Can You Claim If You Were Partly at Fault?

The short answer

Being partly to blame does not usually stop you claiming. Instead, fault is split between the drivers as a percentage, and your compensation is reduced by your share. For example, if your claim is worth £10,000 and you are found 25 per cent responsible, you would receive £7,500. This is known as split liability, or contributory negligence.

How fault is split

The percentage is based on how much each driver's actions contributed to the accident. It is worked out from the evidence, such as the road layout, dashcam footage, witness accounts and the damage to each vehicle. Common examples include pulling out when you had some responsibility to look, or a collision where both drivers were partly careless.

Why it is still worth claiming

Even a reduced settlement can be substantial, and it still covers a share of your injury, your vehicle and your losses. People often assume that being partly at fault ends any claim, and miss out on compensation they were entitled to. It is worth having a specialist look at your circumstances before you decide.

Not sure whose fault it was?

You do not have to work out the split yourself. The specialists we work with assess the evidence and argue your side, and will often push back where the other driver tries to place more blame on you than is fair.

It is a common worry: if you think you might have been partly responsible for a car accident, you may assume there is no point in claiming. In fact, being partly at fault rarely ends a claim. It simply means your compensation reflects your share of the blame, and there is often more available to you than you would expect.

Before you write off a claim because you think it was partly your fault, it is worth a quick, free check. The specialists we work with can look at the evidence and tell you honestly where you stand, with no obligation.