Car Insurance Guide

Car insurance 50/50 settlements and split-fault claims

Written by Chloe Adams Managing Editor Reviewed by Nomsa Dlamini RE5 qualified · 12 years in short-term insurance Updated 28 July 2026 Our editorial standards →

What is a 50/50 settlement in a car insurance claim?

A 50/50 settlement is when the two insurers involved in an accident agree that fault can't be clearly pinned on one driver, so each insurer carries half of the loss. In practice each side usually repairs its own client's car and you still pay your excess, though a genuinely no-fault outcome may let you recover it. It's common when accounts of the accident conflict and there's no clear evidence either way.

Key takeaways

A 50/50 settlement means insurers split liability equally because fault is unclear or disputed.
You normally still pay your excess up front, even in a 50/50 outcome.
A 50/50 result can affect your no-claim bonus, because it isn't recorded as a clean no-fault claim.
Evidence - photos, a dashcam, witness details and a SAPS accident report - is what moves a claim away from 50/50.
You can dispute a 50/50 finding with your insurer and, if unresolved, escalate to the National Financial Ombud.

What a 50/50 settlement actually means

When two insured cars are involved in a collision, each insurer investigates and decides who was at fault. If the evidence is unclear or the drivers' accounts flatly contradict each other, the insurers may agree to a 50/50 split - each accepts half the responsibility rather than fighting an unwinnable liability battle. In most cases each insurer then settles its own client's damage (a “knock-for-knock” approach), and neither recovers the full cost from the other.

When does a 50/50 happen?

Split-fault outcomes are most common when there is no independent evidence and both drivers blame each other - for example at an uncontrolled intersection, during a lane change, in a car-park bump, or where both may have contributed. Without a dashcam, photos, an independent witness or a clear SAPS accident report, an insurer often can't prove the other driver was solely to blame, so a 50/50 becomes the pragmatic result.

How it affects your excess and no-claim bonus

In a 50/50 settlement you generally still pay your excess when you claim for your own car's repairs. Because the claim isn't recorded as a clean no-fault event, it can also affect your no-claim bonus - unlike a claim where the other party is found fully liable and your insurer recovers costs (and often refunds your excess). If you believe you were genuinely not at fault, that distinction is worth fighting for. See who pays the excess when you're not at fault.

Knock-for-knock agreements

Many South African insurers operate informal “knock-for-knock” arrangements: rather than pursue each other for costs on hard-to-prove claims, each simply covers its own policyholder. This keeps claims moving and legal costs down, but it means a disputed accident can settle 50/50 even if you feel the other driver was mostly to blame. Knowing this is why solid evidence matters so much.

How to avoid or dispute a 50/50 finding

Gather evidence at the scene - photograph the vehicles, positions, road markings, damage and the other car's details.
Don't admit liability - stick to the facts; admitting fault at the scene can undermine your claim.
Get witness details and note anything that shows the other driver's fault.
Report to the SAPS within 24 hours and get an accident report number.
Fit a dashcam - footage is often the single thing that turns a 50/50 into a clear win.

If your insurer settles 50/50 and you disagree, ask for the reasons in writing, submit your evidence and request a review. If it stays unresolved after the insurer's internal process, you can escalate free of charge to the National Financial Ombud (NFO).

Frequently asked questions

Do I pay my excess in a 50/50 settlement?

Usually yes. In a 50/50 outcome each insurer tends to repair its own client's car, so you pay your excess towards your own repairs. Your excess is only likely to be refunded if the other party is later found liable and your insurer recovers the costs.

Does a 50/50 claim affect my no-claim bonus?

It can. A 50/50 settlement isn't treated as a clean no-fault claim, so it may reduce or reset your no-claim bonus, unlike a claim where the other driver is held fully liable. If you have strong evidence you weren't at fault, it's worth disputing the split.

Why did my insurer settle 50/50 when it wasn't my fault?

Insurers settle 50/50 when they can't prove who was at fault - typically because accounts conflict and there's no independent evidence. Without photos, a dashcam, a witness or a SAPS report, proving the other driver was solely to blame is difficult, so a split becomes the practical outcome.

Can I dispute a 50/50 decision?

Yes. Ask your insurer for its reasons in writing, submit any evidence (photos, dashcam footage, witness statements, the SAPS report) and request a formal review. If it remains unresolved after the insurer's internal complaints process, you can escalate free of charge to the National Financial Ombud.

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