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I’ve Had A Car Accident That Was My Fault – Can I Still Claim?

By Danielle Jordan. Last Updated 22nd November 2023. In this guide, we discuss the question ‘I’ve had a car accident that was my fault in the UK, can I claim compensation?’. It will discuss the eligibility criteria that need to be met and the evidence you could gather to support your case.

Additionally, we look at split liability claims. This is when the compensation you could be entitled to is reduced according to how at fault in a car accident you were.

Furthermore, we explain the duty of care that road users owe to each other and look at examples of split liability road traffic accidents. Also, we’ll explain how compensation is calculated in a personal injury claim and how being partially at fault for an accident on the road could influence the payout you receive.

You may also wonder, ‘can I claim for whiplash if it was my fault?’ This guide will explain the Whiplash Reform Programme and how it has changed the way certain road traffic accident claims are made as well as how whiplash injuries are valued. 

Should you be eligible to claim compensation, you may like to have the support of a solicitor. We conclude this guide with a look at the benefits of making your claim with a No Win No Fee solicitor. 

If you have any questions about making a split liability claim or would like to check the eligibility of your case, get in touch with one of our advisors. 

To talk to an advisor, you can:

split liability claims

A guide to split liability claims

Select A Section

    1. I Was Partially At Fault In A Car Accident – Can I Make A Split Liability Claim?
    2. What Are Split Liability Agreements?
    3. The Most Common Types Of Fault Accidents
    4. How Do You Know Who’s To Blame For An Accident?
    5. Compensation Payouts In Car Accident Claims
    6. No Win No Fee Split Liability Claims

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?

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.

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.

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Injury Description Amount
Serious multiple injuries and related expenses Settlements may include compensation for serious multiple injuries in addition to expenses, such as nursing costs and loss of earnings. Up to £1,000,000
Brain damage (a) Very Severe – Injury will result in little if any evidence of environmental response and the injured party will require full time nursing care. £282,010 to £403,990
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
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
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
Whiplash tariff A whiplash injury along with minor psychological damage that lasts between 18-24 months. £4,345
Whiplash tariff A whiplash injury lasting between 18-24 months. £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?

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

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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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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