Skip to content
CT
CLAIMTALKThe claimant comes first
Home FAQ About
ClaimTalk
Guidance Start Here When the OIC process applies What happens when you make a claim Claim Timeline When things don't go to plan FAQ Stages Claim Submitted Liability Decision Medical Report Stage Offer Stage Post-Offer Stage Tools Check Where I Stand Tariff Calculator Compensation Tariff Decisions Do I Need a Solicitor? Solicitor Fees Explained Is This Site Actually Free? Problems With Your Claim
Liability stage — England and Wales

Partial responsibility has been stated.
This is how the proportion is applied.

The insurer has responded with a partial admission. A proportion of responsibility is attributed to each party. The percentage stated is applied when the settlement figure is calculated.

Independent guidance. Not affiliated with the OIC portal, the Motor Insurers' Bureau or any government body.
What a partial admission means

A partial admission acknowledges that the insurer's policyholder bears some responsibility — but attributes a proportion of responsibility to the claimant. The percentage stated in the response is applied to the settlement figure when an offer is made.

The proportion is the insurer's stated position. The claim proceeds on the basis of the admitted proportion. The process allows a response to the stated proportion.

The steps below explain what the percentage means and how it is applied within the OIC process.

Contributory negligence — how the proportion is applied 1 of 5

Partial responsibility has been stated.
The insurer has responded with a partial admission.

The insurer has acknowledged that their policyholder bears some responsibility — but attributes a proportion of responsibility to the claimant. Both proportions are stated in the response.

Liability response — partial admission
Responsibility shared
A proportion is attributed to each party
Percentage stated · Applied at settlement

The proportion stated is the insurer's position. The claim proceeds on the basis of the admitted proportion.

Responsibility is expressed
as a percentage.

Contributory negligence is the principle that applies when responsibility for an accident is shared between the parties. The proportion is stated as a percentage — for example, 75% / 25%.

→
The claim is not assessed as the full responsibility of one party. Each party is assigned a proportion of responsibility.
→
A percentage is assigned to reflect how responsibility is shared. The two proportions together account for 100% of responsibility.
→
Both proportions are stated in the liability response. The insurer's response records the split that is being applied to the claim.

The percentage is applied
to the settlement value.

The claim is first assessed in full. The percentage is then applied to that figure.

1
The full value of the claim is established — the injury tariff figure and any financial losses assessed together.
2
The proportion attributed to the claimant is applied to that total. This produces the final amount.
3
A 25% attribution results in a 25% reduction in the final figure. The reduction is proportional to the stated percentage.
The reduction is applied after the full value of the claim is established.

The percentage reflects
the insurer's stated position.

The proportion stated is the insurer's assessment of how responsibility is shared.

→
It is based on available evidence and the insurer's account of how the incident occurred.
→
It is a stated position — not a final determination. The proportion has been assessed by the insurer; it has not been determined by the court.
→
The process allows a response to the stated proportion. The liability decision page covers the full context of how a partial admission sits within the liability response stage.

The liability decision page covers the full context of how a partial admission sits within the liability response stage.

The percentage is applied
when an offer is made.

Where liability is partially admitted, the offer stage reflects the stated proportion.

→
The offer is calculated on the full assessed figure. The proportion stated in the liability response is then applied to produce the final amount.
→
The offer stage explains how the final figure is presented and what the process allows in response to it.

The proportion is applied at settlement. The offer stage is where the final figure — after the percentage is applied — is presented.

What comes next
The offer stage → How the settlement offer is presented and what the process allows in response — including how the stated proportion affects the final figure. ← The liability decision What the liability response means — full admission, partial admission, and denial — and how each path continues. If the proportion is disputed → What the process provides when the stated proportion is contested — escalation routes and what each provides.
01

How the calculation works

The proportion is applied to the total — not separately to each element.

The contributory negligence percentage is applied to the total agreed settlement — the injury tariff figure and any financial losses combined. A 25% attribution on a settlement of £2,000 produces a final figure of £1,500. The reduction is applied after the full value is established — the claim is assessed in full first.

The offer stage explains how the total figure is presented and what the stated proportion means for the amount received.

Last reviewed: 10 April 2026

Please note

ClaimTalk provides general guidance only and not legal advice. Not affiliated with the Official Injury Claim portal or any government body.

ClaimTalk cannot respond to questions about individual claims. If you need advice specific to your situation, a regulated solicitor is the appropriate route.

© 2026 ClaimTalk — Independent guidance. Not a law firm.Privacy PolicyTerms