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Can I make a claim if I was partly at fault?
Yes, in many cases you can still make a claim even if you were partly responsible for the accident or incident. In the UK, this is known as “contributory negligence”. It means your compensation may be reduced to reflect your share of the blame.
For example, if you were injured in a road accident and were not wearing a seatbelt, or if you were walking while distracted, your claim may still be valid. The key question is whether someone else also owed you a duty of care and failed to meet it.
How contributory negligence works
When a claim is assessed, a court or insurer looks at what each party did and how much each person contributed to the accident. If you were partly at fault, your compensation is usually reduced by a percentage. That reduction can vary depending on the facts.
If you were found to be 25% responsible, for instance, you would normally receive 75% of the total compensation awarded. This does not stop you from claiming altogether. It simply affects the amount you can recover.
Examples of partial fault
Partial fault can arise in many situations. A driver may have been speeding, but the injured person may also have pulled out without looking properly. In a workplace accident, an employer may have failed to provide proper safety equipment, while the worker may have ignored an instruction.
In public place accidents, a business may be liable for a wet floor, but a claimant may also have been running in an unsafe area. These cases are often decided by looking at all the circumstances, not just one person’s actions.
Will partial fault stop me getting compensation?
Not necessarily. Even if you made a mistake, you may still have a strong claim if another party was negligent. What matters is whether their actions caused or contributed to your injury or loss.
In some cases, the other side may argue that you were mostly or entirely responsible. If that happens, evidence becomes very important. Photos, witness details, medical records, dashcam footage, and accident reports can all help support your version of events.
What should I do next?
If you think you may have been partly at fault, it is still worth getting legal advice. A solicitor can assess the facts and explain how contributory negligence might affect your claim. They can also help you understand the likely value of any compensation.
Try to collect as much evidence as possible as soon as you can. Even if you are unsure who was to blame, do not assume you have no case. Many claims in the UK involve shared responsibility, and you may still be entitled to compensation.
Frequently Asked Questions
Yes, in many cases you can still make a claim even if you were partly at fault. The amount you recover may be reduced to reflect your share of responsibility.
Being partly at fault means you contributed to the accident or loss in some way, even if another party was also responsible.
Not necessarily. Many claims can still proceed, but your compensation may be reduced according to your level of fault.
Fault is usually divided based on the evidence, such as statements, photos, reports, and witness accounts. A decision is then made about each party's share of responsibility.
Yes, usually. If you are found partly responsible, your compensation is often reduced by the percentage of fault assigned to you.
Yes, you may still be able to claim if someone else also contributed to the damage. The final payout may be adjusted for your share of responsibility.
An insurer, claims handler, solicitor, court, or another dispute resolution process may decide fault based on the available evidence.
Photos, videos, witness details, police or incident reports, medical records, repair estimates, and any communication with the other party can all help.
Yes, if the other party also had some responsibility, you may be able to claim against them for their share of the loss.
Often it may, depending on your policy and the circumstances. However, your insurer may still take your share of fault into account.
It can still be worth making a claim, especially if the other party also contributed or if your policy provides cover in these situations.
Yes, many claims are settled on a split-liability basis without either side admitting complete responsibility.
You can challenge that position with evidence. Fault is not always decided by one party's version of events.
Not exactly, but they can be related. Partial fault often means your actions contributed to the incident, which may be considered negligence in some cases.
Yes, in many situations you still can. Any compensation may be reduced to account for your contribution to the accident.
The reduction depends on the percentage of fault assigned to you. For example, if you are found 25% at fault, your award may be reduced by 25%.
Yes, you should give a clear and honest account of what happened. Accurate information helps your insurer assess the claim properly.
Maybe, depending on what you signed and the facts of the case. A signed statement does not always prevent a claim if the other side was also responsible.
You do not always need one, but legal advice can help if fault is disputed or if the claim is complex.
Gather evidence, report the incident if needed, and speak to your insurer or a legal professional as soon as possible.
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