By Jo Anderson. Last Updated 8th September 2023. Within this guide, we are going to take a look at 50/50 split liability claims and non fault accidents in detail. In doing so, we are going to cover a lot of information on compensation for a non-fault accident or 50 50 at fault accident and how to claim non-fault accident compensation. We answer questions about making a 50 50 insurance claim such as ‘who pays for what in a shared liability car accident claim?’. ‘Can I claim for an injury on my own insurance?’ ‘Could you claim if the accident was your fault?’ and ‘what happens when a car accident is 50 50. We show you where to get free legal advice too.
We provide free legal advice too. For instance, we are going to address 50 50 split liability compensation, 50 50 insurance claim evidence collection, and provide guidance on compensation payouts in 50 50 claims. Plus, we look at conundrums such as “ can you claim for whiplash if the accident was your fault?” and “does a personal injury claim affect your car insurance?”
Most people assume that to be able to claim compensation for an accident, the cause of the accident was someone else’s fault. Unfortunately, some people who suffer an injury after an accident in which they were partly to blame assume that they cannot pursue a claim for compensation as the fault at least partly lies at their door. However, this is not necessarily the case.
Call us today on 0800 073 8801 to start the process of claiming split liability compensation today.
Select a section
- What is the fault in an accident? and what is a non-fault accident compensation claim
- Can I claim if was partly to blame for my car accident?
- What happens when both drivers are partly to blame, also known as a split liability?
- What can I claim for in split liability claims?
- The most common types of split liability and fault accidents leading to compensation for a non-fault accident
- Can I claim my own insurance for non-fault accident compensation?
- Can I claim for a personal injury if I caused the accident?
- How To Start A Split Liability Claim
- How Much Are Split Liability Claims Worth?
- Split Liability Claim With A No Win No Fee Solicitor
- Useful links for 50 50 insurance claim who pays what
When the term “fault” is used concerning accidents and compensation claims, the term refers to whoever was responsible for the accident. It is most commonly used when talking about road traffic collisions where the driver may be at fault or partially responsible for the accident and, therefore, any damages or injuries incurred due to the accident. Once you determine the extent of fault, you can see how much split liability compensation you can claim for.
What are fault accidents?
Fault accidents are traffic accidents where the vehicle’s driver is at fault for the accident occurring. Personal injury solicitors are most commonly known for representing clients of non-fault accidents where their injuries resulted from someone else. However, not all cases are so clear-cut. Although you may be thinking, “the car accident was my fault, can I claim personal injury?” you may still be able to claim compensation after an accident if you were only partly at fault.
If you have fully comprehensive car insurance and have been in a fault accident, your insurance will cover the cost of damages to your car and the other car’s damages. If either driver or passengers in either car have sustained an injury, your insurance may also cover this if you are fully comprehensive. Read on for further information about split liability claims.
What are partly at-fault accidents?
Vehicle collisions can be straightforward, and aligning blame can be easy, but finding out who is responsible is not always easy. In cases where two or more drivers share the responsibility of causing an accident, these cases are partly at-fault accidents.
In a 50 50 insurance claim who pays for what?
For cases where two cars have been involved in a collision, both drivers share the blame. It is referred to as 50/50 split liability. In cases such as these, both drivers may be able to claim compensation for any personal injury they have sustained. If the drivers cannot come to a split liability agreement, a judge may be required to assign a proportion of blame to either driver. These cases are never straightforward, but that does not mean you won’t be entitled to monetary compensation.
If you were solely to blame for a road traffic collision, then it is highly unlikely that you could claim personal injury compensation. However, any passenger who was in your car at the time could claim split liability compensation if they sustained an injury as they will be considered not at fault even if they are in the fault vehicle.
The accident was my fault, can I claim whiplash?
In split liability claims, where more than one driver is held responsible for the accident. You would likely be able to claim for your own personal injury compensation. If you have a split liability agreement, or a judge has ordered that you were not solely to blame for the accident, you may have a claim for compensation as you will be sharing liability. A trained solicitor will be able to give you more specific advice relating to your individual circumstances.
If two parties are to blame for a road traffic collision, they share the blame and liability for the accident50/50. As each party takes equal blame for the accident, both are entitled to claim compensation for any damages and personal injury they may have suffered.
How a 50/50 claim works is that when any damages are awarded to either party, you will only receive 50% of the amount awarded as you will be liable for the other 50%.
When you are looking to claim monetary compensation for a personal injury, whether that injury was sustained in a car accident that was partly your fault or it was sustained in an accident at work, two types of damages can be included in your claim; general damages and special damages.
General damages refer to the pain and suffering you have endured as a direct result of your injury. While all claims are different, they usually include;
- Physical pain-how much physical pain the injury has caused you and continues to cause you.
- Psychological pain- you can also include damages for psychological trauma you have experienced due to your injury.
- Physical impairment- if your injury has left you with a physical impairment, whether permanent or temporary, you can include it in your compensation claim.
- Physical disfigurement- if you have been left disfigured by your injury, this can also be added to your claim.
Special damages in non-fault accidents and 50 50 claims
Special damages are claimed during a personal injury case to ensure that the claimant isn’t left with any financial difficulties due to their injury. They can include;
- Loss of earnings
- Loss of potential earnings or employment
- Medical expenses including specialist equipment and home adaptations
- The potential cost of future medical care and expenses
- Prescription charges
- Damage to and replacement of property
Personal injury law in the UK is designed to ensure that anyone who suffers an injury through no fault of their own can claim monetary compensation for that injury. If your split liability compensation claim is part of a split liability agreement, while you may include any of the above damages as part of your claim, you will only receive 50% of the total damages awarded as you have accepted fault for the other 50%.
The most common types of split liability and fault accidents leading to compensation for a non-fault accident
Accidents on the road can happen at any time and have a wide variety of causes. You can see below statistics on the level of injury of road users suffering injuries in a road traffic accident in the year up to June 2021.
Often, accidents happen so quickly that it can be difficult to know exactly who is to blame and determining where the fault lies is not easy.
There are many occasions on the road where accidents can be the fault of two or more drivers. While this list isn’t comprehensive of all 50/50 at-fault accidents, these are some of the most common examples of split liability claims for car accidents;
- Rear-end collisions
- Driver making a right-hand turn
- Right of way confusion
Other 50 50 split liability accidents can occur. However, these examples should give you an idea of whether or not your own accident could be a split liability agreement.
Whether or not you can claim your own insurance depends greatly on your individual circumstances surrounding your accident. If you are not at fault for the collision, then you will claim any damages, including personal injury claims, against the driver at fault’s insurance company.
In a 50 50 insurance claim, who pays for what?
However, if you are the driver at fault, then your insurance company will have to cover all damages and personal injury claims from the other party. If you have fully comprehensive car insurance and you were at fault, your insurance company will also pay out for your damages. Still, you will not be able to claim any personal injury compensation.
In the case of split liability claims, it can be hard to know in a 50 50 insurance claim who pays for what. Your insurance company will pay for the opposing party’s damages and vice versa. So any personal injury claims made as part of a split liability agreement will be recouped from the other party’s insurance company.
In split liability claims, if you share responsibility for the cause of any accident, you could still claim personal injury compensation. If your claim is successful, as part of a split liability agreement, you will only receive half of the amount of damages awarded as you accept 50% fault for causing the accident, and therefore your injury, in the first place. If you are solely responsible for the accident, you will not be entitled to make any personal injury claim.
If you are wondering how to start a split liability accident claim, there are several steps you could take, including:
- Taking photographs of the accident and your injuries
- Getting witness contact details
- Requesting CCTV footage of the accident
In taking these steps, you can collect evidence to support your potential claim.
You may also benefit from seeking legal advice from an advisor. They can discuss the steps you can take to determine split liability in a car accident claim as well as provide further guidance on whether you’re eligible to seek compensation.
Should one of our advisors determine that you’d be eligible to claim compensation for your accident, they could provide you with a solicitor to assist you with your claim. All of our solicitors have the ability to take on claims under a No Win No Fee contract. This means that generally, you would not pay them for their work if the claim failed.
Your solicitor would take on the legwork of gathering evidence and building a case for compensation. To learn more about how they could help, get in touch on the number above.
If you’re eligible to make a split liability claim, then you may have questions about how receiving compensation works and just how much you may receive. The amount you may receive will depend mainly on how severe your injuries are and the amount of blame you share for the accident.
These types of claims are settled by calculating the percentage share of the blame for the incident. So, for instance, if you and the other party involved in the case are each considered 50% liable, then you will receive half of the compensation that you would have been given if you were not liable at all.
If you are eligible for compensation, your compensation settlement should include general damages. This compensates you for the pain and suffering your injuries have caused you.
Many legal professionals will refer to Judicial College Guidelines (JCG) to help them value claims. This is because the JCG lists compensation guidelines for various injuries. For the table below, we have used some of the amounts listed in the 16th edition of the JCG.
Please only use this table as a guide.
|Type of injury||Notes||Bracket|
|Very Severe Head injury (a)||Injuries that result in a lack of response to the environment.||£282,010 to £403,990|
|Severe Arm injury (a)||The arm, although still there, isn't of much use.||£96,160 to £130,930|
|Very Severe Foot injury (c)||Permanent disability that is significant in nature.||£83,960 to £109,650|
|Serious Hand injury (e)||Injuries that result in reduced capacity by about 50%.||£29,000 to £61,910|
|Moderate Back injury (b) (i)||Some disability remains following a back injury.||£27,760 to £38,780
|Face injury (a)||Frontal Le fort fractures||£23,810 to £36,740|
|Less Severe Elbow injury (b)||Non-significant function impairments.||£15,650 to £32,010|
|Moderate Ankle injury (c)||Less serious disabilities from fractures and tears.||£13,740 to £26,590|
|Serious Little Finger injury (n)||Loss of movement and cold weather discomfort from a fracture.||In the region of £6,000|
|Minor Eye injury (h)||Pain and some vision interference that is temporary.||£3,950 to £8,730|
Additionally, you may also be able to claim special damages. This compensates you for the financial losses you have suffered due to your injuries. For example, if you’ve required to take time off work due to your injury, you could claim back a loss of earnings. However, you will need to provide evidence of your losses, such as payslips or bank statements.
Contact our advisors today if you have any further questions about split liability claims. They could also offer you free advice for your specific claim.
Should I Accept 50/50 Liability In An Insurance Claim?
If you’re wondering, ‘Should I accept 50/50 liability for a car accident?’, you might want to seek legal representation. A solicitor can help you gather evidence to prove that another driver was fully or partially at fault for the accident you were injured in. One of our solicitors could help you with this as they have experience with split liability car accident claims.
Ultimately, the answer to the question “Do I have to accept 50/50 liability?” would depend on the specifics of your case. To discuss your case in further detail or find out if one of our solicitors could assist you with your claim, please don’t hesitate to get in touch with an advisor.
If you have valid grounds to make a 50 50 split liability claim, then you could seek support from a solicitor. Our advisors could discuss your potential claim with you. If they determine that you have a strong case, they may then connect you with one of our No Win No Fee solicitors.
One of our No Win No Fee solicitors may support your split liability claim under a Conditional Fee Agreement (CFA). Under such an agreement, you won’t have to pay any upfront or ongoing fees to your solicitor for their services. You also won’t need to pay your solicitor for their work if your claim is unsuccessful.
If your claim is a success, then the solicitor who helped with your claim will be able to take a legally capped percentage from the compensation awarded to you. This is known as a success fee.
To learn more about making a split liability claim with a No Win No Fee solicitor, get in touch with our advisors for free. To reach them, you can:
- Call us on 0800 073 8801
- Send us a message through our 24/7 live chat service
- Fill in our online contact form
The Highway Code sets out the rules of the road. You may want to read this if you want further clarification on these rules.
This leads you to the act itself, with easy navigation to different parts of the act.
In a 50 50 Insurance Claim, Who Pays For What? Split liability claims FAQs
What is the average payout for a personal injury claim?
We hear a lot of questions regarding the claims process. Most commonly, claimants ask how much compensation they could receive for a claim. The amount of compensation that could be awarded will often depend on the variables at stake. For instance, your claim will consider the cause of the accident, the damage caused, the severity of your damages and any long-term implications.
Therefore, we highly recommend that you speak to our team. Our trusty advisers are well versed in the law and could offer an estimated figure.
Must I begin my claim in a specified timeframe?
You must begin your claim within 3-years from the date of the incident for it to have a successful outcome. Please keeping mind that there are expectations to the limitation.
Should I accept 50/50 liability?
This will be determined by the nature of the accident, and it’s something your solicitor will advise you about.
What happens if nobody accepts liability for a car crash?
In this case, the matter could go to court, with your insurers noting the likelihood of winning your case.
What happens if I reject a settlement offer when making a non-fault accident compensation claim?
You should receive another offer, though you can’t accept the previously rejected offer at a later date.
50 50 insurance claim, who pays for what? – Can I make a non-fault accident compensation claim against an uninsured driver?
Should you be partially at fault for an accident, but another party is at fault and they’re not insured, you may be wondering whether you could still make a compensation claim. These cases could be quite complicated and may require assistance from a specialist solicitor. In some cases, where you are in an accident with an uninsured driver and you’re not at fault, you could make a claim through the Motor Insurers’ Bureau. In cases where you are looking to claim compensation for a non-fault accident from the MIB, we would be happy to assess your case. We could see if you could be eligible for compensation. Our team could then take on your claim if we believe your case could lead to compensation.
50 50 insurance claim, who pays for what? – Could I claim compensation for a non-fault accident if I suffer psychological injuries?
Have you suffered from anxiety, distress, trauma or PTSD after an accident? If so, you could potentially claim non-fault accident compensation for such injuries.
Can you claim if the accident was your fault?
If the accident is wholly your fault, you would not be able to claim compensation for your injuries from the other motorists involved. However, it is not always clear-cut who causes an accident. This is why we would advise you never to admit fault at the scene of an accident. Someone else might also be partially to blame.
If you would like to have your case assessed to see whether you need to make a 50 50 claim or whether you didn’t contribute to the accident voluntarily, we could assist you. Please contact the team for advice and support.
In a 50 50 insurance claim, who pays for what?
If you and the other party both accept 50% liability for the accident, their insurer would pay for your damages and your insurer would pay for the damage due to the other party.
Does a personal injury claim affect your car insurance?
If you’re wondering does a personal injury claim affect your car insurance, this depends. You should speak with your insurance provider for more information.
Can you claim for whiplash if the accident was your fault?
Are you wondering whether you could claim for whiplash if the accident was your fault? In some cases, you may be able to claim even if the accident was partially your fault. This is called a split liability claim.
Alternatively, you could claim if you were partially responsible for the injuries you sustained. This is known as contributory negligence.
However, the compensation you receive will be adjusted according to the percentage of liability you hold.
For information on non fault accidents, call our team.
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