By Joanne Jeffries. Last Updated 29th September 2021. Within this guide, we are going to take a look at 50/50 split liability claims in detail. In doing so, we are going to cover a lot of information on compensation for a non-fault accident and how to claim non-fault accident compensation. We provide free legal advice too. For instance, we are going to address split liability compensation, evidence collection, and much more. Most people assume that to be able to claim compensation for an accident, that the cause of the accident was someone else’s fault.
Many 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.
Although it is true that if an accident was entirely your fault, you won’t be able to claim compensation, in split liability claims, you may still be entitled to compensation for your injury. in accidents where the fault may lie with two or more parties, it is often possible for each party to be able to claim an amount of monetary compensation for any personal injuries sustained.
When it comes to split liability claims, cases are often complex and intricate. Unless there is a split liability agreement between the parties involved, your case may go to court so that a judge can decide who is the responsible parties are. For example, there is often more than one responsible party who caused the crash in a road collision at a roundabout. In cases such as this, a judge can decide where the blame lies so that one or more of the parties involved can claim compensation for any injuries.
Due to the complex nature of how a 50 50 claim works, it is always advisable to seek free legal advice from a professional solicitor. The team and Accident Claims UK can put you in touch with a specialised 50 50 split liability solicitor who will be able to advise whether you may have a compensation claim and who can also deal with your claim on your behalf while you focus on your recovery. Call us today on 0800 073 8801 to start the process of claiming split liability compensation today.
Select a section
- A guide to split liability claims and compensation for a non-fault accident
- 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
- Establishing fault and liability in an accident
- Can I claim my own insurance for non-fault accident compensation?
- Who can I claim from if a car accident was my fault?
- Can I still claim for whiplash if I caused the accident?
- Can I claim for a personal injury if I caused the accident?
- How to start your fault or liability accident claim for non-fault accident compensation
- Compensation claim calculator for accidents with 50/50 blame or liability – Updated September 2021
- No win no fee partial fault or split liability accident claims
- Why choose us for your split liability or (50/50) fault compensation claim?
- Contact us about making a non-fault accident compensation claim
- Useful links relating to compensation for a non-fault accident
In the case of split liability claims, it is not always clear cut about where the fault lies for an accident. In personal injury compensation claims with clear liability, whether or not you are entitled to compensation for your injury is usually pretty straightforward. However, when you have caused an accident or have been involved in a 50 50 at-fault accident, whether or not you will be entitled to compensation is much more complicated.
This guide aims to give you information and advice about 50 50 split liability compensation cases or cases where more than two parties are involved so that you can begin to get an idea of whether or not you may be entitled to compensation after an accident that may partly have been your fault. This guide will also explain how a 50 50 claim works and the most common types of split liability claims.
We will attempt to answer the age-old question, “I was involved in a car accident that was my fault can I claim personal injury compensation?” and also give you a rough idea of the amounts you may be able to claim for with our compensation calculator. The guide will also give you information about what damages you can include in split liability claims.
If you consider beginning a claim for personal injury compensation after an accident that was partly your fault, it is always advisable to seek legal advice first. Still, this guide will give you a good start on knowing in a 50 50 insurance claim who pays for 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 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.
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 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%. A judge will take into account all of your claim for damages and award according to your individual circumstances, and then you will receive half of that amount, as that is how a 50/50 claim works.
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 type of road users suffering injuries ina. road traffic accident in 2020.
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 – rear-end collisions are among the most common types of accidents on the road. While a bump from behind may not seem that serious, they can cause whiplash injury, which can be very painful for a long time. While rear-end collisions are often the fault of one driver, if your car is hit from behind and then is jarred into the car in front, you and the other drivers would likely end up making split liability claims.
- Driver making a right-hand turn- making a right-hand turn across traffic can easily cause an accident. If you have made the turn in front of a speeding car, you can make split liability claims as you would both be at fault for any collision.
- Right of way confusion- where more than one side road joins a main road, there can often be confusion about who has the right way. Cars joining from opposing side roads at the same time can end up colliding if they do not know who has the right of way.
Other 50 50 split liability accidents can occur, but these examples should give you an idea of whether or not your own accident could be considered a split liability agreement.
For some road traffic accidents, it is obvious who is at fault, making any claim for personal injury or insurance claims relatively straightforward. However, when each driver considers the other party to be at fault, things can become more complex, especially if there is fault on both drivers’ behalf. Some accidents may even have more than two parties who are liable for causing the collision.
If there is a dispute 50/50 insurance claim, then the drivers involved’ insurance companies will often perform an investigation to find who was at fault and therefore liable for any damages. If the insurance companies cannot decide, or the drivers refuse to accept responsibility rather than coming to a split liability agreement amicably, then the case may proceed to court, and a judge will make the final decision about who is liable.
If you are unsure whether you have been involved in a 50 50 at-fault accident, you should seek legal advice from a solicitor specialising in split liability claims. If the other driver does not want to come to a split liability agreement, it will be beneficial to you to have legal representation and advice to guide you through the process should your claim for split liability compensation end up in court.
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.
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.
If you have been in a car accident and it was your fault, then you won’t be able to claim any personal injury compensation. However, if you have fully comprehensive car insurance, you can claim damages to your vehicle against your own car insurance. If you only have third party car insurance, then you will be left paying the damage yourself.
If you have been involved in an accident that was entirely your fault then, unfortunately, you will not be able to make any claim for personal injury compensation, as previously mentioned. However, how a 50 50 claim works is that if you are sharing liability with another driver, then you can make split liability claims for any damages, including whiplash, and you will receive 50% of the split liability compensation amount you would have otherwise received if the other driver had been solely at fault for the accident.
In split liability claims, if you share responsibility for the cause of any accident, you are still entitled to 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 have been involved in a road traffic accident, then you must seek legal advice as quickly as possible to determine how best to proceed. You should also contact your insurance company, especially if you believe you may need a split liability claim as you believe you may share some of the accident’s fault. In some cases, your insurance company and the other driver’s insurance company will be able to deal with the 50/50 accident with no claims between themselves.
However, if neither driver accepts any responsibility, then your case may need to be heard in court if the insurance company’s investigation doesn’t resolve the dispute 50/50 insurance claim. In this case, you should seek legal advice and guidance to help deal with your case.
If you have sustained an injury in the accident that you are going to claim compensation for as part of your split liability claim, you will also need to get a medical examination from a doctor, which will show all the effects of the injury as well as the potential repercussions in the future.
For help starting split liability claims, call Accident Claims UK today on 0800 073 8801 and speak to one of our advisors who can put you in touch with a split liability agreement specialist.
It is important to remember that all compensation claims are different. Any amounts of compensation awarded for split liability claims are worked out individually and depend on several variants, such as the severity of injury and amount of blame held by the claimant. This table outlines the minimum and maximum split liability compensation amounts that could potentially be awarded for split liability agreements.
|Type of injury||Minimum amount||Maximum amount|
At Accident Claims UK, we offer our expert legal help on a No Win No Fee basis for personal injury cases, including split liability claims. As we work on a No Win No Fee basis, there is no financial risk to yourself at all. If your claim is not successful, then you do not need to pay a penny. If your claim is successful, we take out fees from the amount you are awarded to not worry about finding extra money for legal fees. This allows you to focus on your recovery without the need to worry about potentially large legal costs.
The dedicated team at Accident Claims UK will put you in touch with a specialised split liability claims solicitor who will work closely with you to understand your case’s complexities to get the best outcome possible. We will arrange a thorough medical examination so that the extent of any injuries is fully understood. So we can get the most damages for you as possible to help you recover with as little stress as possible.
If you need to start a split liability agreement and unsure where to start, call us today on 0800 073 8801 or email us at firstname.lastname@example.org. Alternatively, please fill out our contact form with some details of your claim, and one of our dedicated team will get in touch with you with more information and advice about split liability compensation.
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.
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, we are asked how much compensation could be awarded 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.
What can you claim for personal injury?
- Loss of earnings.
- Physical injuries.
- Psychological trauma.
- Future loss of earnings.
- Equipment – such as your vehicle, phone, etc.
- Medical negligence.
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.
How does a 50/50 claim affect insurance?
This means that each side accepts 50% of the claim value from one another’s insurers for being equally responsible.
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.
Is it better to settle or go to trial when making a non-fault accident compensation claim?
It is quicker and easier to sell out of court, though a trial could see you being awarded more compensation.
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 to see if you could be eligible for compensation. We could then take on your claim if we believe your case could lead to compensation.
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. Psychological injuries could be quite complex, and the effects of such injuries could last for years in some cases. Some people never get over the mental trauma of a car accident, and they could suffer socially, or with a return to work. This could severely impact their life. Here at Accident Claims UK, we could help you claim the compensation you deserve for any psychological injuries you’ve suffered in an accident on the road. Whether you were a motorcyclist, passenger, motorist or pedestrian, we could offer you free, no-obligation legal advice too.
Thank you for reading our guide on split liability claims for split liability compensation. Now you’ll know more about how to make a non-fault accident compensation claim and how we could help you get compensation for a non-fault accident.