This is one of the most common myths surrounding personal injury claims—and it’s not true. If you’ve been involved in an accident that was partially your fault, you may still be entitled to compensation. The legal system in the UK recognises that accidents often involve shared responsibility, and you do not need to be completely blameless in order to make a valid claim.
Understanding Shared Liability
When an accident occurs and more than one party is responsible, this is known as shared liability or contributory negligence. In such cases, the blame is divided between the parties based on the level of responsibility each one had for the accident.
For example, if you were involved in a car accident where you were speeding slightly but the other driver ran a red light, both of you could be considered partially at fault. A court or insurance company might determine that the other driver was 80% responsible and you were 20% responsible. If your total compensation was valued at £10,000, you would receive 80% of that amount—£8,000.
Examples of When You Can Still Claim
Here are some situations where contributory negligence may apply and you can still make a claim:
Car accidents where both drivers were driving negligently
Pedestrian accidents where the person crossed without a green signal but the driver was speeding
Cycling accidents where the cyclist wasn’t wearing high visibility clothing but the vehicle driver failed to look properly
Workplace injuries where the employee failed to follow protocol but the employer didn’t provide adequate training or PPE
In all of these scenarios, your own actions may have contributed to the incident, but they do not automatically prevent you from making a claim.
How Is Fault Decided?
Responsibility is determined by investigating the circumstances of the accident. This may include reviewing:
Police or accident reports
CCTV or dashcam footage
Medical records
Witness statements
Expert opinions (e.g. accident reconstruction specialists)
Your solicitor will gather evidence to present a strong case and negotiate with the opposing party to determine a fair split of liability.
Why Legal Advice Matters
If you think you may be partly at fault, it’s especially important to seek expert legal advice. A solicitor will be able to:
Assess your level of liability accurately
Maximise the amount of compensation you’re entitled to
Handle communication with insurers or third parties
Guide you through the claims process on a No Win, No Fee basis