Being involved in a road traffic accident can be stressful enough. But when you feel it was your fault, the worry often doubles. You may ask yourself, “Can I still claim if the accident was my fault?” The answer is not always black and white. Even if you were partly responsible, you may still be able to claim compensation under what is known as a split liability claim.
This guide will walk you through what split liability means, how it works in practice, and what steps you can take if you are in this position.
Can You Claim If The Accident Was Your Fault?
If you were completely to blame for the accident, then unfortunately, you are unlikely to be able to claim compensation. For example, if you drove through a red light and hit another vehicle without any fault on their side, you would probably be considered 100% liable.
However, many accidents are not so clear cut. Often, both drivers share some responsibility. For example:
- You may have been driving a little too fast, but the other driver pulled out without looking.
- You may have collided at a junction where neither driver gave way correctly.
- You may have reversed out of a car park at the same time as another vehicle.
In these types of cases, you might still have a claim. The key idea here is split liability.
What Is A Split Liability Claim?
A split liability claim recognises that more than one person contributed to the accident. Instead of blaming just one party, responsibility is divided between those involved.
- If you are 50% at fault, you may still receive 50% of the compensation you would have been entitled to if you had no blame at all.
- If you are 25% at fault, you could receive 75% of the full compensation.
- If you are 75% at fault, you may only recover 25% of the damages.
This is worked out by looking at the evidence, the circumstances of the accident, and the degree of care (or lack of care) shown by each driver.
Examples Of Split Liability Situations
Here are some everyday examples where 50/50 or partial blame could apply:
- Rear-end collisions: If one driver brakes suddenly without reason and the car behind was following too closely.
- Right-turn accidents: If you turn right across traffic without checking properly, but the oncoming car was speeding.
- Merging lanes: Two drivers moving into the same lane at the same time without checking mirrors.
- Car park collisions: Both drivers reversing out at once.
- Distraction: One driver on their phone, the other not paying full attention either.
Road accidents are not always black and white. This is why split liability exists — to reflect shared responsibility.
Why Split Liability Matters
The idea behind split liability is fairness. If you had some responsibility but were not fully to blame, it would be unfair for you to lose out on all compensation. At the same time, it would also be unfair to make the other driver pay for everything if you played a part in causing the accident.
Split liability ensures that each side receives or pays compensation in line with their contribution to the accident.
Am I Eligible To Claim Compensation?
To bring a successful claim, even under split liability, you must show that:
- Another road user owed you a duty of care.
- All drivers have this duty, under the Road Traffic Act 1988 and the Highway Code.
- That duty was breached.
- For example, another driver ran a red light, failed to give way, or was speeding.
- You suffered injuries as a result.
- These could be whiplash, broken bones, head injuries or other physical or psychological harm.
If these conditions are met, you may have grounds for a split liability claim.
How To Know Who Was To Blame
Determining blame can be complex. Insurers, solicitors, and sometimes the courts will look at the evidence available, which might include:
- Medical records: To prove your injuries.
- Dashcam or CCTV footage: To show how the accident happened.
- Photographs: Of the scene, vehicle damage, or injuries.
- Police reports: If officers attended the scene.
- Witness statements: From people who saw what happened.
The stronger your evidence, the easier it becomes to argue that the other driver shared responsibility.
What To Do After An Accident
Even if you think you may be partly at fault, take these steps to protect yourself:
- Stop your vehicle safely and switch on hazard lights.
- Check for injuries and call 999 if needed.
- Exchange details with the other driver — names, addresses, insurance details.
- Do not admit liability at the scene. You may not know the full facts.
- Take photographs of the vehicles, the road, and anything relevant.
- Gather witness details if possible.
- Contact your insurer and explain what happened.
- Seek legal advice before accepting any offers of settlement.
Time Limits For Making A Claim
Under the Limitation Act 1980, you usually have three years from the date of the accident to start a personal injury claim.
- For children, the three-year limit begins on their 18th birthday.
- For people lacking mental capacity, the limit is paused until they recover.
This means it is important not to delay. If you leave it too late, you may lose the right to claim.
How Compensation Works
Compensation in split liability claims is divided into two main types:
1. General Damages
These cover the pain, suffering, and loss of amenity caused by your injuries. The value depends on the type and severity of injury. Solicitors and courts use the Judicial College Guidelines (JCG) to estimate amounts.
For example (approximate figures from JCG):
- Severe brain damage: £344,000 to £493,000
- Serious arm injury: £117,000 to £159,000
- Moderate back injury: £33,000 to £47,000
- Whiplash with psychological injury (18–24 months): £4,345
2. Special Damages
These cover your financial losses, such as:
- Lost wages if you cannot work.
- Medical costs (treatment, prescriptions, therapy).
- Travel expenses.
- Home or car adaptations.
- Repair or replacement of damaged property.
Your total compensation will then be reduced in line with your share of blame. For example:
- If your claim is valued at £20,000 and you are 50% liable, you would receive £10,000.
- If your claim is valued at £100,000 but you are 25% liable, you would receive £75,000.
Whiplash And The New Rules
Whiplash is one of the most common injuries after car accidents. Since May 2021, the Whiplash Reform Programme applies to some cases in England and Wales.
- It covers drivers and passengers aged 18+ with whiplash valued at under £5,000.
- These claims are handled through a government portal.
- Compensation is set by fixed tariffs under the Whiplash Injury Regulations 2021.
For example:
- Whiplash lasting 18–24 months: £4,215
- Whiplash plus minor psychological injury lasting 18–24 months: £4,345
Should You Accept A 50/50 Offer?
Sometimes insurers will suggest settling on a 50/50 basis. You are not obliged to accept. If you feel the other driver was more at fault, you should seek legal advice and challenge the decision.
A solicitor can help by:
- Reviewing the evidence.
- Negotiating with the insurer.
- Making sure you are not pressured into accepting less than you deserve.
The Role Of A Solicitor
Even if you think the accident was partly your fault, having a solicitor can make a big difference. They can:
- Help you gather strong evidence.
- Advise whether split liability is fair in your case.
- Guide you through the claims process.
- Negotiate for the best outcome possible.
Many solicitors offer No Win No Fee agreements, which means you only pay if your claim succeeds.
Key Takeaways
- You cannot usually claim if you were 100% at fault, but you may claim under split liability if another driver also contributed.
- Compensation is reduced in line with your share of blame (e.g., 50/50, 25/75).
- Evidence is crucial — keep records, photos, and witness details.
- You generally have three years to claim, though exceptions apply.
- Compensation includes general damages (pain and suffering) and special damages (financial losses).
- Whiplash claims under £5,000 now follow special rules.
- Always seek legal advice before accepting a split liability offer.
Final Thoughts
It is natural to feel anxious if you believe an accident was your fault. But the reality is that many accidents involve shared blame. Split liability exists to recognise that. So if you are asking yourself, “The accident was my fault — can I still claim?”, the answer may well be yes, depending on the circumstances.
By understanding how split liability works and getting proper advice, you give yourself the best chance of receiving the compensation you deserve.