Can I Claim for an Accident that was my Fault?
‘Can I claim for an accident that was my fault?’ is one of our most frequently asked questions.
You can claim compensation if the accident was the fault of another person or organisation. It is highly unlikely that you can make a claim if you are completely at fault.
What if you are partly at fault? You can make a claim.
When is compensation paid?
Compensation is paid if you suffer an injury caused by someone else. The compensation claim is brought against the other person / company and their insurance company.
What is a ‘non-fault accident’?
When discussing personal injury claims we refer to making a claim for a ‘non-fault’ accident. This is an accident which has resulted in injury to you and which was not your fault.
There is no automatic right to compensation. Some kind of legal fault will have to be proved against another person if the claim is to be successful. There may be some cases where you are not to blame for the accident but at the same time it is not possible to prove that legal liability for the accident rests with someone else.
Always get advice from a solicitor to establish who is legally to blame for an accident. This will confirm if you can make a claim for compensation.
What if you caused, or partly caused, the accident?
In some circumstances, you will clearly be at fault for causing an accident. For instance, due to your own error you lost control whilst driving a vehicle and no other vehicles were involved in the accident. In this case it would not be possible to bring a claim for compensation. This is because there is no other person to blame. There is no one else to bring a claim against.
Generally, if you are injured as a result of an accident that was your fault you cannot make a claim for compensation.
You can make a claim if someone else is partly to blame for the accident.
What about split liability?
If you are partly to blame for causing an accident you can still bring a compensation claim.
For example, if you are 40% to blame for an accident and another person is 60% to blame you could still make a claim against the other person. In this case your final award of compensation would be reduced by 40% to reflect your share of the blame.
Apportioning blame after an accident can be complex. Always obtain independent legal advice before accepting any liability for an accident. We are happy to discuss this in a free consultation.
How do you know who is to blame for an accident?
In some cases it is very clear who is to blame. However, the laws and rules for personal injury claims are complex. In many cases it may not be obvious to you that a claim can be made. Don’t lose your right to claim. Find out if you can make a claim. Contact us and discuss the particular circumstances of your accident.
It is easy to find out more. Book a free telephone consultation
We are here to help. Book a free telephone consultation to speak to a solicitor. Find out if you can make a claim and ask any questions you have.