About Split Liability
Split liability simply means that there is more than one party to blame for the accident occurring. In most personal injury cases, it’s very obvious who is to blame for the accident occurring. For example, if you were a patient who was injured by a medical professional, you are very clearly not to blame for this incident occurring.
However, in other scenarios, such as a car accident, it may be less obvious as to who is at fault. In these sorts of cases where the claimant and the defendant disagree on who caused the accident, the verdict of split liability could be reached.
To assess your claim, contact us on 0800 808 9740 or online.
Types Of Split Liability
In cases of split liability, it could be decided that:
- One party is considered less to blame than the other, so they will still receive a majority of the compensation amount that is decided upon. This is usually determined by looking at the evidence of the case, such as dash-cam or CCTV footage.
- Both sides are considered to be equally at fault by the other side. In cases like this where an agreement can’t be reached, the case will most likely be referred to Court.
However, it is important to note that most solicitors and insurance companies will try to resolve a split liability case before it goes to court. This is because court cases can incur extra costs and these sorts of legal proceedings can take far longer to settle.
Complexity Of A Split Liability Case
If you believe that your case could reach a split liability verdict, you may be unsure about whether it is worth pursuing. This is because split liability cases are often incorrectly associated with being far more complex and confusing than a normal claim.
However, split liability claims are not always more complex than a ‘normal’ claim. This is because the complexity depends far more on the specific circumstances of the case than whether it is determined to involve split liability or not.
Some common case types that involve a split liability clause include:
- Car accidents, particularly if it is two motorised vehicles involved.
- A case where one party or both of the parties involved are intoxicated.
- A case where you were an employee who was involved in an accident with another employee.
Consequences Of Split Liability On Compensation
If the Court or the insurance company involved in your case determines that you were partially to blame for the accident, you won’t be entitled to 100% of the compensation that is awarded.
If this causes you to worry, you should remember that compensation is just meant to place you back into the same financial position that you were in prior to your accident. It is not supposed to give you an advantage that you did not previously have.
Therefore, pursuing a split liability case for a smaller amount of compensation is certainly still worthwhile as it is better than not receiving anything to help you through these difficult times.
The amount of compensation that you will be awarded depending upon the determined liability in your case is:
- 100% – if the other party is entirely to blame for the incident.
- A 75% to 25% split – if you are considered to be 25% responsible for the accident, you will receive 75% of the compensation.
- A 50/50 split – this means that you are considered to be equally responsible for the accident occurring. You will therefore receive 50% of the compensation.
- A 25% to 75% split – this means that you are considered to be 75% responsible for the accident occurring. In this case you will just receive 25% of the possible compensation on offer.
These are just general estimates and guidelines for claiming compensation. However, split liability cases do tend to follow these well-established patterns of awarding compensation.
If you have any further questions about claiming compensation is a split liability case, you should speak to First Personal Injury as soon as possible.
Making Personal Injury Claims
If you have suffered a personal injury, you may be entitled to receive compensation. First Personal Injury solicitors are available to assist you and ensure that you win the compensation that you deserve.
First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the process, either by phone on 0800 808 9740 or through our online form.