What if the other driver says the accident was my fault?

Why do drivers deny fault after an accident?

It’s more common than you might think, and it doesn’t always mean the other driver is being dishonest. People remember a crash differently, especially when they’re shaken. Insurance policies also commonly ask drivers not to admit liability at the scene, so a driver may say nothing or deny fault simply to follow their policy terms.

Whatever the reason, what the other driver says at the roadside is only one piece of evidence. It isn’t the final word.

What happens when liability is disputed?

1. Your claim is notifiedYour claim is sent to the other driver’s insurer, with your account of what happened and any evidence you have.
2. Their insurer investigatesThey’ll take their driver’s account and look at the evidence. They may accept liability, deny it, or suggest that both drivers share the blame.
3. The evidence is comparedEach side sets out why it says the other driver caused the accident. Further evidence, such as witness statements or an engineer’s report on the damage, may be gathered.
4. NegotiationMany disputes are resolved at this stage once both sides have seen the evidence.
5. Court, if neededIf liability still can’t be agreed, court proceedings can be started and a judge decides who was responsible.

Every claim is different, and how long a dispute takes depends on how much evidence there is and how firmly each side holds its position.

What evidence helps show the other driver was at fault?

The stronger your evidence, the harder it is for a denial to stand. Useful evidence includes:

• Photos of the vehicles where they came to rest, the damage, road markings, signs and the wider scene
• Dashcam footage, saved and backed up as soon as possible
• Witness details: names and phone numbers of anyone who saw what happened
• CCTV from nearby shops, homes or buses. Ask quickly, as footage can be recorded over within days
• A police reference number, if the police attended or the accident was reported
• Your own notes, written as soon as possible, covering the time, weather, speed, lights and what was said
• The damage itself. Where each car was hit can show how the collision happened

Can I still get my car repaired while fault is disputed?

Usually, yes, but how depends on your situation. If the at-fault insurer won’t pay for repairs until liability is settled, one option is to claim on your own comprehensive policy and recover your costs later. That can mean paying your excess and having an open claim on your record until the money is recovered.

Whether a replacement vehicle can be provided while liability is disputed depends on the circumstances. We’ll explain your options, and any arrangement with the companies involved, before you agree to anything. Read more about whether you need to claim through your own insurer.

What if both drivers were partly to blame?

Sometimes the evidence shows both drivers contributed to the accident. That’s called split liability, and it doesn’t mean you can’t claim. It usually means the amount you recover is reduced in proportion to your share of the blame. Our guide to split liability claims explains how it works.

How long do I have to make a claim?

An injury claim generally has to be started within three years of the accident, and a vehicle damage claim usually within six. A dispute over fault doesn’t pause these time limits, so it’s best to act early while evidence is easy to get. See injury claim time limits for the exceptions.

Frequently asked questions