How non-fault claims work: what to do after an accident that wasn't your fault

From the scene of the accident to getting your money back, here's how a non-fault claim works and where we can help.

The short answer

When another driver causes an accident, their insurer is responsible for putting you back where you were before it happened. That usually means paying for your repairs or the value of a written-off vehicle, a replacement vehicle, your out-of-pocket costs and, if you were hurt, compensation for your injury.

Written by Jack Scott · Reviewed by [SOLICITOR NAME], NJS Law · Last reviewed [DATE]

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Watch the guide · approx. 10 minutes

What to do after a non-fault car accident

Everything in one place, from the scene of the accident to getting your money back.

  1. What counts as a non-fault accident
  2. What to do at the scene
  3. Do you need your own insurer?
  4. Getting your car repaired
  5. Replacement vehicles and credit hire
  6. If your car is written off
  7. If you've been injured
  8. Uninsured and untraced drivers
  9. How to get started
[PILLAR VIDEO – add YouTube embed when published]

What to do at the scene of an accident

  1. 01

    Stop and make it safe

    You must stop after any accident. Put your hazard lights on and get everyone somewhere safe.

  2. 02

    Call 999 if anyone is seriously hurt

    Or if the vehicles are blocking the road dangerously.

  3. 03

    Swap details

    Exchange names, addresses, registrations and insurance details with the other driver.

  4. 04

    Gather evidence

    Photograph the vehicles, number plates, road layout and damage. Save any dashcam footage.

  5. 05

    Find witnesses

    Ask anyone who saw what happened for their name and phone number.

  6. 06

    Don't admit fault

    Stick to the facts. If you couldn't swap details, report it to the police within 24 hours.

Do I need to go through my own insurer?

No. You should tell your insurer about the accident, but you don't have to claim on your policy. Here's the difference.

Claiming on your own policy

  • You usually pay your excess first
  • Your no-claims bonus may be on hold
  • Repairs at your insurer's approved garage
  • A small courtesy car, if your policy includes one

Claiming from the at-fault insurer

  • No excess to pay in most cases
  • No-claims bonus not normally affected
  • Your choice of repairer
  • A comparable replacement vehicle where you need one

How we can help after a non-fault accident

One team for the car, the costs and, if you were hurt, the injury claim. Choose what you need help with.

How to get started

Tell us what happened online or by phone. It helps to have these to hand, but don't worry if you don't have everything.

  • The date, time and place of the accident
  • The other driver's details and registration
  • Your own insurance details
  • Photos or dashcam footage
  • Witness details
  • Any police reference number

Time limits apply. You usually have three years to start an injury claim and six years for vehicle damage, but it's best to act quickly while evidence is fresh.

Non-fault claim FAQs

What is a non-fault accident?

A non-fault accident is one where another road user was wholly to blame, such as being hit from behind, hit while parked or hit by a driver pulling out of a junction.

Do I have to claim through my own insurer after a non-fault accident?

No. You should tell your insurer about the accident, but you can claim directly from the at-fault driver's insurer instead of claiming on your own policy.

Will a non-fault accident affect my no-claims bonus?

If all your losses are recovered from the at-fault driver's insurer, your no-claims bonus shouldn't normally be affected. Insurers can treat accidents differently at renewal, so it's worth checking your policy.

Who pays for my repairs after a non-fault accident?

The at-fault driver's insurer is responsible for the reasonable cost of repairing your vehicle to its pre-accident condition.

Can I get a replacement car after a non-fault accident?

If you reasonably need a vehicle, a comparable replacement may be provided on credit hire, with the charges claimed from the at-fault insurer.

What if my car is written off?

You're entitled to its pre-accident market value plus your other losses, and you don't have to accept the first valuation offered.

What if the other driver had no insurance or drove off?

You may still be able to claim through the Motor Insurers' Bureau, which deals with accidents involving uninsured and untraced drivers.

How long do I have to make a non-fault claim?

You usually have three years from the accident to start an injury claim and six years for vehicle damage and other financial losses.

Had an accident that wasn't your fault? We'll get you back on the road

Tell us what happened and we'll explain your options. There's no obligation to go ahead.

Every claim is different. Repairs and replacement vehicles are provided by independent companies we work with, and we'll tell you about any arrangement with them before you agree to anything.