Split Liability Road Traffic Accident Claims

If you’re in London and need the help of specialist road traffic accident solicitors, you’re in the right place

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In some cases, road traffic accident claims are fairly straightforward and one party is obviously to blame for the incident. However, in other cases, apportioning blame simply isn’t as easy – but that doesn’t mean you can’t pursue compensation for any suffering caused. Importantly, if you were partly to blame for a collision or incident, you might still be eligible to make a split liability road traffic accident claim.

Our team of solicitors have been helping with complex insurance claims for years. Using their expertise, they will assess your claim for free and explain if you might still be entitled to some form of compensation. If they agree to represent you, they’ll strive to ensure that you receive the maximum settlement possible.

Read on to learn more about split liability road traffic accident claims and your chances of being compensated. If you’d like personal advice, you can contact our team online or call 020 7362 2085.

When Are Split Liability Road Traffic Accident Claims Possible?

Split liability road traffic accident claims arise when more than one party shares responsibility for a collision. You can make a claim in these cases if the liability isn’t entirely yours or the other party’s. For example, you might have grounds to proceed on a split liability basis for the following types of incident:

Multi-vehicle collisions in congested areas
Crashes at junctions where both drivers misjudged priority
Accidents in car parks where both drivers reversed into each other at the same time.
A motorcyclist who was riding too fast when a car pulled out in front of them.

Split liability, also known as contributory negligence, can involve quite tricky negotiations because neither party wants to admit more than their fair share of responsibility for the accident.

For that reason, it is often a good idea to take on specialist legal representation. If you would like us to check your claim over for free and advise on what level of blame you might have to admit to, please call today.

Examples of Negligence That Might Lead To Split Liability Road Traffic Accident Claims

Some common examples of negligence that can lead to split liability claims include:

Failing to signal: Where both one party fails to indicate, so the other party assumes that it’s safe to pull out.
Distracted driving: Where one or both drivers are checking their mobile phone and, as a result, a collision occurs.
Incomplete observations: Where both parties fail to check that it’s safe to proceed with a manoeuvre before taking action.
Adverse weather conditions: For example, if a collision occurs because the sun blinds both drivers.

Typically, when split liability applies in road traffic accident claims, each party is assigned a percentage of blame. As an example, if you agree that you were 25% to blame, you’d only receive 75% of the normal settlement. If you’d like help with a split liability road traffic accident claim, please don’t hesitate to call today.

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What Does Compensation Cover In Split Liability Road Traffic Accident Claims

If you are compensated for a road traffic accident on a split liability basis, compensation is calculated in the normal way and then reduced accordingly. This means your settlement can cover any injuries (physical or emotional) and costs. These costs, or financial losses, can cover physiotherapy costs, other medical expenses, loss of earnings and care costs, amongst other things.

What Time Limits Apply

As with any other personal injury claim, you must usually start your split liability road traffic accident claim within 3 years of the date of the incident. Claiming outside this period will typically mean you’re too late to be compensated.

Are No Win No Fee Split Liability Road Traffic Accident Claims Possible?

Yes, our solicitors offer No Win No Fee agreements for split liability claims if your case meets the required criteria. If your case proceeds, this means you won’t have to pay any legal fees up front. Furthermore, you’ll only pay your solicitor for their work if the claim is won. Should that happen, you’ll have an agreed percentage of your settlement deducted as a success fee.

Using Evidence To Build A Stronger Split Liability Road Traffic Accident Claim

When making a split liability road traffic accident claim, you’ll want as much evidence as possible to try to reduce your liability for the incident. In many cases, this will involve:

Dashcam or CCTV Footage: Video recordings from dashcams or nearby CCTV cameras can clearly show how the accident happened and the actions of both drivers involved.
Photographs of the Scene: Photos showing vehicle positions, road markings, skid marks, damage, and weather conditions can help establish the circumstances of the collision.
Witness Statements: Independent statements from people who saw the accident can provide unbiased accounts of what occurred.
Police Reports: An official report from attending officers often includes their assessment of the incident, diagrams, and details that support or refute the claims of both parties.
Vehicle Damage Reports: Engineer or repair assessments can reveal how and where vehicles were impacted, helping to establish the mechanics of the collision.
Accident Reconstruction Reports: Expert analysis using physical evidence, vehicle damage, and road conditions can recreate how the accident likely unfolded to determine shared responsibility.

This isn’t necessarily evidence you’ll need to collect yourself. If your claim is accepted by one of our specialists, they’ll often collect evidence on your behalf. This will aim to prove your case and minimise the amount of compensation you’ll lose due to your negligence.

Frequently Asked Questions (FAQ)

Below, you can find answers to some frequently asked questions about how split liability road traffic accident claims work:

How much compensation will I lose if I settle a road traffic accident claim on a split liability basis?

If you settle a road traffic accident claim on a split liability basis, the amount of compensation you receive will be reduced in proportion to the percentage of liability agreed upon. For example, if you are found to be 30% at fault and the other party is 70% at fault, you will lose 30% of your total compensation, only receiving 70% of the final settlement amount. This reduction reflects your share of responsibility for the accident.

Will my solicitor try to prove the other party was to blame before accepting contributory negligence?

Yes, your solicitor will typically seek to establish that the other party was primarily at fault before considering or accepting contributory negligence. Their initial aim is to maximise your claim by proving the other party’s responsibility for the accident or incident. Only if there is clear evidence that you may have contributed to the circumstances will your solicitor consider contributory negligence, as this could reduce the compensation you receive.

Do I have to go to court to determine blame in a split liability road traffic accident claim?

No, you do not always have to go to court to determine liability in a split liability road traffic accident claim. Many of these claims are resolved through negotiation between the parties involved or through their insurance companies. If both sides can agree on the proportion of liability without legal proceedings, the case can be settled out of court. However, if agreement cannot be reached, the matter may ultimately need to be decided by a court