Guides › Do I have to claim through my own insurer?
Not your
fault?
Do I have to claim through my own insurer?
The short answer
Usually not. After an accident that wasn’t your fault, you can normally claim directly against the at-fault driver’s insurer instead of claiming on your own policy. You should still tell your own insurer about the accident, because most policies require it, but telling them isn’t the same as making a claim.
What’s the difference between telling your insurer and claiming?
| Telling your insurer | Claiming on your policy | |
|---|---|---|
| What it means | Letting them know an accident happened | Asking them to pay for your repairs or other losses |
| Usually required? | Yes, under most policies | No, it’s usually your choice |
| Excess to pay? | No | Usually, until it’s recovered |
| Open claim on your policy? | No | Yes, until your insurer recovers its costs |
Your right to claim against the driver who caused the accident doesn’t depend on your own policy. It’s a claim against them, dealt with by their insurer.
Why claim directly against the at-fault insurer?
Claiming directly, rather than through your own policy, can mean:
- No excess to pay upfront, because your own policy isn’t being used
- Your no claims bonus isn’t put at risk by an open claim on your policy
- Losses your policy may not cover, such as a comparable replacement vehicle, can be claimed from the at-fault insurer
- Any injury claim can be dealt with alongside your vehicle claim
See how a non-fault accident affects your no claims bonus, and what a replacement vehicle involves.
When might claiming on your own policy make sense?
Sometimes using your own comprehensive cover is the quicker route, for example:
- The other driver’s insurer disputes fault and you need your car repaired in the meantime
- The other driver can’t be identified, or turns out to be uninsured
- You’d simply rather your own insurer handled everything
If you do claim on your policy, your insurer will usually try to recover what it paid from the at-fault driver’s insurer. You can then look to recover your excess and any other losses your policy didn’t cover. See how to get your excess back.
What should I tell my own insurer?
- The date, time and place of the accident
- The other driver’s name, registration number and insurance details, if you have them
- That you believe the accident wasn’t your fault
- Whether you’re claiming against the other driver’s insurer, and who is handling it
Make a note of who you spoke to and any reference number they give you.
Frequently asked questions
Will telling my insurer about the accident affect my premium?
Insurers usually ask about accidents when you renew, whoever was at fault. A non-fault accident where all your losses were recovered from the other side shouldn’t normally be treated as a fault claim, but insurers set their own pricing, so check with yours.
My insurer says I have to claim through them. Is that right?
Check your policy wording. Most policies require you to tell your insurer about an accident, but claiming directly against the driver who caused it is usually your choice.
Can I change route after starting a claim on my policy?
Sometimes, depending on how far the claim has gone. Speak to your insurer, and to whoever is handling your claim against the other driver, before you decide.
What if I was injured?
An injury claim is made against the at-fault driver’s insurer, not your own. Solicitors at NJS Law can look at it alongside your vehicle claim, usually on a No Win No Fee basis. See road accident injury claims.
Want to claim without using your policy?
Tell us what happened and we’ll explain your options, with no pressure and no obligation.
This guide provides general information for England and Wales only and is not legal advice. Every claim is different. Back on the Road UK is a trading style of NJS Law Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). Repairs and replacement vehicles may be provided by independent third-party companies.