compensation
- Starting The Split Liability Claims Process
Before looking at how split liability claims are calculated, it’s important to explain when a personal injury claim might be possible. Before one of our solicitors will agree to work for you, they’ll review your case to find out whether:
- The defendant (the other party) owed you a duty of care; and
- They were negligent and at least partly responsible for an accident; and
- You sustained a personal injury or injuries during that accident.
Depending on the type of accident you’ve been involved in, different legislation can be used to establish duty of care. For example, the Road Traffic Act 1988 might apply if you’ve been injured in a company car accident. Similarly, the Occupiers Liability Act 1988 might be relevant if you’ve been injured in a shopping centre.
If you work with one of our solicitors, they’ll check which law might apply so you needn’t be to be too concerned about this. Instead, you could concentrate on collecting evidence to support a split liability claim. We’ll explain how this can help later on.
Split liability claims are settled by calculating the percentage share of the blame for the accident. Some of the common liability splits are:
- 100% liability. If the other party in your accident accepts 100% liability for your accident claim, it means that your actions did not contribute to the incident and you’d receive 100% of any compensation.
- 75%/25% liability. If the split here is in your favour, the defendant will have accepted most of the blame for the accident but your actions will have contributed in a small way. The claim will proceed as normal. If you win the claim, you’d receive 75% of the agreed settlement amount.
- 50%/50% liability. This is where both parties accept that they were equally responsible for the accident. Any compensation amount would be halved before it is paid.
Getting the percentage split right is an important part of a personal injury claim. If the wrong percentage is applied, you could lose out on thousands of pounds in compensation. For this reason, we suggest that you let a personal injury solicitor represent you in any negotiations to try and ensure you’re compensated fairly.
Here are some examples of when liability for an accident could be split:
- Car accident claims. A common example here is where two cars reverse into each other when leaving a car park. In this case, the liability split could be 50/50. However, if you can show that you realised what was going to happen and stopped your car but the other driver carried on, the split could be 75%/25% in your favour (or higher).
- Accident at work claims. If you were injured by a piece of equipment that was faulty or damaged, you might expect to be paid 100% of any compensation awarded. However, there could be a 75%/25% split if you carried on working despite the fault and failed to report it to your employer because you were under pressure to get your task finished on time.
- Slips, trip and fall claims. An example here might be where you were drunk in a nightclub and slipped on a spillage. A claim might still be possible on a 75%/25% basis in your favour if the spillage had not been cleared up and it can be shown that the accident would’ve happened if you were sober.
These are just a few examples of potential split liability compensation claims. If you’ve been involved in any other type of accident and believe you should be compensated, please call our team to discuss your options.
If you claim compensation following an accident, you could be paid damages for any pain you’ve suffered (general damages) and any costs incurred (special damages). Depending on how you’ve suffered, you could be compensated for:
- Physical pain and suffering (from your injuries and any treatment).
- Loss of earnings if you faced reduced wages while taking time off work to recover.
- Any effect your injuries had on your social activities, family life and hobbies.
- Mental harm resulting from the accident or your injuries.
- Care costs to cover the time somebody else spent supporting you.
- Medical expenses. In some cases, this could cover physiotherapy or private surgery.
- Travel costs such as fuel and parking fees linked to hospital appointments.
- Home adaptations if they will make living with a permanent disability easier.
- Future loss of earnings if your capacity to earn will reduce in the long term.
All of these factors should be considered carefully before a split liability agreement is filed as you can only make a single claim for the same accident. If you use one of our solicitors to file your claim, they’ll make sure to include everything required by reviewing your case with you in fine detail.
Please bear in mind that our compensation calculator below is designed to give people some idea about how much compensation might be paid for a range of personal injuries where 100% liability has been accepted.
Remember, if your claim is settled on a split liability basis, it will be adjusted to reflect your percentage of the blame for the accident.
As you’ll see from the figures listed in the calculator, the severity of any injuries is a key factor in determining any settlement amount. Therefore, an independent medical assessment will be needed in all personal injury claims.
Some claims end up being settled on a split liability basis simply because there is a lack of evidence and when it’s your word against the defendants. Having suitable evidence to show how the accident happened and who caused it could be used to try and reduce your share of the blame. The types of evidence that might help do this include:
- Photographs of the accident scene to help explain how the accident happened.
- Witness statements that could corroborate your version of events if they’re contested by the defendant.
- Dashcam or security camera footage. You’ll need to secure these recordings as quickly as possible as it will often be deleted quite quickly.
- Medical records to prove how serious your injuries were.
- Accident report forms that will provide details of where and when the accident happened.
- Evidence of any financial impact your accident has caused such as receipts and bank statements.
If you would like us to review any evidence you’ve collected, please get in touch with our team on the number at the top of the page.
Any type of personal injury claim has a 3-year time limit in the UK. For most accident claims, the limitation period will begin from the date that you were injured.
We believe that it’s best to take action as soon as possible after your accident rather than wait. This could be especially important in split liability claims as your solicitor will have a better chance of securing evidence to try and reduce your percentage of liability for the incident.
Claims can be settled relatively quickly if the liability share can be agreed upon quickly and you’ve recovered from your injuries. In these cases, you might expect to be paid within 6 to 9 months. More complex cases could take more than a year to be finalised.
Our team is here to help if you’d like to discuss your chances of being compensated. To start the ball rolling, simply call us on 0800 6524 881 and we’ll review your case for free.
If your case is strong enough, one of our solicitors could agree to represent you on a No Win No Fee basis meaning you’ll only pay for their work if you’re compensated.
If you have any further questions about what a split liability claim is please call today or use live chat to speak with an advisor.