Split liability is a term used for when two or more drivers are involved in an accident where there is no single driver who is clearly responsible.
These car accident claims are far more complicated and stressful than normal accident claims, as the liability will be apportioned to the individuals involved appropriately. For example, if two drivers are involved in a collision because of poor observation or careless driving, this would result to a 50/50 split liability claim. This means both parties each have to pay half of the costs of the repairs.
How is the liability apportioned?
Split liability claims are usually considered by insurers or a claims management company; they will decide how the claim will be split proportionately. In extreme cases, split liability claims can be taken to court.
In court the individuals’ responsibility will be considered in terms of percentages. For example, someone who is 70% to blame will be liable for the majority of the accident, where one or more people may be responsible for 30% of the accident. If the judge believes someone was 100% liable, it would mean they are entirely to blame and no-one else is responsible for causing the collision.
Can I still claim for an injury, even if I was involved in a split liability car accident?
You should always consult a solicitor to discuss split liability claims. These claims are complicated and often need accident claim solicitors to help form strategies and guidance relating to your particular accident. You will be able to make a claim, for the proportion you are entitled to.
The percentage to which a person is liable for causing your accident directly links in with the amount of compensation you would be able to recover from them in a claim.
What information will help me make my claim?
It is important to gather as much information as possible to support your claim.
-Picture or video evidence of the position of vehicles at the scene
-Pictures of the vehicles involved and the damage they have sustained
-Skid marks on the road can help judges identify the cause of the accident
-Capture the other vehicles’ number plates for evidence
JaviC / Foter / CC BY-NC-SA
Never admit to causing the accident on the scene, you are not legally obliged to admit liability at the scene of an accident, so don’t feel that you have to. Just make sure you jot down a list of conditions that may have affected the decisions you made when the accident happened.
If you need further advice on split liability claims or any other form of car accident claims, contact personal injury experts Burt Brill and Cardens.