What Is Split Liability In Compensation Claims?

Split liability is a legal term that applies when the parties involved in a compensation claim share responsibility for an accident. It is often used in personal injury claims, particularly road traffic accidents, where multiple parties may have contributed to an incident. In these claims, the percentage of responsibility is allocated based on each party’s level of responsibility. This split varies by case, and compensation payouts are apportioned based on the agreed liability percentages.

Navigating legal terms like split liability can add unnecessary stress to an already difficult time. Many people are unfamiliar with how liability works, but you will not be expected to understand complex legal terminology or manage the claim on your own. Our panel of solicitors will explain how split liability applies to your case, what percentage of responsibility may be involved, and how this could affect the value of your claim. All explanations will be provided in clear and straightforward language.

Here at Compensation Calculator UK, our panel understand the important nuances of split liability personal injury claims. They are experienced in establishing a clear narrative of the facts, gathering evidence to demonstrate the true extent of shared responsibility for an accident, and working with the opposing party to ensure liability is assessed fairly. This expertise can help reduce the risk of you accepting an unfair split or lower compensation amount.

By choosing to proceed with a solicitor from our panel, you can feel confident that your claim is being handled by someone with the relevant experience, while you focus on your recovery and moving forward after an injury. It’s completely free to speak to an advisor today about split liability and claiming personal injury compensation in general via the contact methods below.

Jump To A Section

1. What Are The Most Common Split Agreements?
2. How Is The Liability Split Apportioned?
3. Are Split Liability Agreements The Same As Knock For Knock?
4. Is A Claim More Complex When Liability Is Split?
5. Can Split Liability Claims Be Made On A No Win No Fee Basis?
6. How Can Compensation Calculator UK Help A Split Liability Claim?
7. More Information

What Are The Most Common Split Agreements?

Although percentages will vary depending on the details of your case, 50/50 or 75/25 agreements are the most common split agreements. We’ve outlined some more common split agreements between the claimant (the person seeking compensation) and the defendant (the opposing party) below:

• 50/50: Both parties agree to take equal responsibility for the accident.
• 75/25: The claimant takes more responsibility for the accident.
• 25/75: The defendant takes more responsibility.
• 80/20: The defendant is found to be at greater fault for the incident.
• 20/80: The claimant shares the largest percentage of the blame.

Please note that these percentages are not set, as each claim based on split liability is assessed on its unique circumstances. Our advisors can help if you have questions about the percentages discussed above.

How Is The Liability Split Apportioned?

The liability split is apportioned by assessing each party’s degree of responsibility for causing the accident. This is determined by examining available evidence and considering how each person’s actions or omissions contributed.

In personal injury claims where split liability applies, fault is assigned as a percentage. Liability may be divided equally at 50/50, or unevenly, such as 75/25. Since no case is ever going to be alike, the final apportionment is based on the specific merits of each claim rather than a rigid formula.

Several factors may be considered when determining fault, including:

• Statements from witnesses, which a solicitor can obtain on behalf of claimants.
• CCTV or dashcam footage.
• Police or accident book reports.
• Accident reconstruction evidence, and whether any party breached traffic laws, safety guidance, or acted unreasonably.

Split liability commonly arises in road traffic accident claims, where both drivers may have contributed to a collision. For example, if an oncoming driver is travelling well above the speed limit, but another road user pulls out of a junction without properly checking that the road is clear, then both parties may share the blame for the resulting accident.

In this scenario, a court or insurer may decide that the speeding driver was 75% responsible, while the other road user’s actions contributed 25% the collision. Once liability is apportioned, any compensation awarded is adjusted in line with the claimant’s share of fault. For instance, in the above scenario, the driver who was assigned 25% of the blame would receive 75% of the final compensation payout.

Each split liability case is assessed on its own facts, and the way liability is apportioned will depend on the available evidence and how responsibility is ultimately agreed or decided. Please speak with one of our advisors for further guidance.

Are Split Liability Agreements The Same As Knock For Knock?

While they appear similar on the surface, split liability agreements are not the same as knock-for-knock, as the former is a legal determination of fault, whereas the latter does not require assigning liability for an insurer to pay damages.

As discussed at length in this guide, split liability claims assign fault between the parties based on their respective shares of responsibility for the accident, whether 50:50 or 80:20. In contrast, under knock-for-knock, each party’s insurer pays their policyholder’s damages, regardless of who is at fault.

Knock-for-knock agreements are most commonly used for road traffic accident claims. By not going through the steps of assessing each party’s share of fault, insurers can settle cases quickly, as the process is simplified.

If you’re unsure whether your case would fall under split liability or knock-for-knock, our advisors can help. They are here 24/7, so you are sure to get a quick and clear response to your query.

Is A Claim More Complex When Liability Is Split?

A claim can be more complex when liability is split, as the specific share of blame for an accident must be determined, negotiated, and agreed upon by all involved parties. This requires a thorough assessment of the circumstances to establish an accurate degree of fault, which may create challenges during the negotiation phase.

Some of the factors that can complicate shared-fault cases include:

• Negotiating the percentage of blame, particularly if the opposing party refuses to accept their share of responsibility.
• A lack of clear-cut evidence, which may make it difficult to apportion fault between the parties involved.
• If there are irreconcilable disagreements over fault, a judge may be required to determine the split. However, claims rarely reach the courts as most are settled through negotiation before this stage.

This is not an exhaustive list. While a split liability claim can be more complex, it doesn’t have to be a stressful experience. Working with expert solicitors, such as those on our panel at Compensation Calculator UK, can help simplify the process and reduce stress. If you have any questions or concerns about split liability claims, please reach out to an advisor.

Can Split Liability Claims Be Made On A No Win No Fee Basis?

Yes, split liability claims can be made on a No Win No Fee basis by connecting with our panel of expert solicitors. They provide their comprehensive range of client-centred services on these terms via a Conditional Fee Agreement (CFA).

When your priority after an accident is likely recovery, pursuing compensation under a CFA can be extremely beneficial. This is because this agreement means:

• There will be no service fees charged for the solicitor’s work before you start a split liability claim.
• You will not pay a single service fee during your ongoing claim.
• Your solicitor will take no service fee in the event of an unsuccessful claim.

You pay a success fee to your solicitor after you receive compensation. This fee comes from the compensation itself as a legally capped percentage, ensuring clients benefit most.

Use any of our contact methods to ask an advisor any further questions you might have about pursuing compensation under the terms of a Conditional Fee Agreement.

How Can Compensation Calculator UK Help A Split Liability Claim?

Compensation Calculator UK can help with a split liability claim through a comprehensive consultation with our advisory team. This allows them to thoroughly assess your case, including what share of the blame may exist, and may lead to you being connected with one of the highly experienced solicitors on our panel.

Working on a No Win No Fee basis, our panel can assist with a split liability claim in several ways, such as:

• Explaining how split liability works and addressing any queries you have about other legal terminology.
• Advising you on what evidence can support your account and limit your share of responsibility, and helping to gather it.
• Assisting with preparing your case if your split liability claim goes to court. However, claims rarely ever reach this stage as the vast majority settle out of court.
• Handling all documentation and communications, so you can stay focused on your recovery.
• Negotiating with the opposing party with the aim of achieving a settlement that fairly reflects the degree to which you have been affected.

Contact Our Advisors

Making a split liability claim is easier when you work with experts like the solicitors making up our panel here at Compensation Calculator UK. If you would like to learn more about split liability or find out if you can pursue compensation in your specific circumstances, reach out today for your free, confidential consultation:

• Call on 0800 408 7826
• Speak to an advisor via the live chat box
• Make a claim enquiry via our online form

More Information

Discover some more of our relevant guides and glossaries in this section.

• Discover how to claim compensation for a fatal injury.
• Read about After The Event insurance.
• See how contributory negligence differs from split liability in our guide.

You may also find the following external links useful.

• Find out who the Motor Insurers’ Bureau (MIB) is and what it can help with.
• See how to request CCTV footage of yourself via GOV.UK.
• Use POLICE.UK to see if you need to report a road incident.

Contact our advisors today to see if you can make a split liability claim on a No Win No Fee basis with one of the dedicated solicitors making up our expert panel.