In most accidents, one party is usually responsible for causing the accident and entirely responsible for the injuries you have suffered.
However, if you are a participant in a car accident and neither party is clearly at fault then the liability or responsibility for the accident will have be apportioned to both parties – this is addressed as a split liability claim.
Claims National have a wealth of experience in dealing with split liability claims and can tell you immediately if you have the right for compensation.
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How is the liability apportioned? What percentage of the blame do I get?
This is decided by both insurers involved but can sometimes be decided in court if neither party can reach an agreement.
In these situations, we would advise you to provide as much information as possible to back up your account of events. Use diagrams where possible and inspect the scene of the accident for local CCTV cameras. Always respond to requests for information from your insurance company.
In some situations, drivers have been held responsible for the accident simply because they failed to provide the information requested of them. If you want your insurance company to fight on your behalf, they need to know you are equally committed to winning the battle.
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To sum up, if you are pursuing a road traffic accident claim, and the other party alleges that you were also partly to blame for the accident, the circumstances will be further considered until a split liability settlement is agreed.
Frequent accident liability splits:
100% – If it is proven that one party is outright to blame, and no one else’s behaviour caused or assisted in the reason for the accident, the other party will be given 100% of the overall compensation from the opposing party’s insurance company.
75% / 25% – If it is proven that liability is mostly on one party, but some rests with the other party, then the overall responsibility of the accident lies on a 75% / 25% agreement. This will result in the party with more liability gaining 25% of the overall claim value, and the other party will gain 75%.
50% / 50% – If it is proven and agreed that both parties are equally responsible for the situation, then your claim will reach a 50%/50% agreement, meaning that the overall value of your claim will be split equally between you and the other party.