In this guide, we will explain how to make a split liability road traffic accident claim. In certain incidents, you could share fault for a road traffic accident with another party. However, this does not mean you are unable to make a claim. You may still be eligible to receive compensation for your injuries.
Road users have a duty of care to safely use the roads and not put other road users at risk of harm. This is outlined in the Road Traffic Act 1988. Also, The Highway Code provides guidelines and rules for road users to follow, a number of which are backed by law elsewhere.
This guide will explore how you could make a claim after a car accident where you are partially liable. We will look at the criteria of eligibility that must be met and provide a guide to compensation amounts. Continue reading to learn more.
Alternatively, speak to a member of our team for confidential advice at no cost. They can offer insight into the validity of your claim and, should they find you could have an eligible case, may put you in contact with one of the specialist personal injury solicitors from our panel.
You can speak to an advisor by:
- Calling 020 8050 2736
- Filling out our online form to contact us
- Using our live chat feature at the bottom of this page
Split liability road traffic accident claim guide
Choose A Section
- A Guide To Claiming Split Liability In A Road Traffic Accident Claim
- When Do You Make A Split Liability Claim?
- What Could You Receive From A Split Liability Road Traffic Accident Claim?
- What Evidence Could Help You In A Road Accident Claim?
- Why Make A No Win No Fee Road Accident Claim?
- Learn More About Claiming Split Liability In A Road Traffic Accident Claim
A Guide To Claiming Split Liability In A Road Traffic Accident Claim
A split liability road traffic accident claim happens when multiple parties are deemed partially liable for an accident that has resulted in injuries. The amount you are to blame for the accident resulting in your injuries may affect the level of an award.
Road traffic accidents could result in injuries ranging from minor to severe and life-changing. To be eligible to make any personal injury claim, you must have suffered injuries due to an accident caused by a breach of a duty of care. This is classed as negligence.
Please don’t hesitate to speak to one of our expert advisors to ask any questions you may have regarding starting a road accident claim.
When Do You Make A Split Liability Claim?
If a road user caused you to sustain harm in an accident, for which they are deemed fully liable, you could be eligible to claim compensation. You can also claim if you are deemed partially liable for the accident. Some examples of accidents where multiple road users could share liability include:
- Two drivers collide as they both merge into the same lane without carrying out the appropriate checks or looking at their surroundings.
- One driver fails to look both ways when moving out at a T-junction. As they pull out, another driver is speeding down the road, resulting in a collision.
- Two drivers reversing out of spaces in a car park fail to check their surroundings and crash the rear of their cars.
To find out whether you could make a road traffic accident claim in which you were partially responsible, get in touch with a member of our team.
What Could You Receive From A Split Liability Road Traffic Accident Claim?
A successful split liability road traffic accident claim could see you receive two potential heads of claim:
- General damages – This accounts for the pain and suffering caused by your physical or psychological injuries.
- Special damages – This accounts for the financial losses you have suffered due to the injuries you sustained in the accident.
To provide a compensation table below, we have used the Judicial College Guidelines (JCG), updated in April 2022. This is a guide to payout figures for different injuries. Personal injury solicitors can use the JCG to assist them in valuing the general damages portion of car accident claim payouts.
| Injury | Further Details | Compensation Bracket |
|---|---|---|
| Injuries Involving Paralysis - Paraplegia (b) | The amount of compensation awarded within this bracket will be affected by multiple considerations, such as the degree of independence the person has and the presence and extent of any pain they feel. | £219,070 - £284,260 |
| Leg Injuries - Amputations (a)(i) | The person will have lost both legs. Either both will be lost above the knee, or one leg will be lost below the knee, where the other is lost above the knee at a high level. | £240,790 - £282,010 |
| Leg Injuries - Amputations (a)(iv) | The person will have lost one leg below the knee. | £97,980 - £132,990 |
| Amputation of Arms (b)(i) | The person will have lost one arm at the shoulder. | Not less than £137,160 |
| Very Severe Foot Injuries (c) | The injury will result in severe and permanent pain or really serious permanent disability. | £83,960 - £109,650 |
| Wrist Injuries (a) | Injuries within this bracket will result in the complete loss of function in the wrist. | £47,620 - £59,860 |
| Moderate Injuries to the Pelvis and Hips (b)(i) | The person will have suffered a significant injury to the hip or pelvis, but any future risk is not great, and any permanent disability will not be major. | £26,590 - £39,170 |
| Moderate Neck Injuries (b)(i) | This bracket can include injuries such as dislocations or fractures that will produce severe immediate symptoms and run the risk of requiring spinal fusion. | £24,990 - £38,490 |
| Moderate Knee Injury (b)(i) | This bracket will include injuries that result in mild future disabilities, such as minor instability and weakness. For example, injuries involving torn cartilage or meniscus and dislocation. | £14,840 - £26,190 |
| Serious Shoulder Injuries (b) | The person will suffer an injury, such as damage to the lower section of the brachial plexus and dislocation of the shoulder, leading to pain in the neck and shoulder, an ache in the elbow and further problems. | £12,770 - £19,200 |
The figures above are a guide, as the specific details of a case determine the settlement for a successful claim. Also, as previously mentioned, split liability in a road traffic accident claim will affect the compensation awarded.
As an alternative to the table, you could use a car accident compensation calculator to estimate how much your claim could be worth. You could also call our team to chat with an advisor. They can provide an accurate estimate of how much your claim could be worth if you were partially liable for the accident in which you sustained harm.
Special Damages In A Road Traffic Accident Claim
Financial losses that could be accounted for under special damages in a successful claim include the following:
- Care costs
- Medical expenses
- Loss of earnings
It is important to note you will need to provide evidence of any special damages. Therefore, you should keep any travel tickets and provide relevant payslips and invoices.
To find out what you may be able to claim reimbursement for in a split liability road traffic accident claim, speak to one of our advisors.
When Would You Make A Whiplash Claim?
The Whiplash Reform Programme was introduced on May 31st 2021. Following this, adults making a soft tissue injury or whiplash claim for injuries valued at £5,000 or less as a driver or passenger must now use the government’s Official Injury Claims portal.
In these instances, injuries will be valued per the tariff included in The Whiplash Injury Regulations 2021. We have included a table using this tariff below.
| Length of Injury | Regulation 2 (1) (a) - One or more whiplash injuries | Regulation 2 (1) (b) - One or more whiplash injuries and one or more minor psychological injuries |
|---|---|---|
| Less than 3 months | £240 | £260 |
| 3-6 months | £495 | £520 |
| 6-9 months | £840 | £895 |
| 9-12 months | £1,320 | £1,390 |
| 12-15 months | £2,040 | £2,125 |
| 15-18 months | £3,005 | £3,100 |
| 18-24 months | £4,215 | £4,345 |
However, the tariff amounts may still apply if you are the occupant of a vehicle, even if you do not claim via this Official Injury Claims portal. Any other injuries you have that the tariff doesn’t include will be valued in the traditional way.
Please note that in a split liability claim, the tariff amounts could also be reduced accordingly.
To learn more about how the details of a claim could affect how it is made, speak to one of our advisors.
What Evidence Could Help You In A Road Accident Claim?
To support a road accident claim, you should gather evidence proving negligence. This may include:
- Witness contact details
- Medical evidence
- Photographs
- CCTV or dashcam footage
Also, it is advisable to seek legal advice to aid you through the process. Please get in touch with our team to learn more about what evidence may be needed for a personal injury claim.
Is There A Time Limit To Claim For A Road Traffic Accident?
The Limitation Act 1980 outlines the time limit for starting a road traffic accident claim. It states that you generally have three years from the day the accident took place or three years from the day you learned of negligence being associated with your injuries.
There are some exceptions to these time limits. To enquire about these in relation to your split liability road traffic accident claim, speak to one of our advisors today.
Why Make A No Win No Fee Road Accident Claim?
Although not a requirement, it could prove extremely beneficial to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) to make a split liability claim for a road traffic accident.
This type of arrangement generally means that you will not have to make any payments for a solicitor’s services in the event that your claim fails. There will also typically be no upfront or ongoing costs for a solicitor’s services.
On the other hand, a successful claim made under a CFA will generally mean that a solicitor will take a small legally capped percentage of the compensation, called a ’success fee’.
If you would like one of our advisors to assess your claim, get in touch today. If an advisor finds that you could have an eligible claim, they may connect you with one of the No Win No Fee car accident claim solicitors from our panel.
You can speak to an advisor by:
- Calling 020 8050 2736
- Filling out our online form to contact us
- Using our live chat feature at the bottom of this page
Learn More About Claiming Split Liability In A Road Traffic Accident Claim
Please read through more of the guides on our website to learn about making a road traffic accident claim:
- How To Make A Car Accident Neck Injury Claim
- How to Make a Passenger In A Car Accident Claim
- Claiming For An Accident On A Roundabout
Also, take a look at these external sources for more information:
- Department for Transport – Reported road casualties Great Britain, provisional results: 2021
- GOV – If you’re in an accident
- NHS – Urgent and emergency care services
Thank you for reading our guide on making a split liability road traffic accident claim. If you have any other questions, please get in touch using the details provided above.