If you are injured in a road traffic accident while not wearing a seatbelt, you may still be able to claim compensation. However, your payout…
What does split liability mean?
A split liability claim occurs when both parties to a personal injury claim share blame for the accident that caused the claimant’s injuries.
We are a claims management company regulated by the Financial Conduct Authority.
What is a Split Liability Claim?
In some personal injury claims, both the claimant and defendant may be at fault for an accident and the injuries that resulted from it. When liability is shared between both parties, this is known as a split liability claim.
This type of claim is common in road traffic accidents, workplace accidents, and public place accidents, where both parties may have acted carelessly. Even if you were partly at fault, you may still be entitled to make a claim, but your compensation will be reduced to reflect your share of responsibility.
If you are ready to start your claim, call 0800 470 0474 today or request a call back for a free consultation with an experienced legal adviser. Otherwise, read on to learn more about what split liability means, how responsibility is assessed and how compensation is affected.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
Table of Contents
What does split liability mean in personal injury cases?
Split liability occurs when both parties share blame for an accident, meaning the claimant is partially at fault for their own injuries. In such cases, you may still be eligible to claim compensation, provided that another party is also to blame.
For example, another driver may have caused a car accident by speeding or failing to yield the right of way, but you may be found partially responsible for the extent of your injuries if you were not wearing your seatbelt.
In such cases, liability is expressed as a percentage (e.g. 75/25 or 50/50), and compensation is reduced according to your degree of fault.
Am I eligible for a split liability compensation claim?
Before deciding whether a split liability agreement may apply, a solicitor will verify whether your case meets the criteria for making a personal injury claim:
- The other party owed you a legal duty of care.
- They breached this duty and caused or contributed to your accident.
- You suffered an injury or injuries as a direct result of the accident.
- You are within the legal time limit for starting a claim.
A duty of care will be established based on different legislation, depending on the situation. For example, the Health and Safety at Work etc. Act 1974 may apply to workplace accident claims, and the Road Traffic Act 1988 to road traffic accident claims.
Strong evidence, such as witness statements, photographs of hazards and medical records, will be used to determine a potential liability split, which you should focus on collecting from the start.
Who decides how liability is split in a claim?
Liability or fault in a claim is usually agreed through negotiations between solicitors and insurance companies. If they cannot agree, a court judge will determine the final liability split.
Most claims are settled out of court between the parties. The percentage of liability is decided based on the available evidence, contributory negligence and precedents (previous cases with similar circumstances).
Insurers and personal injury solicitors rely heavily on evidence such as:
- Independent expert reports
- Witness statements
- Photographs, videos and CCTV footage
- Accident and police reports
How can liability be split in a compensation claim?
Liability is apportioned by assessing each party’s share of blame for the accident and the damages incurred. This is based on the available evidence, the legislation and the legal principles of negligence.
In principle, insurers, solicitors and courts can agree or decide different liability splits based on the circumstances. In practice, however, the most common liability splits are:
- 100% liability – the defendant is entirely responsible for the accident, and you will receive 100% of any compensation award.
- 75%/25% split – the defendant holds 75% responsibility for the accident, while you are 25% to blame and will only receive 75% of the compensation award.
- 50%/50% split – both you and the defendant are equally responsible for the accident, and you will only be awarded 50% of the value of your claim.
- 25%/75% split – you are mostly at fault for the accident, but you can still receive 25% of the total compensation owed if the accident were entirely the fault of the defendant.
How does a split liability agreement affect compensation?
Before considering any split liability, your solicitor will calculate the total value of your claim based on two types of damages caused by the accident:
General damages are based on the type and severity of injury and cover its subjective impact on your life. These can include:
- Physical pain and suffering
- Emotional and psychological injury
- Scarring and disfigurement
- Loss of enjoyment of life
- Impact on hobbies and social life
Special damages are based on financial documents such as receipts and payslips, and cover related financial losses and expenses:
- Private medical treatment
- Rehabilitation and care costs
- Loss of earnings
- Travel expenses to medical appointments
Once the full amount of compensation is calculated, it will be reduced in proportion to your share of liability. For example:
- Your claim for a severe hand injury is worth £40,000.
- You are found to be 25% partially responsible for the accident.
- Your personal injury compensation will be reduced to £30,000.
You can use our free online compensation calculator to find out the potential value of your claim.
Examples of split liability in personal injury claims
Split liability is most common in road traffic accidents, but it could also apply to various other situations, such as accidents in public places or at work. Some examples of claims in which both the claimant and defendant are partially responsible for an accident include:
- Car accident claims – one driver was speeding, but the other failed to check properly before pulling out of a junction or was not wearing a seatbelt.
- Workplace accident claims – you are injured by faulty machinery at work, but you were not wearing the personal protective equipment provided by your employer.
- Slips, trips and falls – you slipped on a wet floor in a supermarket, but the area was marked with a wet floor sign that you ignored or did not notice due to being distracted.
- Pedestrian accident claims – the driver was speeding, but the pedestrian crossed the road without using a designated crossing or looking for oncoming traffic.
- Dog bite claims – the owner failed to restrain an aggressive dog, but you entered their property, ignoring a clear ‘Beware of dog’ sign.
If you believe you are entitled to compensation for any other type of accident, do not hesitate to contact a solicitor to have your case assessed for free.
How can I strengthen a split liability claim?
When making a claim, the initial burden of proof lies with the claimant. This means they must prove the defendant owed them a legal duty of care and breached it, which directly caused their injuries.
However, if the defendant argues split liability, they may need to provide evidence of contributory negligence. In such cases, you can rely on strong evidence to reduce your share of the blame. This could include:
- Clear photographs of the accident scene and hazards, taken from different angles.
- CCTV or dash cam footage, which can prove how the events unfolded.
- Independent witness statements supporting your version of the events.
- Reports from accident reconstruction experts and other expert witnesses.
- Police or accident reports detailing how, when and where the accident happened.
- Medical records confirming your injuries and their cause.
- Inspection and maintenance records from employers, local authorities or businesses.
What is the time limit for making a split liability claim?
Under the Limitation Act 1980, you typically have 3 years following an accident that caused you injury to claim compensation on a split liability basis.
There are a few exceptions to this rule:
- For child injury claims, the three-year period only begins on the child’s 18th birthday. A parent or legal guardian can make a claim on their behalf at any time before that.
- If the claimant lacks the mental capacity to handle a claim, the limitation period is suspended unless capacity is regained.
- For industrial diseases and other injuries that develop over time, the 3 years start to run from the date the injury is diagnosed and found to be linked to negligence.
Can I make a split liability claim on a no win no fee basis?
Yes. If you have a fair chance to make a successful personal injury claim, the solicitors we work with may represent you under a no win no fee agreement. This means:
- No upfront legal costs.
- No solicitor fees to pay if the claim fails.
- If the claim is successful, a percentage capped at 25% of your compensation is paid as a success fee to your solicitor.
This arrangement allows you to pursue compensation without paying legal fees upfront, even when liability is shared or disputed.
To find out if you can start a split liability claim and how much compensation you could be awarded, call 0800 470 0474 today for a free case assessment or use our online claim form to request a call back.
