Can I claim injury compensation if I was fully or partly at fault?

If you were injured and believe you were fully or partly at fault, you may still be able to make a personal injury claim. Many assume that sharing responsibility for an accident disqualifies them from compensation, but that's not the case. Even when fault is shared, you may still be entitled to compensation through a concept known as 'contributory negligence.'

This article explains how liability is determined, what contributory negligence means, and how compensation is calculated when responsibility is divided. We’ll also look at how different accidents, such as those at work, on the road, or in public places, affect split liability claims.

How is liability determined in a personal injury claim?

Determining liability is pivotal in any personal injury claim. Your solicitor must assess which party, or parties, were ultimately responsible for your injury.

At the beginning of your claim, your solicitor will gather as much evidence as possible, including witness statements, physical evidence from the scene, expert opinions, and any CCTV or photographic evidence. They will carefully examine the circumstances leading to your injury and the actions or negligence of everyone involved.

In some cases, more than one party may be held responsible, leading to 'split liability', also known as 'contributory negligence'.

What is contributory negligence?

Contributory negligence is when an injured person failed to take appropriate actions to reduce their risk of injury.

Contributory negligence means that you, the claimant, played a part in causing your accident or injuries. If the other party, the defendant, can prove that you failed to take appropriate actions to reduce your risk of injury, your compensation could be reduced. In this situation, both you and the defendant share responsibility for the accident.

For example:

A common case of contributory negligence is when a driver or passenger is injured in a car accident while not wearing a seatbelt. While not wearing a seatbelt didn’t cause the accident, it may have worsened the injuries, meaning the claimant’s injuries could have been less severe. You may feel that your injuries are your own fault. However, if the accident was the fault of someone else, you would not have been injured at all.

Similarly, a cyclist injured in a collision while not wearing a bike helmet could face claims that they contributed to the severity of their injuries, even though riding without a helmet is not illegal.

How does the claim process work if I was at fault?

Even at the scene of an accident, it is not always obvious who was responsible. Establishing who is (legally) liable for an injury is not always as clear-cut as it might initially seem.

You were partly to blame

In situations where there was fault on both sides, it should still be possible to claim compensation with a split liability agreement.

With a split liability agreement, you would typically receive a percentage of the compensation you would have otherwise received if the defendant was fully responsible (liable) for the accident.

Vicarious Liability

Vicarious liability is where one party is held responsible for the actions or omissions of another.

A common example of vicarious liability is when an employee is injured at work. While the injured person may feel their actions caused the injury, employers are generally liable for the acts or omissions of employees if the injury occurred during work. Vicarious liability means the employer is responsible for compensating the injured party if the injury happened while the employee was performing their job.

It is not clear who is to blame

If you're unsure who caused your injuries, you may still be able to make a claim, depending on the circumstances. A personal injury solicitor can help identify the responsible party. If that’s not possible, they can advise on alternative routes to compensation.

For road accident claims, the Motor Insurers Bureau (MIB) compensates victims of untraceable or uninsured drivers. If you were injured in a criminal assault and don't know the attacker, the Criminal Injuries Compensation Authority (CICA) can provide compensation.

You were injured as a child

Accident claims involving children are handled differently because children cannot assess risk like adults and aren't legally responsible for their actions. What may be seen as an accident for an adult could be the responsibility of a carer, nanny, or school in the case of a child.

You initially accepted blame, but now believe you weren't at fault.

You may have accepted blame at the time of the accident, but it's best not to admit fault on the scene, as it could affect any future legal action. In an accident, you should simply exchange details and record the facts.

If, in the stress of the moment, you did accept blame, it doesn’t make a claim impossible. Your solicitor will review all the evidence and build a case based on the facts.

How much can I claim if I'm partly to blame?

An accident is not always one person's fault. When multiple parties cause property damage or personal injury, you can literally apportion or "split" the blame. In legal terms, this splitting of the blame between you and the other party is called "split liability".

What is split liability?

Suppose you are driving along a busy road when your car is hit by another vehicle pulling out of a side road. As a result of the collision, your car is severely damaged and you suffer whiplash and other personal injuries.

If you were observing the speed limit and driving with proper care - basically doing everything right - the other driver is probably to blame for the accident. Your claim might be worth £8,000 in compensation.

But suppose you were driving too fast? Your excessive speed caused the other driver to misjudge the amount of time he had to turn out of the side road, resulting in the collision. Should the other driver still pay 100% of the compensation?

In this scenario, an insurer or court may decide that you were partially to blame for the accident. You will probably receive a reduced award to reflect the part you played in the collision.

If I have split liability, what compensation will I receive?

The insurers or solicitors handling the claim will begin by assessing the amount of compensation you should receive, assuming the other party is 100% responsible for causing your accident. If your claim goes to court, a judge will decide the overall value of your claim.

A decision is made about the extent to which you are responsible for causing your own injuries. This is usually expressed as a percentage.

• 100% award means the other party is entirely to blame. You receive all of your compensation.
• 75/25 award means that you are 25% responsible for the accident. You receive 75% of your compensation.
• 50/50 award means that you are equally responsible for the accident. You receive 50% of your compensation.
• 25/75 award means that you are 75% responsible for the accident. You receive 25% of your compensation.

Split liability is also referred to as "contributory negligence." This is simply another way of expressing that you were partly at fault for causing the accident and thus contributed to your own injuries.

Are my solicitor's fees split too?

No, they are not. Your legal costs are based on the overall value of your claim and not on your split liability agreement.

Even if your claim settles on a 25/75 basis, your legal advisors are still entitled to their full legal costs.

Do the accident circumstances affect how a split liability claim is handled?

While the principle of split liability remains the same, how it's handled can vary depending on the situation.

In work claims, employers are often fully liable under vicarious liability. In road claims, the actions of drivers, cyclists, pedestrians, and road conditions are taken into consideration. If you're fully at fault for a car accident, you may not be able to claim compensation. However, if another road user contributed to the accident or worsened your injuries, you could still claim, though the amount may be reduced.

Public liability claims involve the duty of businesses or local authorities to maintain safe spaces, while medical negligence claims focus on healthcare providers' standards of care.

Each claim type has its own nuances, affecting liability and compensation.

Find out more about specific claim types by clicking on the icons below.

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.