Can I Still Make The Claim If I Was Partially At Fault?

If you have been injured in an accident that was partly your fault, then you may still be eligible for financial compensation.

One thing to keep in mind when making a claim with partial liability is that any compensation you receive is likely to be reduced, to reflect your contribution to causing the accident. To give you an example, if you admit to 50 per cent liability in an accident, then you can expect to receive 50 per cent of your original claim’s value. So if you put forward a settlement demand for £5,000, then you would be awarded a total of £2,500.

Can I Still Make The Claim If I Was Partially At Fault?

Split Liability Agreements

In cases where you put forward a claim denying all responsibility, however the other side contests this and presents evidence proving that you were partly at fault – or at least evidence that you cannot dispute – then your lawyer may recommend you settle on what is called a ‘split liability agreement’.

Under a split liability agreement, both sides of a claim agree to a percentage of the responsibility for the accident. So for example, if you were involved in a car crash because somebody pulled out on you at a T-junction, but it is found that you were travelling in excess of the speed limit – or a speed limit not safe for the conditions – or if it is found that your brakes were poorly maintained, then you might accept 10 per cent responsibility, or somewhere in the region of 20 per cent. Once both sides agree to a level of liability, a new settlement offer will be made, reflecting both party’s contribution to the accident.

What are My Legal Rights following an Accident?

Following an accident, irrespective of your level of liability it is your legal right to seek legal advice. However, you only have the legal right to financial compensation if you have a level of diminished liability. Otherwise, the other side will be under no obligation to pay you.

It is absolutely essential, therefore, to have a strong claim built for you. To make a strong claim UK, you should enlist the help of a law firm with a track record for winning cases and a law firm with a lawyer who is experienced with regards to processing claims that are similar to your own. You should always choose a lawyer based on their case experience, to maximise your chances of claim success and to increase the amount of compensation you may be awarded. Experienced solicitors will refer to past cases and investigate your claim to build you a strong case that will be very difficult for the other side to contest.