Can I make a personal injury claim if it was my fault?

Sometimes it can be unclear as to who is actually at fault for an accident, and all too often people can blame themselves for something that may not be their fault “If only I had…”

If you have been in an accident and you’re not sure who was at fault, it is always best to get a second opinion from an experienced and reputable personal injury firm.  Our expert solicitors can navigate you through the legal process to determine whether or not you have a claim.

However, if you know the accident was entirely your fault, chances are you will not be able to claim for your injuries.

Unless…

More than one at fault for accident

When there is more than one person responsible for causing an accident that you think you may have caused then fault can be shared.  This is legally called ‘contributory negligence’.

This means if you are involved in an accident which was caused by your actions and those of others, then you may still be able to make a claim for compensation.

If this is the case, you will have a percentage deducted from the total compensation you are awarded and this is determined by how much you contributed to causing the accident.

For example, if you were in an accident where it was proved both parties were 50% responsible then a 50% deduction would be made from your final settlement.

This is often the case in accidents where someone may not have been paying full attention either at work or on the road.  It can also involve vulnerable road users such as cyclists and pedestrians.

For more information, see our blog What happens if pedestrians are partly to blame for the road accident?

What if I was a passenger and the driver was at fault?

The driver of a vehicle is responsible for the safety of their passengers. If they are responsible for causing an accident and you were a passenger you are entitled to make an injury claim, even if no other cars were involved.

This is also the case if you are a passenger and another driver is responsible for causing the accident.