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QUESTION: What is a Split Liability Agreement?

We specialise in helping victims of injury claim the compensation they may be entitled to. Now, we can help you understand what split liability is.

QUESTION: What is a Split Liability Agreement?

So: what is split liability? First, some compensation claims are black and white. In essence, a perpetrator acknowledges they’re at fault for a victim’s apparent injuries – which stem from the accident or act of negligence.

But in other claims for personal injury compensation, the responsibility isn’t wholly attributable to one party alone. Sometimes, the victim can be at fault too. What that happens, you’re looking at a split liability agreement.

Split liability agreements are most frequently the outcome of road traffic accident compensation claims. For example, a pedestrian is struck by a car travelling slightly above the speed limit as they are crossing the road, suffering a fractured leg and spinal injuries. You may assume the driver is at fault, however, when you consider that the pedestrian was crossing against a red light and that they did not take adequate precaution to ensure their path was free of traffic, liability becomes blurred. Both the driver and the pedestrian are at fault: the driver because they were speeding and therefore not able to stop as quickly as they should have, and the pedestrian because they did not take care to avoid a collision.

Split liability can also occur when one party is clearly responsible for the accident, but the victim has done something which has led to their injuries being worse than expected. For example, a person slips on a wet floor in a shopping centre and injures their leg, but refuses medical assistance and walks home. The victim did not cause their accident, but by walking on their injured leg they made the damage worse and their recovery time longer and more involved.

Split liability is frequently 50:50, where both parties are considered equally responsible for the outcome of the accident, or 75:25, where the victim acknowledges a lesser role in their injury. The degree of liability is deducted from the amount of compensation paid. For example, a victim in a 75:25 case would receive £7,500 of at £10,000 payment.

You should never accept an offer of split liability compensation without first seeking legal advice. The more evidence you and your lawyer can compile, including photos of an accident site and statements from witnesses, the greater the amount of compensation you will receive even in a split liability case.

What if I Don’t Agree to Split Liability

If another party is insisting you are partially liable for your illness or injury, but you do not agree, you may need to submit your claim to court for a judge to make a decision. We frequently speak to clients who have been involved in an accident and received a direct offer of split liability compensation very early on in proceedings, without them having even consulted a solicitor.

Call The Compensation Experts if you want information about claiming compensation or whether you should consider a split liability offer. Our agents are happy to answer any initial questions you have, including how to proceed with your claim for compensation.

    Speak to an expert now and see what you could claim

    Am I eligible?

    If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.

    Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.

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    How much could I claim?

    As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.

    Our dedicated team of experts will give you an indication of how much you could potentially claim for.

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    How does the process work?

    We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.

    Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.

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