Was another road user at least partly responsible for a car accident you were injured in? If so, you may be looking to make a split liability car accident claim.
This guide covers what a split liability claim means and when you could be eligible to claim personal injury compensation. We also look at how compensation is calculated for this type of claim and what type of damages could be reimbursed if a claim is successful.
Furthermore, we look at what types of evidence you should collect if you want to make a split liability car accident claim and how No Win No Fee agreements work.
Our panel of specialist No Win No Fee personal injury solicitors have years of experience in the legal field. If you are eligible for split liability compensation, they can greatly help you throughout each step of the personal injury claims process.
To find out whether you can connect with our panel today, please contact us. Our contact services are free to use and live 24/7:
- Ring us on 0800 408 7825.
- Fill out our online contact us form.
- Access free advice with on-screen our live chat box.
Jump To A Section
- What Is A Split Liability Claim?
- Can I Make A Split Liability Car Accident Claim?
- How Is Compensation Calculated In Split Liability Claims?
- What Compensation Could I Receive In A Car Accident Claim?
- How Do I Make A Split Liability Car Accident Claim?
- Can I Make A No Win No Fee Car Accident Claim?
- Learn More About Claiming For A Road Traffic Accident
What Is A Split Liability Claim?
A split liability car accident claim is when more than one road user is responsible for a car accident.
For example:
- Two car drivers swerved into each other because they were both using their mobile phones and therefore were not paying enough attention to the roads. From this, they each suffer a serious spine injury.
- One driver pulls out of a junction without stopping and looking and hits a vehicle that is speeding. The driver that was speeding suffers brain damage while the other suffers deep lacerations from the shattered glass of the car window.
- Two lorry drivers try to change lanes on the motorway at the same time without indicating or looking. They both collide into the sides of each other, leading to both drivers sustaining bone fractures.
Can I Make A Split Liability Car Accident Claim?
You may be eligible to make a split liability car accident claim if you can prove that another road user breached their duty of care and therefore is at least partly responsible for your car accident.
All road users owe a duty of care to one another while using the roads. This duty of care is the responsibility of using the roads lawfully in order to prevent anyone from being injured.
To adhere to this duty of care, road users must follow the rules, regulations, and recommendations that are in the Road Traffic Act 1988 and The Highway Code.
As such, the eligibility criteria for making a personal injury claim after a split liability car accident is as follows:
- A road user owed you a duty of care.
- Duty of care was breached by the road user.
- You suffered an injury at least partly because of this breach.
If all of the above criteria applies to you, contact us today to find out whether you are eligible for compensation. Even if you were partly at fault for a car accident, you may still be able to make a claim if you can prove that at least one other road user is also partly at fault.
How Is Compensation Calculated In Split Liability Claims?
The proportion of liability determines how much personal injury compensation each party should receive. For example:
- 75%/25% liability. If you are only 25% liable for a car accident, you would receive 75% of the agreed compensation total if your claim is successful. This is because whilst the defendant may have accepted the majority of the blame for the accident, your actions still contributed in a minor way.
- 50%/50% liability. If both yourself and the defendant are equally responsible for the accident, then you would receive half of the agreed compensation total if your claim is successful.
- 100% liability. This is when the defendant is fully responsible for the accident and you did not breach your duty of care at all. In this case, you would receive 100% of the agreed compensation total if your claim is successful.
Sometimes, it can be complicated to determine what percentage of liability lies where when more than one party is responsible for a road traffic accident. For this reason, we recommend working with a specialist personal injury solicitor from our panel. They can represent any negotiations on your behalf and ensure that road traffic accident claims are valued fairly and accurately.
What Compensation Could I Receive In A Car Accident Claim?
If your personal injury claim is successful, your compensation total will be made up of up to two heads of claim. These heads of claim are known as general and special damages. General damages will definitely be awarded, and special damages might be awarded.
General damages covers the psychiatric and physical damages you are suffering due to a car accident. As such, these factors are just some that are looked at:
- Loss of amenity.
- The severity of your injury.
- What your prognosis is and how long it will take for you to fully recover.
At some point throughout the claims process, you will be asked to have an independent medical assessment. The reports from this can be used with the Judicial College Guidelines (JCG) to help legal professionals work out how much your general damages should be worth.
The JCG is a document with guideline compensation values for all sorts of psychiatric and physical injuries/illnesses.
Injuries Table
In the table below, we have taken some injuries and figures from the JCG (except for the top row) as just some examples of what could be suffered following a car accident.
Please remember that none of the figures in the JCG can be guaranteed for any claim as all claims are different. Additionally, in a split liability claim, the amount of compensation you would get for an injury would depend on the percentage of liability that lies with the defendant.
| Injury | Severity | Compensation figures |
|---|---|---|
| Multiple serious injuries plus financial losses | Serious | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderately severe (b) | £267,340 to £344,150 | |
| Moderate (c) | £183,190 to £267,340 | |
| Back | Severe (a) (i) | £111,150 to £196,450 |
| Severe (a) (ii) | £90,510 to £107,910 | |
| Moderate (b) (i) | £33,880 to £47,320 | |
| Neck | Severe (a) (i) | In the region of £181,020 |
| Severe (a) (ii) | £80,240 to £159,770 |
Special Damages
Special damages covers the financial damages you are suffering due to a car accident. This can include:
- Loss of earnings for not being able to work during your recovery.
- Medical costs, such as private surgery and physiotherapy.
- Domestic care costs.
Keeping evidence of how you’ve financially been affected from an accident is crucial since special damages are not guaranteed to be awarded. Such evidence includes invoices, receipts, payslips, and bank statements.
For more information on how car accident compensation is calculated, particularly for a split liability agreement claim, please contact us today.
How Do I Make A Split Liability Car Accident Claim?
Proving that another road user is at least partly to blame for your car accident injuries is extremely crucial in a split liability claim.
- Insurance and vehicle registration details from the other road user(s) involved.
- Any copies of correspondence you have had with the other party’s insurance.
- Photographs of your injuries and the accident scene, including damage to vehicles.
- Dash-cam footage or CCTV footage that shows how the accident happened.
- Police reports.
- Copies of your medical records that show what injury you have suffered, how severe it is, and that treatment you need.
- Contact information from any witnesses to the accident.
If your split liability car accident claim is eligible, and you connect with a No Win No Fee solicitor from our panel, they can help you collect your evidence. This is just one of the things that are a part of their services. So, to find out whether you can have help with collecting your evidence, get in touch with our team today.
Can I Make A No Win No Fee Car Accident Claim?
There are many things that are a part of our panel of solicitors’ services to help you. As well as collecting evidence as we have previously mentioned, this includes:
- Sending correspondence on your behalf to the defendant and their legal representatives.
- Keeping you updated throughout all stages of the claims process.
- Explaining any and all legal terminology to you.
- Finding you legal representation if your case must go to court.
- Making sure that your claim is filed on time and within the relevant time limits.
- Making sure that your compensation is accurately and fairly valued.
If you’re eligible for compensation, you can make a No Win No Fee split liability claim with us. A lawyer from our panel, specifically, can offer you a Conditional Fee Agreement (CFA).
Here is how a CFA works:
- You will not pay any fees for the work your solicitor will do before the claims process starts.
- You will not pay any fees for the work your solicitor does during the claims process.
- You will not pay any fees for the work your solicitor has done if you do not have a successful personal injury claim.
You will still not pay any fees directly from your pocket for the work your solicitor has done if your claim is successful. Instead, your solicitor will deduct a success fee from your compensation award. Success fees are a percentage capped by law at a maximum of 25%. This ensures that if you’re successful, you will receive the majority of the compensation award.
Contact Us 24/7 To See If You Can Make A Split Liability Claim
Contact us today if you feel like you may be eligible to make a personal injury claim on a split liability basis. Our friendly team can assist you with any questions you have and potentially connect you to our expert panel.
Contact us at any time that suits you:
- Ring us on 0800 408 7825.
- Fill out our online contact us form.
- Access free advice with on-screen our live chat box.
Learn More About Claiming For A Road Traffic Accident
Here are some of our other guides about road traffic accidents:
- Information on how long a car accident claim takes.
- Advice on what to do if a third party is not admitting liability for an accident.
- Guidance on fatal car accident claims.
Additionally, here are some extra pages which might provide you with helpful information:
- THINK! – a UK Government road safety campaign that contains helpful road statistics.
- NHS – an overview of first aid.
- Gov.UK – information on how to claim Statutory Sick Pay (SSP) for taking time off work to recover from injuries.
Thank you for reading our split liability car accident claims guide. If you still have any questions, please don’t hesitate to ask our team.