Guides › Split liability claims
Both drivers
to blame?
What is split liability in a car accident claim?
The short answer
Split liability means both drivers are found partly responsible for an accident. It doesn’t stop you claiming. Instead, what you recover is reduced in line with your share of the blame. Under the Law Reform (Contributory Negligence) Act 1945, a court reduces damages by whatever amount is fair given each person’s share of responsibility, and insurers settling claims work from the same principle.
How does split liability work?
Responsibility is divided into percentages. You can usually recover the share of your losses that matches the other driver’s share of the blame, and they can do the same against your insurer.
Example: liability agreed at 70/30 in your favour
The same split normally applies to every part of the claim, including vehicle repairs, hire, other out-of-pocket costs and any injury claim.
When does split liability happen?
Split liability tends to come up when the evidence doesn’t point clearly at one driver. Common situations include:
- Both vehicles were moving, for example two cars changing into the same lane, or reversing out of spaces in a car park
- Conflicting accounts with no dashcam, CCTV or independent witnesses to settle them
- Both drivers made mistakes, for example one driver pulled out of a junction while the other was speeding
- Contributory negligence, where you didn’t cause the accident but something you did made your losses worse, such as not wearing a seatbelt
Is split liability always 50/50?
No. Liability can be split in any proportion, depending on how much each driver contributed:
- 60/40
- 75/25
- 90/10
A 50/50 split is often suggested when accounts conflict and there’s no independent evidence, because neither side can show the other was more to blame.
You don’t have to accept a split just because it’s offered. If your evidence shows the other driver was more responsible, that can support a better split, or full liability.
Should I accept a split liability offer?
That depends on your circumstances, and it’s worth getting advice before you agree. Things to weigh up include:
- How strong your evidence is. Dashcam footage or an independent witness can change the picture.
- What the split means in practice, for your repairs, your out-of-pocket costs and any injury claim.
- Time and effort. Disputing a split can take longer, and if it goes to court, a judge will decide.
- Your insurance. A split usually means your own insurer pays part of the other driver’s losses.
We can look at the evidence with you and explain what an offer would mean before you decide.
How does split liability affect my no claims bonus?
Because your insurer may have to pay part of the other driver’s losses, a split liability claim is often treated as a fault claim on your policy. That can affect your no claims bonus and future premiums. Insurers treat claims differently, so check your policy terms.
Our guide to how a non-fault accident affects your no claims bonus explains why full recovery from the other side matters.
Does split liability affect an injury claim?
Yes. If you were partly to blame, any compensation for your injury is usually reduced by the same proportion. A court can also reduce compensation where something you did made your injuries worse, even if you didn’t cause the crash. Not wearing a seatbelt is the best-known example.
If you were hurt, solicitors at NJS Law can look at your injury claim and the liability arguments, usually on a No Win No Fee basis. The terms are explained before you start. Find out more about road accident injury claims.
Frequently asked questions
Can I still get my car repaired in a split liability claim?
Yes. Your repairs can still go ahead, but the other driver’s insurer will usually only pay their share of the cost. The rest may be claimed on your own comprehensive policy, subject to your excess and policy terms, or paid by you.
I was a passenger. Does a split between the drivers affect my claim?
Usually not. A passenger who did nothing to cause the accident isn’t part of the split between the drivers, and can normally claim in full against one or both drivers’ insurers. See our page for passengers.
Can a split liability decision be challenged?
If it hasn’t been agreed, yes. Until both sides accept a split, either can put forward more evidence or ask a court to decide. Once you’ve formally agreed a split, it’s much harder to change, which is why advice before agreeing matters.
Who decides the percentages?
Usually the insurers or the people handling each side’s claim negotiate a split based on the evidence. If they can’t agree, a judge decides.
What if the other driver says it was all my fault?
A denial isn’t the final word. See our guide to what happens if the other driver says the accident was your fault.
Been offered a split you’re not sure about?
Tell us what happened and we’ll look at the evidence with you. There’s no obligation to go ahead.
This guide provides general information for England and Wales only and is not legal advice. Every claim is different. Back on the Road UK is a trading style of NJS Law Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550).