How To Make A Split Liability Claim For A Road Traffic Accident
Road Traffic Accident Split Liability Claims Guide
In this article, we’ll provide information about making a split liability claim for a road traffic accident in which another driver was at least partially at fault for the incident. Information we will explain includes the duty of care that is owed on the road and evidence that may help demonstrate who was at fault for the accident. We will also make sure we provide information about how compensation is calculated following successful split liability claims.
Another topic we will discuss are the benefits of working alongside a road traffic accident solicitor when pursuing a claim. You may be able to draw upon the services of a legal professional under the terms of a No Win No Fee agreement. This means you do not have to pay for the solicitor’s services if your claim ultimately fails.
Read on for more information about how a split liability agreement could affect the compensation awarded following a road traffic accident. You can also contact our team of advisors if you’d like to speak to someone directly about the claims process. For more information and a free consultation:
- Complete our ‘Contact Us’ webpage form
- Call our team at 020 3870 4868
- Talk to an advisor using our chatbox below
Select A Section
- How To Make A Split Liability Claim For A Road Traffic Accident
- What Is A Split Liability Road Traffic Accident Claim?
- Evidence Supporting Road Traffic Accident Claims
- Examples Of Personal Injury Claim Payouts
- Why Make A Split Liability Claim With A No Win No Fee Road Traffic Accident Solicitor
- Learn More About Split Liability Accident Claims
How To Make A Split Liability Claim For A Road Traffic Accident
The Road Traffic Act 1988 outlines the duty of care owed on the road. Accordingly, road users must act in a way not to cause harm to others, themselves or property damage. If drivers do not uphold the rules contained in this piece of legislation, they could injure another road user. Additionally, the Highway Code contains rules and guidelines for different types of road user, some of which is backed up elsewhere in law.
In order to make a road traffic accident claim, you must be able to show how another driver was negligent. This involves demonstrating the following criteria are true:
- A driver owed you a duty of care
- This duty of care was breached
- Due to this breach, you sustained an injury
If all three of these elements are true, then negligence has occurred and you may be eligible to start a claim. On the other hand, if you were partially responsible for the accident, then you may be able to make a split liability claim instead.
We’ll provide more information about this in the following section. For now, contact our advisors if you have questions about the road traffic accident claims process.
What Is A Split Liability Road Traffic Accident Claim?
When both parties can agree that they are each partly liable for the accident, they may be able to pursue a split liability claim. To illustrate, we have provided the following examples of when the negligence of two drivers could contribute to the same accident:
- One driver fails to check the road is clear before leaving a junction, and the other driver fails to stop at a give way.
- Both drivers fail to indicate when changing lanes and collide with each other.
- A driver indicated to leave a roundabout but fails to exist and collided with a driver entering the roundabout.
In the above scenarios, the drivers could agree that they each contributed to the accident. If they can come to an agreement, they would receive a portion of the compensation they would have received. For instance, if the drivers agree to a 50/50 split liability, their compensation awards would each be reduced by 50%.
Speak to our advisors if you have questions about the process of making a claim after a road traffic accident. They can provide advice about the merits of your potential claim.
Evidence Supporting Road Traffic Accident Claims
Evidence is an important aspect of establishing fault in a car accident. For instance, it could support your split liability claim to provide:
- CCTV footage or video caught on a dashcam
- Contact details for anyone who witnessed what occurred
- Photographs of the damage to your vehicles
- Photographs and medical records pertaining to your injuries
For more guidance about the evidence that can be useful during road traffic accident claims, speak to our team. One of our advisors may be able to connect you with a solicitor on our panel. Legal professionals have a good deal of experience gathering evidence, so they may be able to help you acquire important documentation.
Examples Of Personal Injury Claim Payouts
Car accident compensation for a personal injury can include up to two heads of claim: one that is intended to compensate you for the physical and psychological injuries you experience and the second that aims to reimburse you for the financial losses caused by your injuries.
Your pain and suffering is compensated through general damages. A car accident claim solicitor will usually refer to a document called the Judicial College Guidelines (JCG) when calculating how much a road traffic accident claim may be worth, as this document provides compensation brackets for different injuries. We’ve provided some of these brackets in the following table. However, they are only intended as guidelines because the JCG does not account for all the individual circumstances used to calculate a compensation award.
Furthermore, if you make a split liability claim, the compensation award you receive will be reduced to reflect how much you were at fault for the accident. So, for instance, if you were 25% responsible for the accident, your award would be reduced by 25%.
General Damages Guidelines
| Type of Injury | Tariff/Brackets | Severity | Further Notes |
|---|---|---|---|
| Paralysis Injury | £324,600 to £403,990 | Tetraplegia | Award considers the claimant’s level of pain and awareness as well as life expectancy. |
| Paralysis Injury | £219,070 to £284,260 | Paraplegia | Award considers the claimant’s risk of increasing paralysis, as well as their degree of independence and life expectancy. |
| Brain/Head Injury | £219,070 to £282,010 | Moderately Severe | Claimant is very seriously disabled, These disabilities may be physical or cognitive and the individual relies upon others for constant care. |
| Leg Injury | £201,490 to £270,100 | Amputation (ii) | Below-knee amputation of both legs, with other factors such as phantom pain considered. |
| Neck Injury | In the region of £148,330 | Severe (i) | Injury associated with incomplete level of paraplegia, or spastic quadriparesis. |
| Chest Injury | £65,740 to £100,670 | Permanent damage | Traumatic injury to the heart, lung(s) and/or chest, permanently impairing function and reducing life expectancy. |
| Knee Injury | £69,730 to £96,210 | Severe (i) | Injury involving joint disruption, the development of osteoarthritis, considerable pain and other factors. |
| Back Injury | £74,160 to £88,430 | Severe (ii) | Nerve root damage leading to serious consequences, such as sexual difficulties or mobility issues. |
| Whiplash Injury | £4,345 | One or More Whiplash Injuries and One or More Minor Psychological Injuries | Symptoms lasting more than 18 months, not more than 24 months. |
| Whiplash Injury | £3,100 | One or More Whiplash Injuries and One or More Minor Psychological Injuries | Symptoms lasting more than 15 months, not more than 18 months. |
The Whiplash Reform Program
On 31 May 2022, certain changes came into effect regarding the way claims for whiplash and soft tissue injuries are made. As part of the Whiplash Reform Programme, drivers and passengers over 18 years old must now claim differently if their injuries are valued at £5,000 or less. Whiplash injuries are compensated according to the tariff found in the Whiplash Injury Regulations 2021. Certain entries in the table above reflect this tariff.
However, individuals who suffer other injuries that take the claim’s value above £5,000 may still be made in the traditional way. The tariff will still apply to the person’s whiplash injuries, but their other injuries will be compensated in the traditional manner.
Furthermore, the tariff may apply to the whiplash injuries suffered by individuals exempted from the new claiming method, such as child passengers.
In terms of a split liability claim, the Whiplash Reform Programme allows several opportunities for drivers to come to an agreement regarding their relative liability. Speak to our advisors to learn more.
Special Damages
In addition to the payout you receive for your physical, emotional and mental suffering, a claim could also compensate you for the financial losses you experience. This head of claim is called special damages and it could help you recoup:
- The cost of specific medical treatments
- Loss of earnings, past or future
- The cost of other monetary losses, such as a holiday you had booked but cannot attend because of the injury.
Our advisors can provide you with a more personalised estimate of your compensation based upon the circumstances you describe to them. Get in contact today for more information about making a split liability claim.
Why Make A Split Liability Claim With A No Win No Fee Road Traffic Accident Solicitor
It may benefit you to seek assistance from one of the road traffic accident solicitors on our panel. These professionals can help you with the specifics of making a split liability claim.
Our panel of solicitors usually work under the terms of a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement. By agreeing to the terms of a CFA, you may not have to pay for the solicitor’s services if your claim fails.
Instead of paying ongoing charges for the solicitor’s services, they would take a success fee at the end of the claim, but only if it succeeds. You will always receive the majority of your compensation because success fees are capped by the Conditional Fee Agreements Order 2013.
Contact Us
Our advisors can provide advice about the merits of your potential claim. They can do this during a free consultation, so contact our team at any time that is most convenient for you:
- Complete our ‘Contact Us’ webpage form
- Call our team at 020 3870 4868
- Talk to an advisor using our chatbox below
Learn More About Split Liability Accident Claims
Other articles that relate to this topic:
How To Make A Passenger Whiplash Injury Claim
When And How To Report A Car Accident
How To Claim For A Fatal Car Accident
Third-party resources with useful information:
Uninsured Driver – UK Government information about claiming compensation as the victim of an uninsured or untraceable driver
About Brake – Resources from a charity concerned with ending road tragedies
Report A Road Traffic Accident – Information from the Met Police about reporting this kind of incident
To receive the advice our advisors can offer about making a split liability claim, use the details provided above.
