If you have been injured in an accident that you believe to be partly your fault, then you may still be eligible for financial compensation.
When you make a claim, both your accident compensation lawyer and the other side will seek to establish who is liable for your illness or injury. For the other side to accept your accident claim and be under any obligation to pay you accident compensation, they must be in some way liable for the accident in which you were injured.
This means that while you cannot make a claim if you are 100 per cent liable, you can still make a claim if you are partly liable.
How will my level of liability be determined?
Your lawyer will investigate your claim thoroughly and collect evidence to substantiate your claim. You will be interviewed early on in the claims process, where you will give your version of events on the record (it is here that you should admit to partial responsibility, if this is the truth), and you will also attend a medical examination to establish the extent of your injuries. Through this evidence, your level of liability will be determined.
If contributory negligence is established, then this will be put forward to other side.
Once your solicitor is happy that they have built you a winning case for compensation, this will be presented to the other side. Under the circumstances (partial liability), it is highly likely that you will settle on what is called a ‘split liability agreement’, in which you will be awarded a percentage of the full claim value. You may settle on a 25/75, 50/50 or 75/25 basis and get to keep 25, 50 or 75 per cent of your compensation respectively.
How much accident compensation could I be awarded?
As discussed above you will likely be paid a lower percentage of compensation if you are found to be partially liable for your accident. However, compensation itself is split up into two types – general damages and special damages – and these are added together to form a single settlement demand. Under a split liability agreement, it may be possible to receive your full special damages but a lower percentage of general damages.
Get a better estimated pay-out figure today
In terms of what level of accident compensation you could be awarded for your injuries or illness, we cannot say without first knowing the circumstances of your case. For a more accurate estimated pay-out for your injuries or illness, call our claims helpline today for free and with no obligation on 0800 157 1437 and discuss your case with our claims advisors.