Learn About Split Liability Claims

Last Updated 30th April 2026. Split liability claims can be made after a range of road traffic accidents where more than 1 person is deemed responsible for the incident. This allows both parties to seek some compensation, even if they contributed in some way to the accident. A split liability agreement can be a straightforward 50/50 insurance claim, where 2 road users are equally responsible, or a more complex split in which some road users bear more responsibility than others.

Here at Advice, we appreciate that such claims can get a little complicated and knowing where to start is difficult. We can offer free, no-obligation guidance to anyone who gets in touch with us, explaining the claims process in more detail and providing an eligibility consultation at no cost to you. If your potential claim is valid, we will put you through to one of our expert road traffic accident claims solicitors. Advice offers all of our clients a tailored package of services and support measures designed to fit around their specific circumstances.

We know that each claim is different and work hard to truly understand the details of your accident in order to give your claim the best possible chance of succeeding. You can find out more by talking to our advisors today.

• Call us on 0161 509 2856.
• Contact us online
• Click the live chat button on your screen now.

Select A Section

1. What Is A Split Liability Agreement?
2. Case Study Example Of A Split Liability Claim
3. What Does ‘Fault’ In An Accident Mean?
4. Proportions In Split Liability Agreements
5. Who’ll Decide The Proportion Of Liability In Split Liability Agreements?
6. Common Accidents Which Can Lead To Split Liability
7. Split Liability Vs Knock For Knock
8. How Long Do I Have To Make A Split Liability Claim?
9. Why Make A Split Liability Compensation Claim With Advice?
10. Can I Claim For Split Liability Accidents On A No Win No Fee Basis?
11. FAQs On Split Liability Claims
12. Resources And Advice

What Is A Split Liability Agreement?

If you are partially responsible for an accident that has injured you, then this will prevent you from starting a ‘non-fault claim’. However, you could still potentially receive compensation by making a split liability claim against the other parties responsible instead.

With split liability claims, the amount of compensation awarded to the parties involved in an accident will be influenced by how much responsibility they hold for the incident taking place. For instance, if you claim against another driver for a car accident, and liability is split equally between the two of you, then you’ll receive half the compensation for your injuries compared to what would have been awarded if the other party were fully to blame. This may be referred to by some as a 50/50 insurance claim.

For more advice about how split liability claims work and whether you’re eligible to start such a case, please read on or contact our team for free, either online or by calling us.

What Is Contributory Negligence?

Contributory negligence is when the claimant is partially responsible for their injury or its severity. This term refers to a person’s actions or decisions that have made them partly responsible for their injuries. This means:

• The injured person failed to take appropriate measures to protect their own safety
• This contributed to the severity of the injury 
• The harm could have been reduced if the claimant had taken appropriate safety measures

For example, imagine that you are driving without wearing your seatbelt. If a car crashes into you because it is speeding, the driver’s actions have caused the injury. However, not wearing your seatbelt could make the injury worse than it would have been if you had.

Case Study Example Of A Split Liability Claim

John sustained a serious neck and back injury after another car, driven by Emma, pulled out of a junction without signalling or looking to check whether the road was clear. However, John was driving 10mph over the speed limit. 

Initial insurer proposals suggested that John should accept full responsibility for the collision. However, John contacted specialist road traffic accident solicitors. They investigated the case and proved that John’s speed was only a contributing factor to the accident. 

The solicitors argued for a 75/25 split liability agreement in John’s favour, and he received 75% of the compensation. 

This figurative case study demonstrates that even if you are partially at fault for an accident, securing expert legal advice is vital in order to ensure that you receive a fair proportion of compensation. 

If you would like to enquire about split liability claims, please contact us today. 

What Does ‘Fault’ In An Accident Mean?

When fault is apportioned to someone involved in an accident, it means they were responsible for it. You’ve probably heard about personal injury cases referred to as ‘non-fault claims.’

This would mean that the claimant had no part in causing the accident, and it was entirely the fault of the defendant. This is the basis on which most personal injury claims are taken on but there are cases where both parties involved in an accident, both accept partial responsibility for the accident.

Common faults when driving are:

• Driving into the back of another vehicle is usually always the fault of the driver behind.
• Pulling out onto a main road, where the driver on the main road has the right of way in most cases.
• When a collision occurs between a car turning right to leave a highway and collides with another vehicle already on the highway and travelling in the opposite direction.

Other examples of complete fault claims will exist, but this guide is going to cover the types of claims that can’t be settled in this way and the blame for the accident is split between 2 or more drivers or parties.

Proportions In Split Liability Agreements

When agreeing to a liability agreement, they are described in terms of percentage splits (as you’ll have seen elsewhere in this guide).  The table below outlines some common liability splits and what they mean:

If you’re unsure whether it’d be a good idea to make a split liability claim, please contact one of our friendly team members for advice.

Should I Accept 50/50 Liability In An Insurance Claim?

When it comes to 50/50 insurance claims, claimants can feel hesitant about accepting liability. We understand that it can be disheartening to take 50% of the responsibility for your injuries, especially if you do not feel that it is accurate.

You are not obliged to accept liability. However, you will need to provide proof that you were not 50% liable for the injury. For example, you may be able to provide CCTV footage of the incident. 

We strongly recommend that you contact our team of advisors to discuss further. 

Who’ll Decide The Proportion Of Liability In Split Liability Agreements?

Deciding upon the percentage split in split liability claims can be tricky, especially if neither side wants to back down or admit any liability at all.

Your personal injury solicitor will try to achieve an agreement with the other person’s solicitor or insurance company, but if that fails, other options exist, including:

• Firstly, an insurance company could conduct their own investigations when considering a road traffic accident.
• If the liability can’t be concluded following the investigation, then it may require the intervention of a judge in a court to decide on who was to blame and, if multiple parties were, the exact percentage split.

Common Accidents Which Can Lead To Split Liability

There are some types of road traffic accident which can end up as split liability claims including:

• Two cars reversing out of parking spaces at the same time and end up colliding with each other.
• Where one driver pulls out onto the main road from a junction and collides with another car, but the other car was driving above the speed limit for the road.

Other examples exist, so if you’re unsure if you need to agree to a split liability claim, please contact us before speaking to the other party or agreeing to any percentage split.

Split Liability Vs Knock For Knock

A split liability agreement is not to be confused with a knock for knock type agreement. Split liability claims are used to make personal injury claims where each party has admitted to their portion of responsibility for the accident.

Knock for knock means that each party’s insurers will pay out for their clients’ claims themselves, and nobody has admitted any liability themselves and cannot be used for personal injury claims.

How Long Do I Have To Make A Split Liability Claim?

Under the Limitation Act 1980, the time limit for split liability claims is usually three years, beginning from the day of the accident that caused your injuries.

Under certain circumstances, this time limit can work differently. It will be suspended indefinitely if the injured party lacks the mental capacity required to start their own claim. A litigation friend could make a claim on the injured party’s behalf during this suspension. If this doesn’t happen and the injured party later regains their mental capacity, then they will have three years to start a split liability claim from the day of recovery.

If a child is injured in an accident that involves split liability, then the time limit for starting a claim will be frozen up until their 18th birthday. During this time, a compensation claim could be made on their behalf by a litigation friend. If this doesn’t occur, however, then the injured party will have three years to start a split liability claim on their own from the day of their 18th birthday.

For more advice about your eligibility to make a split liability claim, such as a 50/50 insurance claim, contact our advisors for free today.

Why Make A Split Liability Compensation Claim With Advice?

By choosing to make a split liability compensation claim with Advice, you’ll benefit from a highly trusted, experienced and successful law firm having your back for the entirety of the process. We have extensive experience navigating the complexities of disputed liability and provide a fully tailored service to ensure you have all the support you need at every stage of claiming.

When you make a split liability car insurance claim with us, Advice will: 

• Value your claim to calculate a starting settlement figure before any potential liability deduction is applied.
• Coordinate with relevant insurers and make sure that the level of fault assigned to you is reflective of the accident.
• Gather and analyse evidence, such as dashcam recordings or CCTV footage, that can help minimise your percentage of responsibility for the incident.
• Keep you informed of your claim’s progress and clearly explain all the tricky technical language, including split liability and contributory negligence.
• Provide clear guidance throughout negotiations, ensuring you are fully informed on whether to accept the proposed liability split.

This is by no means a complete list of everything our expert solicitors can do for you, and our support will always reflect each client’s unique circumstances. Get your free eligibility check today by contacting our advisory team using the details given below.

Can I Claim For Split Liability Accidents On A No Win No Fee Basis?

You can claim for split liability accidents on a No Win No Fee basis with Advice, as our solicitors work solely using a Conditional Fee Agreement or “CFA.”

When claiming under a CFA, you are protected from having to pay the solicitor any service fees both at the beginning of and during the claim itself. There is also no service fee if the claim fails. Per The Conditional Fee Agreements Order 2013, our solicitors take a success fee as a legally capped percentage of the compensation if the claim is won. This binding cap, alongside all the other protections, makes the CFA a highly advantageous means of pursuing a claim.

Get your free eligibility check today via the contact information given here:

• Call us on 0161 509 2856.
• Contact us online
• Click the live chat button on your screen now.

FAQs On Split Liability Claims

Here are some answers to frequently asked questions about split liability claims.

What Is A Split Liability Claim?

Split liability claims are a type of personal injury claim that are made when two or more parties share a portion of the responsibility for an accident. The final payout is reduced by the percentage of blame. 

What Is A Liability Split?

A liability split is the agreed-upon percentage breakdown of responsibility between the parties involved in an accident. For example, the liability split could be 75% and 25%, 60% and 40%, etc. 

This proportion directly determines the amount of compensation that’s awarded. 

What Is The Hardest Injury To Prove?

The hardest types of injuries to prove are typically those with non-physical or subjective symptoms. For example, psychological damage, chronic pain, or a mild traumatic brain injury (MTBI). 

Success in proving these injuries relies heavily on thorough medical records and expert professional opinions to establish that the injury was definitely a result of the accident.

Do I Have To Accept 50/50 Liability?

No, you do not have to accept 50/50 liability. If you believe that the proposed liability split is unfair, you should not agree to it. Instead, ask your personal injury solicitor to investigate the circumstances further, and if possible, challenge the offer. 

Evidence such as CCTV footage, photographs, and witness contact details can all be provided in your favour when negotiating the liability split.

Resources And Advice

Read some of our other road traffic accident claims guides here:

• Find out how to report a car accident here.
• Read our guidance on how to claim for a one-way street crash and learn how compensation is determined. 
• Learn how you can claim against an uninsured driver so you don’t miss out on the damages you are owed. 

We’ve also included some additional resources we hope you will find useful:

• See the latest road safety campaigns from THINK!.
• The government has published this resource on vehicle insurance and what to do if you’re in an accident.
• Read the NHS guidance on first aid and how it can make all the difference following an incident.

Thank you for reading our guide on split liability claims.