Can I Claim For a Car Accident That Was Partly My Fault?

The short answer is “YES”. You can claim even if you were partly at fault for the accident.

However, it does depend on the circumstances of the accident and each car accident can differ. A recent case that we were able to help with involved a lady who was driving in a supermarket car park. She pulled out of the parking space at the same time as another driver was doing the exact same thing. Both cars collided with each other. The other driver immediately got out of her vehicle and started blaming our client for the accident, saying it was all her fault. Our client was naturally very distressed by this, having felt that she had done nothing wrong and was upset.

Our client then received a letter of claim from the other driver’s solicitor blaming her for the accident and claiming for compensation and for the damage to her vehicle.

We were able to obtain CCTV footage of the accident which clearly showed that both parties were reversing at the same time and they were therefore equally at fault for the accident. Our client then instructed us to make a claim on her behalf for compensation and for the damage to her car. We sent the CCTV footage through to the insurance company of the other driver who immediately accepted that it was a 50/50 accident having seen the CCTV footage.

We obtained a medical report for our client who had sustained whiplash injuries and we were able to negotiate settlement for her compensation claim.

In a claim like this it is important to understand how compensation is calculated. This is what is called a contributory negligence case where our client is 50% at fault for the accident and all parties involved accept that.

Settlement Compensation

Our client’s medical report put her injuries valued at around £5,000 for compensation settlement. Because the accident was agreed as a 50/50 liability split which means that both parties are equally at fault for the accident, our client was compensated half of that figure of £5,000 so she received £2,500 for her injuries.

This is a good example of how a claim involving contributory negligence can proceed and how the compensation settlement is resolved.

There are many people who are involved in accidents who are blamed by the other driver for being at fault and they then start to believe that they are fault. Thankfully in this case we were able to obtain the CCTV footage which clearly showed that it was not all our client’s fault and she was therefore able to make a successful compensation claim.

If you are in an accident and you are not sure whether you are at fault or not, or you just want to speak to a solicitor and get some legal advice then call us for free, and we will be happy to talk to you about the accident and about the circumstances of the accident.

Whether you can claim or not for a car accident that was partly your fault depends on the circumstances of the accident. When we speak to you and discuss with you what happened. We will then have a very good idea of whether you will be able to make a claim or not. It is therefore a good idea to call us free of charge and speak to us about what your options are.

In this particular incident our client was not sure whether she was at fault or not, but when she received the letter from the other driver’s solicitor she then decided that she had to get legal advice and we were happy to be able to help her.

Different Types Of Car Accidents

There are so many different types of accidents that can occur on the road. In each set of circumstances the person at fault can differ.

1. Accidents On A Roundabout

An accident on a roundabout where one vehicle has entered the lane of another car causing the accident, can be very difficult to determine who has caused the accident unless there is an independent witness or CCTV footage of the accident.

Both drivers can blame themselves and often those types of accidents can resolve on a 50/50 basis, just like the case mentioned above.

If you have been involved in an accident on a roundabout then give us a call for some advice and we can talk you through what your options are. This is free of charge.

2. Accidents At Filter Lights

Another example of a car accident where there can be disputes is where lights are turning red and someone goes through the lights or there is a filter lane where a person is turning across a junction and waiting for the filter light to come on. That driver can sometimes go ahead to make their turn through the junction having seen a green light, but the filter light may not be on. In their mind they think that they have done everything right and they have proceeded because they have seen a green light, whereas in fact the filter light is not on and they are therefore entirely at fault.

3. Accidents On Dual Carriageways Whilst Overtaking

Accidents often occur as well on dual carriageways where overtaking occurs. One vehicle might be overtaking another one and they are not seen in the cars “blind spot”, and that car then pulls out to also overtake and an accident happens.

All sorts of situations can arise there as to whether or not indicators were used, or whether were mirrors properly checked before they pulled out.

As you can see there are a huge variety of different circumstances which can cause car accidents. After an accident you can be very upset and distressed and you can often be confused and unsure as to whether you may be at fault or not.

It is therefore very helpful to speak to experienced car accident solicitors who can give you advice and put you on the right tracks.

We have helped many people who have been in car accidents who are partly at fault and have helped them to claim for compensation and also for the damage to their car. This has been done free of charge where the legal costs and any other outlay have been paid in full by the “at fault” driver’s insurance company.

Our client who was involved in the accident in the car park as mentioned above, successfully claimed and there were no costs or charges to her and she was able to obtain £2,500 in compensation free of charge and without any cost to her. Our costs were paid entirely by the insurance company.

There are some circumstances where if you are involved in a car accident where you have driven into the rear of another car, there are some circumstances in which you may be not entirely at fault. This can be because the car in front is driving carelessly or performs an emergency stop in unnecessary circumstances and stops very very quickly. You have no way of stopping your car before impacting into the rear of their car. Again, these depend on the circumstances of the accident and whether you have witnesses. We can help you with deciding what your best course of action is in these circumstances.

We want to be able to help you after a car accident and provide good advice so that you know where you stand, you can also know that in speaking to us you are not going to be charged for that advice.

Contact Us

If you have been in an accident and you have questions or you just want some advice, give us a call now and we can help you. Call us on 028 71 229 343, or email us on info@mcgeeokanelaw.co.uk to arrange a free consultation or make a Free Online Enquiry.

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Northern Ireland
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Client Reviews:-

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"Couldn’t recommend McGee O’Kane Solicitors enough, they are very friendly & informative. You’ll get 100% honesty and your case will be dealt with efficiently no matter day or night they are easily contacted and couldn’t do enough to help. Excellent service wouldn’t go anywhere else." Friendly Solicitors Derry

August 17, 2018

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