Yes. In Scotland, being partly to blame for an accident does not stop you making a personal injury claim. If someone else was also at fault, you can still recover compensation, although the amount may be reduced to reflect your share of responsibility.
This is known as contributory negligence. This guide explains what it means and how it affects your compensation.
Key points
- Being partly at fault does not, on its own, prevent you from claiming compensation in Scotland.
- Under the Law Reform (Contributory Negligence) Act 1945, your compensation can be reduced to reflect your share of responsibility.
- The size of any reduction depends on the facts and the evidence.
- Being open with your solicitor about anything awkward helps them deal with it properly from the start.
What is contributory negligence?
Contributory negligence is where the injured person's own conduct helped cause the accident, or made the injury worse.
The Law Reform (Contributory Negligence) Act 1945 applies in Scotland. It allows compensation to be reduced to the extent the court thinks just and equitable, having regard to the injured person's share of responsibility. It does not stop the claim.
Can you still claim if you were partly at fault?
Yes, if another person or organisation was also at fault. The question is not whether you did anything wrong, but how much your actions contributed to the accident or to the severity of the injury.
For example, in a road traffic accident claim, another driver's negligence may have caused the collision, while your own conduct may also be relevant. A solicitor will look at all of the evidence before reaching a view on liability.
How does contributory negligence affect your compensation?
Where contributory negligence applies, your compensation is usually reduced rather than lost altogether. The reduction depends on the circumstances and on your share of responsibility.
So do not assume you have no claim just because you think you were partly to blame. The full value of the claim, and any reduction, need to be assessed from the facts. Our guide on how much compensation you can claim for a personal injury in Scotland explains how the full value is worked out before any reduction is applied.
Good to know: Saying sorry at the scene, or feeling that you should have been more careful, does not decide the question of fault. Liability is assessed on the evidence.
Which types of accident can involve contributory negligence?
It can arise in almost any type of personal injury claim. An accident at work, for example, may involve questions about the employer's responsibility for safety alongside the conduct of the injured employee.
The same issue can come up after a fall in a public place or an injury on someone else's premises. In each case, the solicitor will look at the link between your actions and the injury.
What evidence will a solicitor need?
Useful evidence includes photographs, accident records, medical records, correspondence and witness accounts, alongside your own account.
Our guide to the evidence you need to support a personal injury claim in Scotland explains what to gather and why.
Be open about awkward details
Tell your solicitor about anything that could affect liability, even if it feels unhelpful. Leaving out an awkward detail can cause real problems later if it comes out from another source.
What happens if the other side blames you?
The other party or their insurer may argue that you caused the accident, either wholly or in part. Your solicitor may need to gather further evidence before responding.
Many of these disagreements are settled through negotiation. If not, the court will decide on the evidence.
What should you do if you are unsure about your claim?
Get the medical care you need and keep any documents, photographs and messages about the accident. Do not jump to conclusions before the facts have been checked.
There is also a time limit: a court action must normally be raised within three years of the injury, so get advice early.
Worried you were partly to blame? Talk it through with a solicitor before you rule yourself out. Your first hour is free and claims are No Win, No Fee.
Book a free consultationHow can we help?
Stewart Gordon Thomson Law Firm advises on personal injury claims across Scotland. Our personal injury lawyers in Glasgow can assess what happened and tell you whether you may be able to claim, including where contributory negligence may be an issue.
If cost is a concern, our guide explains what a No Win, No Fee agreement is and what it actually costs you. The position in any individual case will depend on its own facts and evidence.
