If you have been injured in a car crash that was partly your fault, then you are still legally entitled to make a claim for financial compensation.
Compensation is available to people injured as the result of another person’s actions, either wholly or partially. It is only where you are 100% liable for a road traffic accident that you will not have a claim, or where bringing a claim forward would be considered too high risk.
Eligibility
To be eligible to make any kind of personal injury claim, the date your injuries became clear must be no more than three years ago. If you were only partly at fault for your car crash and it happened less than three years ago, then you are definitely eligible to make a claim and you should consult a lawyer for specialist legal advice.
Ascertaining Liability
When you make a claim for a car crash, it’s important to remember that your solicitor will ascertain the facts of your case for you.
You will attend an interview with your solicitor either in person or over the phone. You should always tell the truth during this process, so if you do not know who was at fault for your accident or you know you were partly to blame, you should say this to ensure your claim’s legitimacy. Your solicitor will inform you of your rights however, and they will advise you not to say certain things, so as not to incriminate yourself or weaken your claim.
If the truth is that you were probably 50% liable for the accident, this truth will come out during the process. The above also applies to the other side.
Split Liability Agreements
Where it is established that you were partly to blame for your accident, split liability may be offered by the other side.
Split liability can be 75/25, 50/50 or 25/75. Split liability agreements are commonplace where it cannot be established who really was at fault for an accident. For example, if you say you were not to blame for an accident but the other side says that they were not to blame, then split liability will be the best move forward.
Split liability means you will effectively be awarded a smaller percentage of your original settlement demand. So for example, if you made a claim for £5,000 and 50/50 liability has been agreed, then you will be awarded £2,500. Car crash claims often result in agreements of split liability, so if yours goes this way, there’s no need to be dismayed. Your solicitor will still push for as much compensation as possible under the circumstances.