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What happens after a non-fault accident?
The short answerAfter an accident that wasn't your fault, the other driver's insurer should pay to put things right. You'll report the accident, your vehicle will be inspected and then either repaired or valued as a write-off, and you can usually have a replacement vehicle while yours is off the road. If you were hurt, a separate injury claim runs alongside.
Last reviewed October 2026
Your route after the accident
- At the sceneStay safe, swap details, gather evidence
- The same dayTell your insurer and start your claim
- The first few daysVehicle inspected, replacement arranged if needed
- The following weeksRepairs or write-off settled, injury assessed
- The finish lineBack on the road
What should I do at the scene?
The first few minutes matter most. If it's safe to do so, focus on three things:
Stay safe
Stop, switch on your hazard lights, and move somewhere safe. Call 999 if anyone is hurt or the road is blocked.
Swap details
Get the other driver's name, address, phone number, registration and insurance details. If they won't give them, report the accident to the police within 24 hours.
Gather evidence
Take photos of the vehicles, the road and any injuries. Note witnesses' contact details and save any dashcam footage.
Don't admit fault or argue about who was to blame at the scene. Just stick to the facts.
Who should I call first?
You should always tell your own insurer about the accident, because most policies require it. But reporting the accident isn't the same as claiming on your policy. When the accident wasn't your fault, you have a choice about how your claim is handled.
Claim through your own insurer
Your insurer arranges repairs under your policy and then tries to recover its costs from the other driver's insurer. You may have to pay your excess first, and depending on your cover, you may not get a replacement vehicle.
Use a non-fault claims service
A service like Back on the Road UK claims directly from the at-fault driver's insurer, so your own policy is left out of it. That can include:
- Arranging your repairs
- A replacement vehicle while yours is off the road
- Recovering your other losses
Whichever you choose, tell your insurer the accident wasn't your fault, and let them know who is handling your claim.
We can arrange your repairs and a hire car for you today.
Thanks. I'd like to think about who handles my claim first.
What if the other driver's insurer contacts me?
The at-fault driver's insurer may call you directly, sometimes within hours of the accident, offering to arrange your repairs or a replacement vehicle. This is allowed, but you don't have to accept.
- You can choose who handles your claim
- You don't have to agree to anything on the first call
- You don't have to accept an early offer for an injury
For whiplash injuries, the law doesn't allow insurers to settle a claim before there's medical evidence, which helps protect you from settling before you know how badly you're hurt.
What happens to my car after a non-fault accident?
An engineer inspects your vehicle to work out whether it's worth repairing. There are two possible outcomes:
Your vehicle is fixed
Your vehicle is repaired, and the cost is claimed back from the at-fault driver's insurer.
You're paid its value
If repairs would cost more than the vehicle is worth, or it isn't safe to repair, it's written off. You're paid its market value immediately before the accident, not what you originally paid for it.
What do the write-off categories mean?
So badly damaged that the whole vehicle must be crushed. No parts can be reused.
The body shell must be crushed, but some parts can be salvaged.
Can be repaired and go back on the road, once it has been re-registered with the DVLA.
Can be repaired and used again.
If your vehicle is Category S or N, you may be able to keep it, with its salvage value taken off the amount you're paid.
Can I get a replacement vehicle?
Usually, yes. If you need a vehicle while yours is being repaired or replaced, a comparable replacement can normally be claimed from the at-fault driver's insurer.
You're expected to use it only for as long as reasonably necessary, for example until your repairs are finished or you've been paid for a write-off.
- What you use your vehicle for day to day
- Whether you need it for work
- If you need extra seats, a tow bar or an automatic
- Whether anyone else in your household can lend you a car
What happens if I was injured?
Get checked by your GP, a walk-in centre or A&E, even if your injury seems minor. Some injuries, such as whiplash, can take hours or days to show, and a medical record helps your claim.
Your injury claim runs alongside the vehicle claim, and it's handled by the solicitors at NJS Law. Your solicitor arranges an independent medical examination, then values your claim, including any lost earnings and treatment costs.
How road traffic accident claims work · Claiming lost earnings
What if the other driver says it was my fault?
Sometimes the other driver gives their insurer a different account of what happened. Your claim can still go ahead, but it may take longer while the insurers look at the evidence.
If it turns out both drivers were partly to blame, responsibility may be split, and what you can recover will be reduced to reflect your share.
If the other driver had no insurance or drove off, you may be able to claim through the Motor Insurers' Bureau instead.
- Photos
- Dashcam footage
- Witness details
- Police reference
- Your own notes
What else can I get back?
On top of your repairs or write-off payment, you can usually recover other costs the accident caused, as long as you keep the receipts:
- Your policy excess
- Recovery and storage
- Extra travel costs
- Damaged items in the car
- Child seats
- Lost earnings
Will it affect my no-claims bonus?
If all your costs are recovered from the at-fault driver's insurer, a non-fault accident shouldn't normally affect your no-claims bonus.
Your insurer can still take any accident into account at renewal, so it's worth checking your policy.
How long until I'm back on the road?
It depends on how quickly the other insurer accepts responsibility, how long repairs take, and whether parts are available.
A replacement vehicle can keep you mobile in the meantime, so the wait doesn't have to leave you stranded.
How Back on the Road UK can help
Back on the Road UK is a trading style of NJS Law Limited, a firm of solicitors regulated by the Solicitors Regulation Authority. If you've had an accident that wasn't your fault, we can deal with the other driver's insurer, arrange your repairs and a replacement vehicle, and recover your losses. If you were hurt, the solicitors at NJS Law can handle your injury claim on a No Win No Fee basis.
The sooner you call, the sooner we can start.Call us free on 0800 820 3860 or send us your details online.
Frequently asked questions
Do I have to tell my insurer about a non-fault accident?
Yes. Most policies require you to report any accident promptly, even if it wasn't your fault and you don't plan to claim on your own policy.
Do I have to let the other driver's insurer handle my repairs?
No. You can choose who handles your claim. You don't have to accept an offer from the other driver's insurer to arrange your repairs or a replacement vehicle.
Will a non-fault accident affect my no-claims bonus?
If all your costs are recovered from the at-fault driver's insurer, it shouldn't normally affect your no-claims bonus. Your insurer can still take the accident into account at renewal, so check your policy.
What if I don't feel hurt straight after the accident?
Some injuries, such as whiplash, can take hours or days to show. See your GP if you develop symptoms later. You can still make an injury claim, usually within three years of the accident.
What if the other driver says the accident was my fault?
Your claim can still go ahead, but it may take longer while the insurers look at the evidence. Photos, dashcam footage and witness details help show what really happened.
How quickly should I act after a non-fault accident?
As soon as you can. Evidence is easier to gather early, and the sooner your claim starts, the sooner your vehicle can be sorted.
Back on the Road UK is a trading name of NJS Law Limited, registered in England and Wales, company number 15170704. NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority, SRA number 8006550. This guide gives general information for England and Wales only and does not constitute legal advice.