Can I seek compensation if I was partially at fault for the accident?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I seek compensation if I was partially at fault for the accident?

    Yes, you may still be able to seek compensation for a car accident even if you were partially at fault. The ability to claim compensation will depend on the extent of your fault and the laws of contributory negligence that apply in your case.

    Contributory negligence is a legal concept that comes into play when multiple parties are found to have contributed to an accident or the resulting injuries. In the UK, the concept of contributory negligence is governed by the Law Reform (Contributory Negligence) Act 1945.

    According to this law, if you were partially at fault for the accident, it does not necessarily prevent you from seeking compensation. However, the amount of compensation you are entitled to may be reduced to reflect your share of responsibility for the accident.

    When determining compensation in cases of contributory negligence, the courts will assess the extent of each party’s contribution to the accident and their resulting injuries. The compensation awarded is then adjusted based on the percentage of fault attributed to each party.

    For example, if the court determines that you were 20% at fault for the accident, your compensation amount may be reduced by 20% to account for your contribution to the incident.

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