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Can I Claim For An Accident That Was Caused Or Partly Caused By Me? My Fault Or (50/50 Split Liability)

By Daniel Archer. Last Updated 16th May 2022. When some people are caught in a road traffic accident, the blame might be shared between them and at least one other party. Such people may be eligible to make what are called split liability claims. In this guide, we’ll explain when you may be able to make this type of claim and how such claims usually work.

It is the common thinking that if a person is held responsible or partly responsible for a road collision or a road traffic accident that they cannot claim for personal injury. There may be a number of different questions circling your head immediately after a road traffic accident, such as “can I claim personal injury if I was at fault?” or “can I claim whiplash on my own insurance?”

While this is true if you are completely to blame, this is not always the case if you are only partially to blame for the accident. It is not always clear to see from the offset which is the fault party when it comes to a road traffic accident. Some cases are clear cut, however, there are those cases that mean more than one driver is at fault or both drivers are to blame for a percentage of it.

Many personal injury solicitors often talk about ‘non-fault accidents’ regarding personal injury and very often it is clear who the non-fault party is. However, in some cases, both parties or more than one party has played a part in the incident and not just one particular driver carries all the fault. There can be disputes between parties as to who is to blame for a road traffic accident no one automatically is guaranteed the right to compensation by pursuing a personal injury claim. In some cases, it may go to court in order for a judge to find who the responsible party or parties are.

In simple straightforward cases, for instance, vehicles that are hit in the rear it is usually transparent as to who is at fault and that is the party who hit the other vehicle in the rear. However, roundabout collisions are very common for blame to be split between two or more drivers depending on how many vehicles are involved. It is not always clear to see who is at fault and these types of cases can mean the percentage of blame is split between the drivers very often 50/50. This can lead to both drivers being able to claim a certain amount of personal injury if they are injured as a result of the collision.

What to do when you’ve been in a split liability accident

It is always advised that when you have been involved in a road collision to consult a solicitor as to where you stand as they will be able to give you a legal standpoint. We offer free, legal confidential advice and consultation with no obligation at all to appoint us as your legal representation so that you are aware of the next steps that should be taken.

Please read on to learn more about split liability claims. You can also contact our advisors if you have any questions you would like answering about split liability claims or other kinds of claims. You can reach us online by using our contact form or our 24/7 live chat service. To speak to our advisors on the phone, you can call us on 0800 073 8804

What is a split liability agreement?

The term split liability refers to an agreement in which two or more parties share the blame for an accident. These types of claims are often also referred to as 50/50 claims, reflecting the percentage of the equal accountability that’s typically divided between two claimants.

Other common split liability proportions are:

  • 75/25 split in your favour – you will receive 75% of the overall value of your claim from the other party’s insurance company as you admitted 25% liability
  • 25/75 split in the other party’s favour – as you have accepted that you were mostly responsible for the accident, you will only receive 25% of the overall value of your claim from the other party’s insurance

For example, if you were involved in a road traffic accident and the other driver claimed that you were at fault for the subsequent damage, even if only partly at fault with just minor damage resulting, this would be a split liability claim.

If you accept split liability, you and the other driver would proceed with the claims process under the agreement that you were both partially to blame. To learn more about how to make split liability claims, what these agreements typically look like and how much you could be entitled to for your claim, please read on.

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?

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What Is A Fault Accident?

split liability claims

split liability claims

A fault accident is a term used to describe an incident in which the road user in question was either fully or partially at fault.

In cases where there was partial fault, any subsequent claims made are referred to as split liability claims or ’50-50 claims’.

Usually, solicitors are known for commonly dealing with non-fault claims where the party they are representing are not to blame for the incident. However, there are cases where solicitors do represent clients that are partially to blame for the incident in question. Fault incidents can be what insurers consider as those who are at fault when it comes to a road collision.

Non-fault accidents, on the other hand, mean that it is not the particular road user in question’s fault but the fault of another. In terms of claiming personal injury compensation, the person who is not at fault may have the right to make a claim for their subsequent suffering. Although, no one is guaranteed compensation and not all cases are transparent, as it may not always be clear who the fault lies with.

Many ask the same question when faced with being involved in a road traffic accident; ‘if the car accident was my fault, what happens?‘. And the answer is usually that it will be put down to a fault accident and your insurance will cover the damages to your car if you are fully comprehensive.

The damage to the other’s vehicle including the driver of the other vehicle if injured and any passengers that were injured. If you are not fully comprehensive then you will not receive payment for the damages to your vehicle.

What Happens When A Car Accident Is 50/50 Split Liability?

As mentioned before, road traffic accidents can sometimes be complex, and all may not be as they seem from the onset. With some road traffic accidents or road collisions, it will be clear to see where the fault lies and who may have caused the accident.

However, there are cases where it is not so easy to see exactly who is to blame for the incident. It can even go as far as blame being spread to more than one vehicle. In such cases, this may be referred to as a personal injury 50/50 claim by your legal representative.

There are cases where blame is not laid on one driver, as it may be that both drivers or more than one driver played their part in contributing to the incident. Some cases have an equal divide of blame and that is where the 50/50 split comes in.

After investigations are complete, it can be that both drivers played an equal part when it came to the fault. This means that they would each take a 50% share of the blame if two vehicles were involved in causing the incident. What’s more, if they were injured as a direct consequence of the incident, they could both claim compensation.

Throughout this guide will be additional information regarding this term, including information on how a split liability claim or 50/50 claim works and how to fight a 50/50 insurance claim against you.

What If I Was To Blame For The Car Accident?

If you are solely to blame for a road traffic accident, it will be put down as a fault accident. It is very unlikely that you will be able to claim any type of personal injury compensation for any injuries you sustain. It is, however, possible for any passengers in your vehicle to go on to make a claim for personal injury.

For those who are at fault, a common question is “if the accident was my fault, what happens?”. If the accident is totally your fault then it is likely your insurance will cover the cost of all damages.

For those partially at fault, a common question may be “what to do after a car accident was your fault?”. If you are fully comprehensive or you are looking to make a personal injury claim when at fault, your car will be covered too. However, personal injury will only be awarded to non-fault drivers of the incident and passengers.

Passengers in vehicles that are involved in a collision can always make a claim for road traffic accidents, whether it is for whiplash or a serious injury, as they are not to blame for road collisions. Family members, including children and friends that are passengers in a car that is involved in a road traffic accident, can make a claim regardless if they are in the non-fault vehicle or fault vehicle.

How To Begin Your Fault Accident Claim

It is not always straightforward to see who is at fault when it comes to a road traffic accident in some cases all parties can deny liability and claim they are not to blame. If you are involved in a car accident it is always best to seek legal advice especially if you are unsure who is at fault.

Call our freephone helpline today where you can speak to specialists free of charge and receive free legal confidential advice as to where you stand when it comes to a vehicle collision. Our specialists have the knowledge and expertise to be able to tell you straight away if you are not at fault. The non-fault insurance claims process is quite different to those who are considered at fault for the incident.

Any fault accidents will generally go through the driver’s insurance to start a fault accident claim, including whiplash claims when at fault, although it is advised to call your insurance straight away if you feel the accident may have been your fault. Those who consider ” If a car accident is my fault what happens in the UK?” should either seek legal advice straight away or contact their insurance provider.

It may go down as a fault claim on your policy causing your insurance to rise. In some cases, it is possible for drivers to work it out between themselves if the fault driver can afford all damage repairs and no one was injured. However, if this is not the case then it may be down to the driver’s insurance to sort out all damages.

It is likely for many who are in the situation of ‘the car accident was my fault, will my insurance go up?’, the answer is often yes. Car insurance premiums tend to increase if there is a claim made on the policy. That said lately in the UK car insurance policies go up regardless of if a claim has been made or not.

For those who are in the following situation; ‘the car accident was my fault, what happens?’ the best thing to do is contact your insurance company so that they can assist you further.

If I’m Partly To Blame And It’s Also Partly The Other Driver’s Fault What Happens? (50/50) Fault Accidents

If there are two party’s to blame for a road traffic accident then they will share the blame. It is usually shared 50/50 meaning that each takes 50% of the blame for the incident. This means that both drivers can claim damages if they are injured in the incident.

When claiming personal injury on 50/50 it means that when your damages are awarded, you will receive 50%, as you at fault for the other 50%. This explains the term split liability claim.

What Can Be Claimed For Following An Accident That Was Your Partly Your Fault Or (50/50) Fault?

When looking at what damages can be claimed for when it comes to any personal injury case whether it be an accident at work; an incident of medical negligence; a slip, trip or fall; or a road traffic accident, 2 main areas are taken into consideration:

  • General damages
  • Special damages

They are split into two main areas so that one area can concentrate solely on the injury that is caused in terms of pain and suffering and so that there is an area that looks closely at the financial aspect the incident has had on the victim. When making a personal injury claim in regards to a 50/50 claim, you will be awarded 50% of what you would have been awarded if you were completely not at fault.

General damages look at how the victim of the personal injury has suffered in terms of pain and suffering. General damages will take the following into consideration;

      • Pain – How much pain a person has gone through and may go on to suffer in the future.
      • Suffering – Similar to pain, how much the person has suffered mentally and physically as a direct result of the incident.
      • Stress and mental anguish – A person may suffer stress and anxiety after such an incident as a road traffic accident so this is also taken into consideration.
      • Physical impairment
      • Physical disfigurement

General damages are there to compensate those involved in a personal injury for measurable monetary losses.

Special damages are there to put a person back to the financial state that they were in before the incident took place. When people are injured it can have a massive effect on their overall life, depending on the injury may well depend on how one’s life is affected overall.

Injuries can mean that both personal and work life is put on hold until the injury or illness is healed however this can mean a massive change to a person’s financial circumstances and special damages are there to ensure that any loss of expenses due to an injury that was of the negligence of another will be replaced.

Special damages cover all of the financial aspects of the compensation claim and can include;

      • Loss of earnings or employment in future 
      • Medical bills; past, present and future
      • Repair or replacement of damaged property
      • Expenses for home adaptation
      • Prescription fees

Special damages are there so that the quantifiable monetary losses are compensated for.

The law’s standpoint on personal injury is that those people who are injured through no fault of their own but the negligence of another should receive compensation. Even in cases where a driver is partly to blame they still have the right to a certain amount of compensation under UK law.

The Most Common Types Of 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 At Blame For An Accident?

As said previously when it comes to road collisions sometimes it is clear to see who is to blame for the incident in question, which is why these become split liability claims/50-50 claims. However, there are times when it is not always visible to see who is to blame for a road traffic accident.

There are even cases when more than one driver is at fault. Sometimes drivers even blame each other as they feel that the blame does not lie with them. It may be that insurance companies have to investigate to decide who is to blame for a road collision and they will decide who they think is at fault, some cases go to court as the drivers involved deny liability and the insurance companies themselves cant come to a conclusion.

There are cases when it is very straightforward to see where fault lies and in these cases the driver will know they have done something wrong.

It is always advised to get legal advice when involved in a road traffic accident as solicitors deal with such incidents on a daily basis and have a lot more knowledge to identify who is liable when it comes to accidents that happen on the road.

A quick call and we can tell you instantly if you are at fault or not and the best thing about this service is it is free of charge.

Can I Claim Of My Own Insurance?

‘It depends’ is the best answer to this question. If you are involved in a collision and you are not at fault then you will be able to claim any damages to your vehicle and any compensation for injuries you have suffered from the fault party’s insurance.

However, if you are to blame for the collision it is likely that your insurance will cover the damages to the other vehicles involved and any compensation needed to cover any personal injury claims. If you have fully comprehensive insurance then the damage to your vehicle will be covered too. You will not be able to claim any compensation if you are injured if the incident was your fault.

Car Accident My Fault Who Do I Claim From?

If the car accident is your fault then as long as you have a fully comprehensive insurance policy you will claim for the damages of your vehicle from them you will not be able to claim any personal injury.

Car Accident Was My Fault, Can I Claim For Whiplash?

If you’re in a road traffic accident that was 100% your fault, then you’ll be unable to make a compensation claim for whiplash or any other injuries you may have suffered from it.

If you are partly to blame maybe you are only 50% responsible for the road traffic accident then you have the right to claim 50% of the damages that would have been awarded in a non-fault accident.

All passengers whether they are in the fault vehicle or non-fault vehicle have the right to make a compensation claim for their injuries.

Can I Claim If An Accident Was My Fault?

If the incident was completely your fault, then you will be unable to make a claim for compensation for any type of damages. Split liability claims are only possible if you are only partly to blame. In these circumstances, you may have grounds to start a claim for personal injury. However, you will not receive as much compensation for damages then you would if you were making a non-fault accident claim.

You will only receive a certain percentage of the damages this will reflect on how much you are considered to be at blame for the road collision. This could influence the compensation you receive for any split liability claims/50-50 claims.

How Much Compensation Will I Get Following An Accident When I Was To Partly To Blame (50/50)?

If an accident is partly your fault but also partly another’s then it is likely that the blame will be shared. Very often, drivers who are partly to blame share the fault, 50/50 share is usually the outcome meaning that one driver will be held 50 % of the blame as will the other driver. This allows both drivers to be able to make a claim for personal injury if they are injured as a result of the accident.

Below is a table showing the average compensation for road traffic accident compensation payouts. It is very important to remember that they are just estimates and should only be used as a guide when calculating your compensation amount.

Car accident compensation amounts can vary widely depending on the severity of the injury, how long a person is in pain, what effect it has on the victim’s financial state and how they will be affected in the future. The table can be used as a road traffic accident compensation calculator in order to assist you in making an estimate as to how much compensation you may be awarded in a road traffic accident compensation case.

However, the results below are for those victims who are considered not at fault. For drivers who are partly at fault i.e., the results below should be halved as drivers who are 50% at fault will receive 50% of the damage.

Paralysis(b) Paraplegia - Factors such as the level of pain experienced and the impact on your mental health will be considered when determining the award given.£219,070 to £284,260
Brain damage(b) Moderately severe - Injury will result in serious disability and constant care will be needed.£219,070 to £282,010
Post-traumatic stress disorder(a) Severe - Effects will include permanent symptoms that make it very difficult for the claimant to return to work as well as function at the same level as pre-trauma.£59,860 to £100,670
Kidney(c) Whilst one kidney is not damaged, the other is lost.£30,770 to £44,880
Back(b) Moderate - (i) Injuries in this bracket might include crush fractures to the lumbar vertebrae.£27,760 to £38,780
Arm(d) Forearm fractures that are of a simple nature.£6,610 to £19,200
Digestive system(a) Damage that has resulted from a traumatic injury - (iii) Injuries might include cases of serious seat-belt pressure.£6,610 to £12,590
Finger(j) Fracture to the index finger where the grip remains impaired even after it has healed.£9,110 to £12,240
Shoulder(e) Clavicle fracture.£5,150 to £12,240
Wrist(d) Where a fracture or a soft tissue injury takes longer than 12 months to recover.£6,080 to £10,350

No Win No Fee Part Fault Accident Claim (50/50) Fault

Our No Win No Fee personal injury solicitors can potentially support drivers who have strong grounds to make split liability claims for road traffic accidents.

Our No Win No Fee Agreements are very straightforward, if your claim has not been successful you will not have to pay our solicitor’s legal fees. However, if it is successful then the solicitor will take a small percentage of the damages awarded. By claiming on a No Win No Fee basis, there is extra financial security for your potential personal injury claim.

Why Choose Us As Your Claims Service For A (50/50) Fault Accident Claim?

We are renowned for our expertise and great width of knowledge that has been gained through many decades of working with personal injury victims. We have an array of well educated and dedicated staff who are knowledgeable in all areas of personal injury.

Regardless of where your claim may lay, we have the skills to ensure your claim reaches its maximum potential. We appreciate that being injured through no fault of your own can be very difficult to digest that is why we are here every step of the way to ensure your claim runs as smoothly and effectively as possible.

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?

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.

Helpful Links

The Highway Code

A government guide to driving law.

How much compensation can I claim for a road accident?

A guide to claiming road accident compensation.

Car Accident Claims – How Much Compensation Can I Claim?

Have you been involved in a car accident? find out how much compensation you can claim as a driver or passenger and get free legal advice.

Split Liability Claims FAQs

What is split claim insurance?

This is where the insurer pays different levels of compensation to various parties involved in an accident.

What happens when an insurance claim goes 50/50?

This leads to the third party covering half of the excess payment required.

Will my insurance go up with a 50/50 claim?

This is likely to happen regardless of what claim you file.

How does a 50/50 car insurance claim work?

This sees both parties agree to 50% responsibility which means you receiving 50% of the claim’s value from the second person’s insurers.

How much will my insurance increase after a claim?

Insurance could increase by around 20%-50% in the aftermath of a claim.

What is single limit liability?

This is where an insurer provides one set figure for all damage and claims against a policy.

Can a car insurance company refuse to pay a claim?

They could do this, though they must have a valid justification for taking this stance.

Will my insurance pay if I am at fault?

Your insurance company will pay out regardless of each driver being equally responsible.

What are some payouts for whiplash injury claims? 

Road traffic accident claims, including claims for whiplash injuries, should now be made through the Whiplash Reform Programme if your injuries are valued at £5,000 or lower. The injury also needs to have been sustained by a driver or passenger over the 18. Additionally, the incident must have occurred in England or Wales on or before 31st May 2021.

If the injury is worth over £5,000 or doesn’t meet the other criteria above, you can pursue a general personal injury claim.

You can find the amounts assigned to low-value road traffic accident claims in the Whiplash Injury Regulations 2021.

Can I claim for a personal injury in a car accident that was my fault? 

If your injuries were sustained in an accident that was entirely your own fault, then you would not be able to make a claim. However, if you make a claim and the fault rests with you and someone else, then it’s possible for you to still receive a reduced settlement – as could the other party, if they were injured.

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.

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