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Guide · Personal injury
Can I Claim If the Accident Was Partly My Fault?
Yes, usually. In England and Wales, you can still claim compensation if you were partly to blame for your accident or your injuries. Your compensation is reduced to reflect your share of the blame, but it isn't wiped out. This is called contributory negligence. You only can't claim if no one else was at fault at all.
Many people talk themselves out of claiming because they think they played a part in their accident. This guide explains how shared blame works, how the reduction is decided, and why it's worth getting advice before you rule yourself out.
- The law
- Law Reform (Contributory Negligence) Act 1945
- How it works
- Compensation is reduced by your share of the blame
- Who decides
- Usually agreed between both sides, or a judge if not
- No Win No Fee
- Still available if you were partly to blame
What is contributory negligence?
Contributory negligence is when the injured person's own actions, or failure to act, contributed to the accident or made their injuries worse. In real accidents, blame is often shared, and the law recognises that.
Under the Law Reform (Contributory Negligence) Act 1945, compensation can be reduced by a percentage that reflects your share of responsibility. The other side still has to pay their share.
An example
A pedestrian steps into the road away from a crossing and is hit by a driver who was speeding. Both are partly to blame. If the pedestrian is found 25% responsible and their full compensation would have been £20,000, they receive £15,000.
Common examples of shared blame
These are some of the situations where the other side may argue you were partly responsible.
Road traffic accidents
Not wearing a seatbelt, riding a motorcycle without a properly fastened helmet, stepping into the road without looking, or travelling with a driver you knew had been drinking.
Accidents at work
Ignoring safety instructions, not wearing protective equipment you were given, or taking a shortcut you'd been warned against.
Slips, trips and falls
Ignoring a clearly marked hazard or warning sign, or not looking where you were going, for example while using your phone.
The other side may raise contributory negligence even when your share of the blame is small or there isn't any. We'll look at the evidence and challenge any allegation that isn't justified.
How is the reduction decided?
There's no fixed formula. The reduction depends on the facts of your accident, the evidence, and how courts have dealt with similar cases. Most claims settle by agreement, so the two sides usually agree the percentage between them. If they can't, a judge decides.
- Not wearing a seatbeltCourts usually reduce compensation by 25% if wearing a seatbelt would have prevented the injury altogether, and by 15% if it would have made it less serious. If it wouldn't have made any difference, there's usually no reduction.
- Travelling with a drunk driverPassengers who knew, or should have known, that the driver had been drinking have often had their compensation reduced by around 20%.
- Other casesReductions can range from small percentages to 50% or more, depending on how much each side contributed.
Even a 25% reduction means you still receive 75% of your compensation. On a £30,000 claim, that's £22,500, compared with nothing if you'd assumed you couldn't claim.
What if the other side says it was all my fault?
A denial that the other side was to blame at all isn't the same as a finding that you were. It's often their starting position. If there's evidence the other party was at least partly responsible, you may still have a claim, and evidence such as witness statements, photos, CCTV and expert reports can show what really happened.
See also what to do after an accident for the evidence worth keeping.
Does it affect No Win No Fee?
No. You can still make a No Win No Fee claim if you were partly to blame. If your claim doesn't succeed, you don't pay our fees. If it succeeds with a reduced award, the success fee is worked out from the compensation you actually receive. See No Win No Fee explained.
Partly to blame: FAQs
Can I claim if the accident was partly my fault?
Usually, yes. In England and Wales, your compensation is reduced to reflect your share of the blame, but you can still claim if someone else was also at fault. This is called contributory negligence.
Can contributory negligence mean I get nothing?
Contributory negligence reduces your compensation, but it doesn't wipe it out. If you get nothing, it's because the other side wasn't found to be at fault at all, not because of a contributory negligence reduction.
Will the other side always say I was partly to blame?
Not always, but it's common for insurers to raise it, sometimes even when your share of the blame is small or there isn't any. We'll look at the evidence and challenge any allegation that isn't justified.
How much will my compensation be reduced?
It depends on the facts. Courts follow guidelines for some situations, such as up to 25% for not wearing a seatbelt, but most reductions are agreed between the two sides based on the evidence and similar cases. If they can't agree, a judge decides.
What if I signed a waiver before the activity?
A business can't use a waiver or notice to exclude its liability for death or personal injury caused by its negligence. A waiver may still be relevant, for example to show you were warned about particular risks, so get advice before assuming it stops your claim.
Can I still claim on a No Win No Fee basis?
Yes. Being partly to blame doesn't stop you making a No Win No Fee claim. If your claim doesn't succeed, you don't pay our fees. See No Win No Fee explained.
Think you might be partly to blame?
Don't rule yourself out. Talk to our team for free, with no obligation, and we'll give you an honest view of whether you can claim and how shared blame could affect your compensation. Eligible claims are handled on a No Win No Fee basis.