In this guide, we will explore when you might be able to pursue a split liability claim following a road traffic accident. We will also explain how long after a road traffic accident you can claim and certain kinds of evidence that may be useful to provide. Furthermore, we will discuss how to claim for whiplash and how compensation payouts are calculated for this type of claim.
Split liability claim guide
Additionally, we will provide information about how the services of a No Win No Fee solicitor could help you.
If you’ve experienced a road traffic collision and the accident was at least partly the fault of another driver, you may be eligible to claim. Keep reading this injury claims guide for more information, or contact us to learn more by:
- Providing contact details with our claim online form
- Calling 0113 460 1216
- Speaking to an adviser using the chat feature below
Choose A Section
- When Could You Make A Split Liability Claim?
- Is There A Time Limit To Make A Split Liability Claim?
- Potential Evidence That Could Help In A Road Traffic Accident Claim
- What Compensation Could You Receive From A Split Liability Claim?
- Why Claim For A Road Traffic Accident On A No Win No Fee Basis?
- Learn More About Making A Claim For A Road Traffic Accident
When Could You Make A Split Liability Claim?
To claim for a road traffic accident, you must be able to show that negligence contributed to the road traffic accident in which you were harmed. The Road Traffic Act 1988 lays out the duty of care owed on the road. A second document called The Highway Code provides other useful guidance and rules of the road. Anything that is a rule in the Highway Code will be backed up elsewhere in law.
To establish whether negligence played a role in your accident, you need to show that you were owed a duty of care and that a breach of this caused you to be injured.
A split liability claim can occur when two road users are both determined to be at fault for an accident, to some degree, for the accident. For instance, the following examples are scenarios in which two drivers may both have contributed to the car accident:
- One driver runs a red light while a second driver is speeding through the junction.
- Two drivers are both reversing out of spaces in a car park, and neither checked their surroundings while doing so. As a result, the backs of the cars collide.
- One driver attempts to merge without checking their mirrors, colliding with a second vehicle driving above the speed limit.
Contact our team if you’d like to know more about liability in your car accident. Alternatively, read on to learn more about time limits and useful evidence.
Is There A Time Limit To Make A Split Liability Claim?
Road traffic accident claims must begin within a certain time limit. Generally, these limits are:
- 3 years from the date of the accident
- 3 years from your date of knowledge, which is the time at which you learned negligence played a role in the accident
There are exceptions to these time limits, such as when children are involved. Contact our advisers for more information about the time limits that may apply to your potential split liability claim. Our team can provide information you may need to know about road traffic accident claims.
Potential Evidence That Could Help In A Road Traffic Accident Claim
Certain pieces of evidence will help support your road traffic accident claim. For instance, it could benefit you to gather:
- CCTV or dashcam footage of the accident
- Contact details for any witnesses
- Photographs of the vehicles and scene
It should be noted that a solicitor can help with this aspect of making a car accident claim. They can gather and collate the required evidence. If you have questions about the role evidence plays in a split liability claim, speak to our advisers.
What Compensation Could You Receive From A Split Liability Claim?
Compensation for road traffic accidents could involve a single payment for two separate aspects of the suffering you experienced. These are reflected in two heads of claim: general damages and special damages.
You can use a road traffic accident claims calculator to estimate your potential compensation. However, a solicitor will generally check the Judicial College Guidelines (JCG) for information about how much a claim could be worth in general damages. This document contains compensation brackets for different injuries that could be sustained due to negligence.
The table below contains figures that could form a part of the compensation for injuries caused by a car accident. Please remember that these are only guidelines, as your personal circumstances could affect how much compensation you can claim.
Examples of General Damages Compensation Amounts
| Type of Injury | Brackets/Tariffs | Injury Notes |
|---|---|---|
| Paralysis Injury | £219,070 to £284,260 | Award for paraplegia that considers extent of pain, degree of independence, and presence or risk of worsening paralysis. |
| Moderately Severe Brain Damage | £219,070 to £282,010 | Serious disability with considerable dependence upon others and need for constant case. |
| Moderate Brain Damage (ii) | £90,720 to £150,110 | Moderate to modest intellectual deficit, some risk of epilepsy, and ability to work reduced or removed. |
| Severe Neck Injury (i) | In the region of £148,330 | Associated with incomplete paraplegia or permanent condition that persists despite medical interventions. |
| Moderate Neck Injury (i) | £24,990 to £38,490 | Dislocations or fractures that cause immediate and severe symptoms. |
| Amputation of Arms | £109,650 to £130,930 | Above-elbow amputation that may cause difficulties in using a prosthesis. |
| Less Severe Arm Injury | £19,200 to £39,170 | Significant disabilities from which a substantial recovery has taken place. |
| Severe Leg Injury (ii) | £54,830 to £87,890 | Very serious injuries that lead to permanent mobility problems, or multiple fractures that required surgery and years to heal. |
| Whiplash Injury, One or More | £4,215 | Longer than 18 months' recovery to a maximum of 24 months. |
| Whiplash Injury, One or More, and Psychological Injury, One or More | £3,100 | Longer than 15 months' recovery to a maximum of 18 months. |
How Do You Make A Whiplash Claim?
According to the Whiplash Reform Programme, which came into effect on 31 May 2021, drivers and passengers over 18 that suffer whiplash or soft tissue injuries valued at £5,000 or less must claim through the government’s Official Injury Portal. These injuries will be compensated in line with the tariff established in the Whiplash Injury Regulations 2021.
If, however, these individuals suffer additional injuries that take the value of the claim over £5,000, the claim does not have to be made through this portal. Regardless of this, the whiplash tariff would still apply to the relevant whiplash and soft tissue injuries.
It should be noted that the tariff may still apply to whiplash and soft tissue injuries suffered by individuals who do not need to claim through the portal, such as vehicle occupants under 18.
Speak to our advisers if you have questions about making a split liability claim for whiplash injuries. They can also discuss how to make a passenger injury claim.
Special Damages In A Road Accident Claim
In addition to the payout made for the suffering caused by your injuries, a second head of claim could help you recoup financial losses caused by the accident. This head of claim is called special damages, and it could reimburse you for:
- Lost earnings, past as well as future, if you cannot return to work
- The cost of prescription medications
- Personal property damaged during an accident in which you were harmed
Our advisers can help if you have questions about how a split liability claim may affect how much you receive in special damages.
Why Claim For A Road Traffic Accident On A No Win No Fee Basis?
You don’t need a lawyer to begin a split liability claim. However, road traffic accident solicitors could provide knowledge and experience you may not otherwise have.
Furthermore, the solicitors on our panel may be able to offer you a specific kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA). By using this kind of contract, you generally won’t have to pay for your solicitor’s services if your claim fails. Instead, the solicitor would take a success fee at the end of the claim, but only if it is successful. This fee is legally capped, so you always receive the majority of your compensation.
We Offer 24/7 Free Legal Advice – See If You Can Claim Today
Contact our advisers if you’re interested in finding solicitors for car accident claims. Our team can listen to the circumstances you describe and offer insight into the merits of your potential claim. This consultation is free and, after it concludes, there is no obligation to continue using our services. You can learn more about making a road accident claim by:
- Providing contact details with our claim online form
- Calling 0113 460 1216
- Speaking to an adviser using the chat feature below
Learn More About Making A Claim For A Road Traffic Accident
More guides about road traffic accident claims:
How Long Do Car Accident Claims Take To Complete?
What Goes Into Making a Taxi Accident Claim?
I Had An Accident On Public Transport, Can I Make A Claim?
Related third-party information:
CCTV Footage – Government resource about requesting CCTV footage that you’re shown in
Brake – Charity dedicated to road safety
Report A Road Traffic Incident – Information about how to report a road traffic accident
We hope this guide about starting a split liability claim has been useful. For more information, contact our advisers using the details given above.
Writer Morgan Fringe
Publisher Fern Stringer