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.
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.
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What to do after a non-fault car accident
Everything in one place, from the scene of the accident to getting your money back.
- What counts as a non-fault accident
- What to do at the scene
- Do you need your own insurer?
- Getting your car repaired
- Replacement vehicles and credit hire
- If your car is written off
- If you've been injured
- Uninsured and untraced drivers
- How to get started
What to do at the scene of an accident
- 01
Stop and make it safe
You must stop after any accident. Put your hazard lights on and get everyone somewhere safe.
- 02
Call 999 if anyone is seriously hurt
Or if the vehicles are blocking the road dangerously.
- 03
Swap details
Exchange names, addresses, registrations and insurance details with the other driver.
- 04
Gather evidence
Photograph the vehicles, number plates, road layout and damage. Save any dashcam footage.
- 05
Find witnesses
Ask anyone who saw what happened for their name and phone number.
- 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.
Car repairs
Your vehicle repaired to its pre-accident condition, with the cost recovered from the at-fault insurer.
Car repairs →Replacement vehicle
A comparable car, van or bike while yours is off the road, provided on credit hire.
Courtesy car & credit hire →Car written off
A settlement that reflects your vehicle's value before the accident, plus your other losses.
Total loss claims →Injury claims
Hurt in the accident? Solicitors at NJS Law can look at an injury claim, usually on a no win no fee basis.
Injury claims →Uninsured losses
Your excess, recovery and storage, travel costs and lost earnings may all be recoverable.
Uninsured losses →Uninsured & hit-and-run drivers
If the other driver had no insurance or drove off, you may still be able to claim through the MIB.
Uninsured driver claims →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.