Apportionment

Apportionment is the process by which a court divides responsibility for an accident by percentage when more than one person’s fault contributed to it, including the injured person’s own conduct.

Under Section 12 of the Civil Law Act 1956, a court reduces the damages recoverable by the share of responsibility it finds against the claimant, rather than barring the claim altogether.^[1] This is central to any contributory negligence situation, such as riding without a helmet.

Courts decide the exact split on the specific facts and evidence of each case, so no fixed percentage applies across all accidents of a similar type.

For example, a rider found partly responsible for not wearing a helmet may still recover most of their claim, reduced by the court’s assessed share.

When an insurer argues that a large share of fault is yours, an independent lawyer can take the claim on and answer that argument with the evidence.