By Jo Anderson. Last Updated 29th January 2024. If you have been injured in a road traffic accident, you may be wondering whether you could be eligible to claim compensation. But what happens if there is fault on both sides, and you were partly responsible for the accident that caused your injuries? 50 50 split liability compensation claims could be made if both parties were equally responsible for the accident.
Who pays what in such claims would depend on how much contributory negligence came from each side. For example, if you were 50% responsible for the accident, you would receive 50% of the total amount of compensation you could have received if the other party had been completely responsible.
Within this guide, we will discuss when you could be eligible to make a personal injury claim, and how a 50/50 split liability claim may arise. We will also set out the time limits that must be adhered to when making such a claim.
Additionally, this guide will share examples of evidence that could be collected to help support your case and determine how responsible you were for the accident. We will also provide some advantages to working with one of our No Win No Fee solicitors as well as discuss how they could help you with claiming compensation.
If you would like to discuss your particular claim and receive free advice, you can contact a member of our advisory team. They are available 24 hours a day, 7 days a week, to help answer any questions you may have. They can be contacted via the following:
- Call 0800 073 8801
- Use the live chat.
- Contact us via the contact form, and an advisor will call you.
Split liability accident
Select a section
- When Could 50 50 Split Liability Compensation Claims Be Made?
- How Long Do I Have To Make A Split Liability Claim?
- 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 Split Liability Compensation Claims
When Could 50 50 Spilt Liability Compensation Claims Be Made?
Fault, or liability in personal injury claims, relates to the party who has been determined to be responsible for the accident and have caused the injuries to the other party. When deciding fault in accident claims, all the evidence will be assessed to determine if one party is to blame (single liability) or if it is not entirely the fault of one party (split liability). Split liability claims can happen if both parties are said to have contributed in some part to the accident having happened.
To have a valid personal injury claim, you would need to prove someone breached a duty of care to you, causing an injury. For example, all road users have a duty of care to use the roads in a way that doesn’t cause harm to others or themselves. Furthermore, the Road Traffic Act 1988 sets out the laws they must follow, and the Highway Code contains advice and guidance they should adhere to.
If someone breaches this duty of care, and you are injured because of this, you could be eligible to claim compensation. However, if you are equally at fault, your case may be handled on a 50 50 split liability basis. This means that if your personal injury claim is a success, you will receive 50% of the total compensation that would have been awarded to you had you not been half responsible.
To learn more about split liability car accident claims, please read on. Alternatively, if you would like to see if you have an eligible case, please call an advisor.
How Long Do I Have To Make A Split Liability Claim?
Most split liability claims have a limitation period of three years from the date of the accident. This personal injury claims time limit is set out under the Limitation Act 1980.
However, there are some exceptions to the limitation period for some claimants. For example, should a child under the age of 18 be injured in a split liability car accident, they would not be able to claim until they reached adulthood. This means the limitation period would pause until their 18th birthday. From this date, they will then have three years to begin their own legal proceedings. During the time it is paused, a claim could be made for them by a litigation friend.
Additionally, the time limit is frozen indefinitely for those lacking the mental capacity to make their own claim. It would only be reinstated if the person were to gain this mental capacity and would run from their date of recovery. Alternatively, a litigation friend could act on their behalf while the time limit is frozen.
To learn more about claiming on a 50/50 split liability basis, either on behalf of someone else or for yourself, please contact an advisor.
How To Start A Split Liability Claim
When making a split liability claim following a road traffic accident, you will need to present evidence that shows how the other road user was responsible for the accident, and the injuries you suffered as a result.
Some examples of the evidence you could collect to support your case include:
- Video footage of the accident taking place. This could be from CCTV or a dashcam.
- Photographs of the accident scene and any visible injuries you suffered.
- A copy of the police report if they attended the scene of the accident.
- The contact information of anyone who witnessed the accident as they could provide a statement at a later date.
- A copy of your medical records, detailing your injuries and the treatment you needed for them.
If you choose to work with a solicitor on your case, they could help you with gathering evidence. To see if you could be eligible to work with one of our solicitors or to ask any questions such as, ‘In a 50 50 insurance claim, who pays what?’, you can contact our advisors.
How Much Are Split Liability Claims Worth?
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, except for the first entry.
Additionally, the last two entries have been taken from the fixed tariff listed within the Whiplash Injury Regulations 2021, as these may apply to certain road traffic accident claims.
| Type of injury | Notes | Bracket |
|---|---|---|
| Multiple serious injuries including special damages. | Combinations of serious injuries that result in financial loss, such as travel expenses and loss of income. | Up to £1,000,000+ |
| Very Severe Head injury (a) | Injuries that result in a lack of response to the environment and require full-time nursing care. | £282,010 to £403,990 |
| Severe Arm injury (a) | Although amputation wasn’t required, the arm has been left little better off than if it had. | £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) | Injuries could include crush or compression fractures of the lumbar vertebrae. | £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 |
| Whiplash Tariff 2(1)(b) | 1+ whiplash injuries alongside 1+ psychological injuries that last between 18 to 24 months. | £4,345 |
| Whiplash Tariff 2(1)(a) | 1+ whiplash injuries that last between 18 to 24 months. | £4,215 |
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.
Split Liability Claim With A No Win No Fee Solicitor
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
Useful links For 50 50 Split Liability Compensation Claims
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.
Thank you for reading our guide on 50 50 insurance claim – who pays for what?