Were you injured on the road in an accident that was at least partially the fault of another road user? If so, you may be looking to make a split liability road traffic accident claim. This guide will look at the steps involved in doing so, including the eligibility criteria that need to be met and the time limits that need to be adhered to when starting legal proceedings for split liability claims.
Additionally, we outline the duty of care road users owe each other and how an accident involving two road users who are partly or equally responsible could occur.
We also give insight into the compensation payout that could be awarded after a successful personal injury claim and how settlements are calculated.
Finally, after reviewing evidence that can support your case, we conclude the guide by explaining how a personal injury solicitor from our panel can help you claim compensation on a No Win No Fee basis.
You can get in touch with our advisors for free if you need any other information regarding your potential claim. They can also perform a case check that could lead to you being connected to an expert solicitor from our panel. To find out more about your chances of making a split liability claim:
- Call for free 24/7 on 0800 408 7827
- Contact us online.
- Access free advice through the live chat box below.
Learn How To Make A Split Liability Road Traffic Accident Claim
Choose A Section
- What Is A Split Liability Road Traffic Accident Claim?
- Examples Of How An Accident Could Lead To A Split Liability Claim
- How Is A Split Liability Compensation Claim Calculated?
- Evidence That Could Help In A Split Liability Road Traffic Accident Claim
- Use No Win No Fee Road Traffic Accident Solicitors To Claim Compensation
- Learn More About Claiming For A Road Traffic Accident
What Is A Split Liability Road Traffic Accident Claim?
Road users owe each other a duty of care. This duty requires them to navigate the roads in a way that minimises the risk of harm as well as damage to themselves and others. They can do this by following the Road Traffic Act 1988 and the Highway Code.
Someone injured in a road traffic accident could make a personal injury claim against the road user who was responsible for the accident by fulfilling the below eligibility criteria:
- Another road user owed them a duty of care.
- They can be shown to have breached that duty.
- As a result of the breach, they caused an accident which led to physical injury, psychological harm, or both.
In tort law, these three points define negligence. However, what if both parties were to blame for a road traffic accident?
Split liability means that more than one road user was responsible for an accident that caused harm. In a split liability road traffic accident claim, the proportion of blame is taken into account when determining the amount of compensation each party can receive.
For example, if a car accident involves two drivers and both parties were judged to be equally responsible, 50% of the personal injury compensation award would be granted to each.
If you want to learn more about split liability compensation and how to claim compensation for road traffic accidents where the blame is split, just call the number listed above.
Is There A Time Limit To Making A Road Traffic Accident Claim?
The Limitation Act 1980 outlines a three-year time limit for starting a personal injury claim. Typically, the time limit starts from the accident date.
While your split liability claim is likely to be subject to this limitation, the legal limitation period for a road traffic accident could differ in certain cases. For example, if the person injured is under the age of 18, or the person lacks the mental capacity to start their own claim.
Learn more about the time limit that must be met when starting a personal injury compensation claim by contacting us through any of the options listed above.
Examples Of How An Accident Could Lead To A Split Liability Claim
The following list of examples is not exhaustive, but it highlights some potential incidents upon which split liability road traffic accident claims could be based.
- Two drivers both attempt to overtake at the same time without indicating. They collide, leading to one suffering a back injury and the other a badly fractured arm.
- A car accident is caused by two drivers who are under the influence of alcohol or drugs. Each suffers a serious head injury, leading to permanent disability.
- When a driver fails to pay attention at a T-junction and pulls into the road, they are hit by a speeding vehicle. The speeding motorist suffers a broken hip, while the other driver sustains deep lacerations from the vehicle shattering their windows.
- A motorbike rider is out at night when they reverse suddenly and without looking. An oncoming car with no headlights on strikes them in a rear-end collision, throwing the rider from their bike and inflicting multiple injuries while the car driver suffers whiplash.
Even if you are partially responsible for an accident, you may still be able to seek compensation by making a split liability claim. So, for personalised free advice on whether you can start a split liability road traffic accident claim, call today and speak to an advisor from our team.
How Is A Split Liability Compensation Claim Calculated?
Split liability road traffic accident claim settlements awarded in successful cases can be formed of up to two heads of loss.
General damages seek to compensate for physical pain, psychological suffering, and loss of amenity caused by the injuries you suffered.
To assess general damages, those responsible for calculating a payout may refer to medical evidence as well as guideline award amounts listed in the Judicial College Guidelines (JCG.) This document features guideline figures for various injuries at different levels of severity.
Compensation Guidelines
We have used the JCG figures to set up a compensation guideline table below. The table also includes an amount in the top entry that does not come from the JCG. Furthermore, these award brackets are guide figures only. They are not a guarantee as each claim is valued individually.
Additionally, please note that the two entries at the bottom of the table are from the Whiplash Injury Regulations 2021. These are fixed amounts used to value whiplash injuries. We discuss whiplash personal injury claims in more detail below.
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia | £324,600 to £403,990 |
| Head | Very Severe | £282,010 to £403,990 |
| Back | Severe (i) | £91,090 to £160,980 |
| Pelvis and Hips | Severe (i) | £78,400 to £130,930 |
| Facial Disfigurement | Very Severe Scarring | £29,780 to £97,330 |
| Leg | Severe (ii) | £54,830 to £87,890 |
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 |
| Whiplash | One or More Whiplash Injuries and One or More Psychological Injuries | £4,345 |
| One or More Whiplash Injuries | £4,215 |
Special Damages
Special damages are the second head of loss that could form a payout awarded following a successful claim. They address financial losses caused as a direct result of injuries and can include, among other things:
- Loss of present and future earnings.
- Care costs.
- Travel fees.
- Medical expenses.
It is necessary to present proof of these costs, such as payslips, receipts, paid invoices, or bank statements.
For more information on how personal injury compensation is calculated and to see what you could be able to claim, please call our team on the number above.
How Do You Claim For Minor Injuries And Whiplash
The implementation of the Whiplash Reform Programme brought in certain changes to how particular types of road traffic accident claims are brought forward. The changes affect adult drivers and passengers who suffer injuries valued at £5,000 or less and state that they must make their claim through an alternative route. Additionally, any whiplash injuries will be valued according to the tariff set out in the Whiplash Injury Regulations 2021, as mentioned above.
You would claim via the traditional route if the total value of your claim is above £5,000. However, the whiplash injuries you suffered would still be based on the tariff. Any injuries not included in the tariff are valued traditionally.
If you have any questions about making a compensation claim for a whiplash injury, you can seek advice by calling our team for free today.
Evidence That Could Help In A Split Liability Road Traffic Accident Claim
It’s important to gather as much evidence as possible for split liability claims because you must show the other road user was at least partially responsible for the accident in which you sustained harm. Proof you could gather includes:
- Witness contact details.
- Police reports, if available.
- Dashcam, CCTV, or traffic camera footage of how the accident happened.
- Accident scene and injury photos.
- Medical records, such as X-ray scans, doctor, or hospital reports.
- Proof of medical expenses or other financial loss.
An experienced personal injury solicitor from our panel can help you gather evidence as well as offer expert advice. Please speak to an advisor to learn how a solicitor can help you with your split liability road traffic accident claim and whether you’re eligible to instruct an expert solicitor from our panel.
Use No Win No Fee Road Traffic Accident Solicitors To Claim Compensation
Making a split liability road traffic accident claim can be complex. As such, you could benefit from instructing a personal injury claims solicitor who has experience handling cases of this nature.
The personal injury solicitors on our panel have experience helping eligible claimants seek split liability compensation. Additionally, they offer their services for car accident claims and other types of road traffic accident claims through a Conditional Fee Agreement (CFA).
Coming under the umbrella term of a No Win No Fee contract, this agreement means you do not pay fees for the solicitor’s work when they start working on your case, as your case proceeds, or if the claim fails.
A percentage of your compensation will be taken by the solicitor as their success fee in a winning claim. However, the maximum percentage they can legally take is capped by The Conditional Fee Agreements Order 2013 which ensures you keep the most of your awarded settlement.
To learn more about the terms of working with a solicitor from our panel in this way, get in touch today. Our team is ready to discuss your potential split liability claim when you:
- Call 0800 408 7827
- Contact us through our web form.
- Use the live chat tab on this page.
Learn More About Claiming For A Road Traffic Accident
Some more useful guides:
- A look at the personal injury claim process and how a solicitor can help.
- Information on suing for a motorcycle accident that caused you harm.
- How to sue for compensation as a passenger in a car accident.
Some further external support:
- Helpful road statistics from road safety charity Think!
- Information on Statutory Sick Pay if you miss work from GOV.UK.
- Guidance on first aid from the NHS.
Thank you for taking the time to read our guide on making a split liability road traffic accident claim. If you have any other questions, please contact our team using the number above.