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Everything You Need To Know About Split Liability Claims
Our guide explains what split liability claims are and when they may be made.
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Everything You Need To Know About Split Liability Claims
Our guide explains what split liability claims are and when they may be made.
How Is Compensation Awarded For Split Liability Claims?
If you make a personal injury claim, it will usually be against another party who caused your accident and injuries. In some cases, the other party involved may successfully argue that you were at least partially to blame for the accident taking place. In these cases, you may be able to claim some compensation. Understanding split liability claims can be crucial.
Key Takeaways
- Split liability claims are made when both you and another party share some responsibility for an accident.
- They could involve accidents at work, on the road and in public places.
- Where liability is split, compensation payouts may be reduced by the same percentage you are at fault.
- You will need a strong body of evidence to show that another party was partially at fault.
- One of our solicitors could work on a No Win No Fee basis, helping you to get the compensation you deserve.
Our team is on hand to provide help and advice on split liability compensation claims. If you want to talk to an advisor or to start your claim, please,
- Call us now on 0151 375 9916.
- Click here to contact JF Law about your case.
- Email our team on info@jflaw.co.uk.
What Are Split Liability Claims?
Split liability claims are a way to seek compensation when you are partially responsible for an accident. In these cases, whilst you can not make a ‘non-fault claim’ you may be able to do so under a split liability agreement. Doing so allows you to claim against the other party involved for their share of the blame. In a split liability agreement claim, how much compensation you are awarded is dependent on how responsible you and the other party are for the accident.
In order to have any sort of valid personal injury claim, you will need to meet the same 3 basic criteria. These are;
- The other party had a duty of care to you.
- They breached this duty of care.
- The breach caused you harm.
Please contact our team to learn more about what split liability means for your case and how to make a claim.
What Percentages Are Used To Establish Split Liability?
Different percentages may be used in split liability claims. Parties to the claim will negotiate to seek a fair apportionment of fault for the accident happening. For instance, where two parties are equally responsible, they may accept a 50:50 split. Awards may be reduced by the percentage that the claimant is deemed to be at fault. Solicitors and the courts will use various forms of evidence to apportion fault.
Examples of percentages which may be used to establish split liability may include;
- 100% – one party is fully responsible for the accident happening. A claimant is awarded 100% of the possible compensation settlement.
- 75:25 – a claimant is partly responsible for the accident. The claimant is awarded 75% of the possible compensation settlement.
- 50:50 – both parties are equally responsible for the accident taking place. A claimant is awarded 50% of the possible compensation settlement.
A personal injury solicitor could explain the percentage which may apply to your claim and show how your settlement may be affected.
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Who Decides On The Split Liability Ratio?
The split liability ratio may be determined through negotiations between solicitors representing parties to the claim or through third party reports, such as those from the police or insurance companies. For example, solicitors representing an employer and an employee may determine both parties are equally at fault (50:50). These solicitors may use evidence, such as accident at work reports and witness statements, to agree on how fault should be apportioned. In car accident claims fault may be determined by the conclusion of a police report.
Determining the appropriate split liability ratio may be harder in some instances. This may be the case where neither side is willing to admit any liability or back down. Where your personal injury solicitor is unable to achieve an agreement with the other party, an insurance company may conduct an investigation. In some instances, the case may need to go to court, where a judge may apportion blame.
If you were partially responsible for your accident, please talk to our team to learn more about how to make a split liability claim.
Examples Of Accidents Where Liability Is Split
Below, we look at different examples of accidents in which liability may be split.
Workplace Accidents
Split liability claims for workplace accidents may be made where the employer and employee both contributed to the accident taking place.
A worker may be injured by a piece of faulty machinery. However, the employee may also have ignored relevant safety protocols when operating the machine. Both parties may be said to be at fault.
Employers owe a duty of care to their workforce under The Health and Safety at Work etc. Act 1974. This means that employers must take reaonsably practicable steps to ensure the safety of their employees.
Road Traffic Accidents
Road traffic accidents may result in split liability claims if pedestrians, drivers or other parties are responsible for the accident.
A motorbike and car collide at a junction. Both failed to check for oncoming traffic, ignoring traffic signals. The motorbike rider is able to make a 50:50 split liability claim.
Road users must adhere to the Road Traffic Act 1988 and the Highway Code when using the road to ensure that they navigate in a safe manner.
Public Place Accidents
Public place accident claims could be made on a split liability basis where the claimant and occupier of a property were both responsible for the incident.
Drinks had spilled in a nightclub. Whilst staff had placed warning signs, they had not yet cleaned it up. A drunk patron ignored the warning signs, walked across the spillage, slipped and fell. Both parties may share liability.
Under the Occupiers’ Liability Act 1957 places a duty of care on the occupier. This means that occupiers (the organisation or individual responisble for a space) must take steps to ensure the reasonable safety of visitors to that premises.
Whether you need help with a public liability claim or wish to seek compensation for an accident at work, or on the road, an advisor could help you. Please contact our team for further help and infomration about split liablity claims.
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possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Get Help From JF Law With Split Liability Claims
During your initial, free, consultation an advisor will review your case. They will then connect you to a solicitor if they think your claim is valid. There are several ways in which a solicitor from JF Law could help with split liability claims. These include;
- Helping you to understand how the claims process works. This may include explaining the steps involved in detail and ensuring you understand any terms used.
- Helping you gather evidence which clearly supports your case, showing who else was at fault and how.
- Ensuring that you claim for any financial losses you are entitled to.
- Ensuring that your claim is filed within the applicable time limit.
- Taking on your case under a type of No Win No Fee agreement, called a Conditional Fee Agreement (CFA).
CFA’s are a way for you to work with a solicitor without having to pay for their services in advance. The main benefits of working with one of our No Win No Fee solicitors are,
- No solicitors fees charged in advance or whilst the claim is progressing.
- No solicitors fees charged in the event your claim is not successful.
Under the CFA, you will be charged a success fee (charged as a percentage of your compensation) to cover the solicitor’s work in the event of winning your claim. There is a legal limit on what percentage of your compensation may be deducted as a fee.
Contact Our No Win No Fee Solicitors
Contact our team and be connected to a No Win No Fee solicitor by,
- Calling our team on 0151 375 9916.
- Clicking here to contact us.
- Sending us an email on info@jflaw.co.uk.
More Information
In this final part of our guide we have included helpful resources and more information on making personal injury claims.
- In our guide to general damages we look at how compensation may be calculated for your physical pain and suffering.
- Learn more about Conditional Fee Agreements in our Legal Glossary.
- Find out what to do after an accident at work here.
References.
- Find out how to request CCTV footage of your accident in this government resource.
- Find out how to check your symptoms in this NHS resource.
- Learn more about simple health and safety steps business may take in this guide from the Health and Safety Executive (HSE).
Thank you for reading our guide. We hope you now have a better understanding of split liability claims. Please contact our team if you have any further questions about claims where two or more parties may be at fault.
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