By Danielle Newton. Last Updated 8th Novemebr 2023. 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.
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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?
- 50/50 Insurance Claim – Who Pays For What?
- How To Claim Car Accident Compensation
- 50/50 at Fault Accident: How Much Compensation Could I Receive?
- Split Liability Car Accident Claims – No Win No Fee Solicitors
- 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.
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.
Do I Have To Accept 50/50 Liability?
If the court decides that both parties are equally at fault, you may receive a settlement of 50% of your car accident claim. If you happen to find yourself in this position with your case, you may ask, ‘Do I have to accept 50/50 liability?’. Generally, you do have to accept the ruling of the court.
However, if your solicitor is still negotiating the claim, you can have them reject the offer. You will need evidence that proves the other party was more at fault for the road traffic accident to continue negotiations.
If you have any questions about when you might have to accept 50/50 liability, please speak with an advisor from our team.
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.
If the liability is 50/50, the fault for the accident lies with both parties equally. This means that everything would be split down the middle. This includes the amount you’d receive in compensation. If, in circumstances where you shared none of the blame, you were set to be awarded £100,000, in a 50/50 at-fault accident this would be reduced to £50,000.
However, circumstances surrounding your own claim may vary. In some cases, you may be able to negotiate the ratio of liability, meaning you’re found to be less liable than the other party.
Get in touch today and we can address your claim on a bespoke basis. We can also assist with queries such as, “will my insurance go up with a 50/50 claim?”.
To be able to make a split liability claim for a 50/50 at fault accident, you will need to prove that another road user was partially at fault for the accident and your injuries due to them breaching their duty of care.
The Road Traffic Act 1988, states that all road users owe a duty of care. Motorists, pedestrians and cyclists are all considered as road users. Per their duty of care, they must use the roads responsibly to avoid causing harm to themselves and others. Additionally, they must follow the specific rules and regulations set out for them in the Highway Code. If another road user were to breach this duty of care, this could result in a road traffic accident.
Some examples of evidence that could help support your claim, and prove the other driver was partially liable for the accident, include:
- Videos of the accident, such as dashcam or CCTV footage.
- Photographs of the accident scene or the damage to your vehicle.
- You could also submit injury photographs if any of your injuries are visible, such as swelling or lacerations.
- A copy of your medical records that state the nature of the injury you suffered, along with what treatment you needed.
- The contact information of anyone who witnessed the accident so they can give a statement at a later date.
Time Limits In Claims For Car Accidents
In addition to collecting sufficient evidence to support your claim, you must start the claiming process within the time limit. You have three years to start a claim from the date you were injured, as set by the Limitation Act 1980.
However, there are certain exceptions to this time limit. This includes:
- The time limit is suspended for people who do not have the mental capacity to make their own claim. A litigation friend can be appointed by the court to claim for them as long as the time limit is frozen. Should they regain this capacity, they will have three years from the date of recovery to start a claim, provided a litigation friend hasn’t already claimed for them.
- Those under the age of 18. The time limit is paused until they turn 18. During the pause, a litigation friend can claim on their behalf. Once they turn 18, they will have three years from that date to start a claim if one hasn’t already been made.
If you would like any advice about split liability claims, contact an advisor from our team. They could put you in touch with a car accident solicitor from our panel if they believe you are eligible to make a claim.
The Judicial College Guidelines (JCG) is a useful resource used by legal professionals to inform their clients of their potential general damages compensation. General damages compensates you for any mental suffering and physical damage caused by the injury.
What you receive depends on aspects of your injury such as how long it takes for you to heal and if any permanent symptoms have been caused.
The figures below have been taken from the 2022 guidelines, which are the latest available. Please remember that these figures are not guaranteed – they are only meant to provide guidance on what you could receive.
|Severe, permanent pain and disability. For example, forefoot amputation that’s traumatic.
|£83,960 to £109,650
|Lung, heart or chest is traumatically injured, resulting in damage that’s permanent and causes significant pain.
|£65,740 to £100,670
|Injuries to the Pelvis and Hips
|Pelvis fracture dislocation that leads to impotence, or traumatic myositis ossificans that’s traumatic and forms an ectopic bone on the hip.
|£61,910 to £78,400
|Injuries to the Pelvis and Hips
|Surgery, such as hip replacement, may be necessary. There may be recurrent symptoms that aren’t severe.
|£12,590 to £26,590
|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.
|£39,170 to £59,860
|Other Arm Injuries
|Less Severe Injury
|Disabilities are significant but a large amount of recovery will have occurred or will occur.
|£19,200 to £39,170
|Plates and pins are inserted and the ankle is in plaster. It’s extremely hard to walk and there’s a residual disability.
|£31,310 to £50,060
|Fractures and ligamentous tears that result in a struggle to walk, residual scarring, and future osteoarthritis risk.
|£13,740 to £26,590
|With a minor psychological injury
|This tariff is appropriate for whiplash alongside a minor psychological injury that lasts between 18-24 months.
|Without a psychological injury.
|This tariff is appropriate for a whiplash injury without a psychological injury with whiplash symptoms lasting 18-24 months.
You may need to attend an independent medical assessment as part of the claims process. A medical professional would assess your injuries, confirming aspects such as your prognosis and the severity of your injuries. They will also assess whether your injuries are consistent with the accident. The medical report created can be used as evidence in the claim.
Furthermore, you could also claim special damages which are the financial losses caused by the injury. Potential losses can include travel costs, loss of earnings and home adjustments. You would need evidence, such as bank statements, receipts and invoices, in order to show the value of the losses.
You may have further questions about the claims process, such as “in a 50/50 insurance claim, who pays for what?”. Get in touch with us today for more information.
Claiming For Whiplash Following A 50/50 Car Accident
This applies to claims made by those aged 18 or older who suffered injuries valued at £5,000 or less as a driver or passenger in a vehicle. Your whiplash injury compensation will come from the tariffs laid out in the Whiplash Injury Regulations 2021, as illustrated in our table.
Any other injuries that you have suffered that are not covered by the tariff will be valued traditionally.
Our advisors can advise you on what avenue to take when making your car accident claim. Additionally, they could offer you free advice and answer your questions.
If you are eligible to seek split liability compensation, you may wish to work with a solicitor on your claim. One of the road accident solicitors from our panel could help. They usually provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.
Under this type of agreement, your solicitor won’t charge you anything upfront for their work on your case. They also won’t ask for any ongoing service fees either. Furthermore, if your claim fails, you won’t be asked to pay for your solicitor’s work.
However, should your claim succeed, your solicitor will deduct a success fee out of your compensation. The amount that can be taken as this fee is a legally limited percentage.
To discuss making a personal injury claim on a 50/50 split liability basis, contact an advisor from our team. They can also assess whether you have valid grounds for a claim, and if you do, you could be connected to one of the solicitors from our panel.
To speak to an advisor, you can:
- £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.
Thank you for reading our article about what happens when a car accident is 50/50.