No blame, no claim: Can I claim for my accident?

08 Jun 2026

When you’ve been involved in an accident, you may ask yourself whether you can make a claim for compensation. Suffering an injury does not automatically entitle you to compensation.

In most cases, your ability to claim depends on proving liability; in other words, showing that someone else was at fault for the accident.

Understanding liability

To successfully claim compensation for an accident, you need to establish that another party was responsible. This involves proving that:

The other party owed you a duty of care. For example, a driver owes a duty of care to other road users, or an employer owes a duty of care to their employees.
The other party breached that duty of care; they acted negligently or failed to take reasonable steps to prevent harm.
Their breach of duty caused your injury.

Without evidence of fault or negligence, it is unlikely that a claim will succeed.

What if you were partly to blame?

Accidents are not always straightforward.

Contributory negligence occurs when the injured person is found to have contributed to their own accident or injuries through their actions or lack of care.

For example:

If you were injured in a car accident but were not wearing a seatbelt, your compensation may be reduced if it was found that failing to wear a seatbelt contributed to the severity of your injuries.
If you slipped on a wet floor in a shop but ignored a visible warning sign, you may be deemed partly responsible for the accident.

How does contributory negligence affect a claim?

When contributory negligence is established, the compensation you receive will be reduced to reflect your share of responsibility. For example, if you are found to be 25% at fault for the accident, your compensation is likely to be reduced by 25%. This ensures that liability is apportioned fairly between the parties involved.

Limitation

There are strict time limits for making a claim.

In most personal injury claims if your case cannot be settled then it may be necessary to start court proceedings, and these must be started within three years of the date of your accident failing which you may lose your opportunity to recover compensation for the injury and financial losses you suffered as a result of your accident.

Thinking about making a claim?

Every case is different, and understanding whether you have a strong claim can be complex. If you’ve been injured in an accident and want to know where you stand, our specialist personal injury team can guide you through your options and help you take the next step with confidence.