Sometimes, there are multiple drivers at fault for a road traffic accident. It may be that one driver was on their phone and the other driver was speeding, so they were both negligent. This guide will look at what happens when a car accident is 50/50.
A vehicle accident can result in significant physical and psychological injuries, as well as financial damage.
Our team of advisers are at hand 24 hours a day to offer free legal advice and assess your situation. They can determine how much compensation you could be entitled to for your injuries and look at whether you have a valid claim.
If your claim is valid, an adviser can connect you to an experienced personal injury lawyer from our panel. Our panel of personal injury solicitors are empathetic, professional, and passionate about helping claimants receive the most compensation they’re owed.
You can contact our excellent team of advisers by:
- Ringing us on 0800 408 7825 to chat.
- Filling in our online contact form to request a call whenever you’re ready.
- Chatting with one of our advisers on our instant live pop-up chat box to receive a response straight away.
Select A Section
- What Happens When A Car Accident Is 50/50?
- How Is Liability Determined In A Car Accident?
- Split Liability Agreements
- Are Knock-For-Knock And Split Liability The Same Thing?
- How Could Liability Be Split?
- Calculating Damages For Split Liability Agreements
- Talk To Us To Begin Your No Win No Fee Claim
- More Resources On What Happens When A Car Accident is 50/50
When a car accident occurs, it’s sometimes easy to tell who’s at fault (for example, the car behind is usually at fault if they crash into the car in front). However, sometimes it’s not that straightforward.
There are times when a road traffic accident will be the fault of two or more people, rather than just one driver.
If you’re injured in a car accident that was partially your fault, you could still seek compensation. However, the amount you’d receive in a successful claim would be reduced accordingly.
Road Traffic Accident Statistics
The chart below shows road accident casualty statistics from the Department for Transport. These figures show the number of people reported as injured in road traffic accidents in 2020. As shown, despite the lockdown restrictions that year, the amount of injuries recorded was still significant.
If both drivers consider the other to be liable for the accident, it may become complicated. In this case, the insurance companies of the drivers will usually investigate the incident and figure out who is at fault.
If the driver(s) at fault refuses to admit liability, the case may go to court. (This is usually avoidable though.) The court will then decide who’s at fault.
You can contact our team of advisers today to have a chat about making a split liability claim.
If your claim is legitimate, they can connect you to a personal injury lawyer from our panel. They can then begin working on your claim and discussing No Win No Fee agreements with you.
If two parties are equally at fault, both will be awarded 50% of the overall compensation amount. If one party is 60% at fault and the other 40%, one will receive 60% of the compensation and the other will receive 40%.
Even if you believe you weren’t at fault at all but you have no evidence of this, it may be hard to prove. Therefore, you may have to agree to a split liability agreement. However, there usually will be some form of evidence you can use to support your claim, such as witness statements or CCTV footage.
Splitting Costs and Settlements
Under a No Win No Fee agreement, the amount of money you owe to your personal injury solicitor would depend on the amount of compensation you receive, rather than the split liability agreement. The fee the solicitor can take is a small percentage and is capped by law too.
Despite their similarities, a knock-for-knock agreement is different to a split liability agreement. In a split liability agreement, if both parties are equally to blame, each will receive 50% of the overall awarded compensation.
In a knock-for-knock agreement, the parties’ insurance companies pay the losses from their policyholders, regardless of who was liable for the accident. A knock-for-knock agreement isn’t relevant in personal injury claims.
To further discuss what happens when a car accident is 50/50 liability, you can contact our team of advisers. They can then connect you to a personal injury lawyer from our panel if your claim is valid.
The table below demonstrates how split liability claims work and what happens when a car accident is 50/50 liability. This table is for example purposes only and the percentages may vary depending on your specific circumstances.
|Split liability||Meaning of split liability|
|N/A||You will receive 100% of the compensation if the other party is 100% at fault for the accident.|
|75/25||If you receive 75% of the compensation, the other party has admitted they were 75% at fault for the accident. They will receive 25% of the compensation.|
|50/50||If both parties admit being equally at fault, you will both receive 50% of the compensation.|
Our friendly team of advisers are available to chat with you 24 hours a day about what happens when a car accident is 50/50 liability. If you’re entitled to compensation, they can connect you to an expert personal injury solicitor from our panel to seek the maximum amount of compensation you deserve.
We’ve included a compensation table below to calculate how much compensation each injury could be worth. These figures have been taken from the Judicial College Guidelines (JCG) and are examples. They may vary.
The JCG is a publication legal professionals use when valuing injuries.
|Mental Anguish||Severe||Fear of impending death||£4,380|
|Chest Injuries||(b)||Lung, heart or chest is traumatically injured, resulting in damage that’s permanent and causes significant pain.||£61,710 to £94,470|
|Chest Injuries||(g)||Soft tissue injuries or rib fractures, resulting in disability and pain for a few weeks.||Up to £3,710|
|Injuries to the Pelvis and Hips||Severe (ii)||Pelvis fracture dislocation that leads to impotence, or traumatic myositis ossificans that’s traumatic and forms an ectopic bone on the hip.||£58,100 to £73,580|
|Injuries to the Pelvis and Hips||Moderate (ii)||Surgery, such as hip replacement, may be necessary. There may be recurrent symptoms that aren’t severe.||£11,820 to £24,950|
|Other Arm Injuries||Injuries Resulting in Permanent and Substantial Disablement||One or both forearms are seriously fractured and there is permanent disability, either cosmetic or functional.||£36,770 to £56,180|
|Other Arm Injuries||Less Severe Injury||Disabilities are significant but a large amount of recovery will have occurred or will occur.||£18,020 to £36,770|
|Ankle Injuries||Severe||Plates and pins are inserted and the ankle is in plaster. It’s extremely hard to walk and there’s a residual disability.||£29,380 to £46,980|
|Ankle Injuries||Moderate||Fractures and ligamentous tears that result in a struggle to walk, residual scarring, and future osteoarthritis risk.||£12,900 to £24,950|
|Foot Injuries||Very Severe||Severe, permanent pain and disability. For example, forefoot amputation that’s traumatic.||£78,800 to £102,890|
The figures in the above compensation table and representative of potential general damages. General damages compensate you for the physical and mental suffering you endure due to the other party’s negligence. For example, you may experience post-traumatic stress disorder (PTSD) or anxiety.
The awarded bracket depends on factors such as how severe your injury is and how long it takes to heal with treatment.
To prove general damages, you’d attend a medical assessment as part of the claims process. An independent medical professional would assess your injuries. They’d create a report to:
- Establish the severity of your injuries.
- Assess whether the injuries are consistent with those that could be caused by the accident.
The compensation awarded for the financial issues you experience due to your injury is called special damages. For example, you could suffer a loss of earnings due to taking time off work during recovery.
To prove special damages, you’d need to provide documents such as payslips, invoices or bank statements.
A No Win No Fee agreement, sometimes called a Conditional Fee Agreement, is a contract between you and your solicitor. There are many benefits to this type of agreement and there’s little to lose.
If you succeed in your claim, a legally capped percentage of your compensation will be deducted by your No Win No Fee solicitor. If you lose your claim, your solicitor’s fee won’t need to be paid at all.
The clock’s ticking, so why wait? Please don’t hesitate to contact our friendly team of advisers to have a chat about your case.
If you do, you can be connected to a personal injury lawyer from our panel to discuss No Win No Fee agreements and what happens when a car accident is 50/50. If you have favourable grounds for a claim, you could begin the claims process and seek the compensation you deserve.
You can reach our team of advisers on:
- 0800 408 7825 where you can have a chat about your situation.
- Our online contact form where you can request a call back at your earliest convenience.
- Our live pop-up chatbox to chat with an adviser immediately.
£30,000 Compensation For a Broken Forearm – Have you fractured your forearm in a car accident? This guide includes helpful guidance.
Public Pavement And Road Defect Accident Claims Guide – If you’ve suffered an injury due to a public pavement and road defect, our guide looks at how you could claim.
£700,000 Compensation Payout For Below-Knee Amputation Of Both Legs – Our guide looks at how you could make a claim for a below-knee amputation of both legs.
Does My Cut Need Stitches? – If you suffered cuts and lacerations in a vehicle accident, this NHS guide includes useful guidance.
Cuts and Grazes – You can find important information about how to deal with grazes and cuts throughout this NHS page.
Reducing Uninsured Driving – You can find out more details about the MIB on this page.
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Article by OA