Their Insurer Says I Was Partly at Fault
A split liability finding does not end your claim. It changes what you recover, and it is often negotiable.
You still have a claim. A split finding means you recover that proportion of your losses - on a 75/25 split you recover 75 per cent.
Splits are frequently an opening position rather than a conclusion, and they are often negotiable with the right evidence.
How splits actually work
Liability is not always all or nothing. Where both drivers contributed, it gets apportioned - commonly 50/50, 75/25 or 60/40.
You then recover that share of everything: vehicle damage, hire, storage, excess and injury. Seventy-five per cent of a properly evidenced claim is a great deal more than accepting a denial and walking away.
Where splits get proposed
Nobody can prove what happened
Insurers frequently propose 50/50 where evidence is thin, simply to close the file. It is not a finding of fact.
Both drivers were doing something
One pulled out, the other was speeding. Both contributed, so both carry a share.
Contributory negligence
You may have been entirely blameless for the collision but contributed to your injuries - not wearing a seatbelt is the common example.
Do not accept a split without checking
Tell us what happened. If the evidence supports a better outcome, we will say so.
What can shift a split
Dashcam footage
Yours, theirs or another vehicle. Frequently decisive on its own.
Where the damage is
Impact points often establish who hit whom, whatever is claimed.
Inconsistent accounts
Where a driver’s story changes between the scene and the claim, it damages their credibility.
The road layout
Junction markings, priority, sightlines and signage all bear on who should have given way.
Common questions
No. You recover that proportion of your losses. On a 75/25 split you recover 75 per cent of everything you claimed.
Often, yes. It is frequently proposed where evidence is thin rather than because the facts genuinely point both ways.
It can, if your own insurer pays out and only recovers part of it. Keeping the claim off your own policy avoids that.
Where you did not cause the accident but contributed to your own losses - not wearing a seatbelt being the classic example. It reduces what you recover rather than removing it.
Usually, though the recoverable proportion changes. We will explain where you stand before anything is arranged.
Terms and conditions apply to all services described on this page. Free recovery, storage and replacement vehicles are provided on the basis that the charges are recovered from the at-fault party’s insurer. We will explain the terms in plain English before anything is arranged.
Before we act for you we are required to verify your identity and to carry out fraud and anti-money laundering checks. This may include checks with credit reference and fraud prevention agencies, which will leave a record on your file.
Where fraud is suspected, information may be shared with fraud prevention agencies, insurers and law enforcement. Providing false or misleading information in support of a claim may mean your claim is refused, and can be a criminal offence.