Non-Fault Accident: What To Do and Who Pays

What counts as a non-fault accident?

A non-fault accident is one where another driver was responsible for the collision. It does not mean there are no arguments about what happened. It means that when the facts are assessed, you were not the cause.

The term matters because it determines who pays. If the accident was not your fault, the other driver’s insurer is liable for your losses. You do not have to go through your own policy.

Common non-fault situations

You were hit from behind: rear-end collisions
You were parked or stationary: someone hit my parked car
They pulled out or changed lanes into you: side-impact collisions

What to do right now

The steps you take in the first few minutes affect what you can claim and how straightforward the process is.

1. Get their details
Name, registration number and insurer if they have it to hand. Photograph their car and the scene if it is safe to do so.
2. Don’t admit fault
Even if the situation seems clear, do not say anything that could be taken as accepting responsibility. Let the facts be gathered first.
3. Call us before your insurer
Before you notify your insurer, call us. We can tell you on that first call whether your situation qualifies for the non-fault route.
4. Tell your insurer it happened
Your policy requires you to notify your insurer when an accident occurs. That is a notification, not a claim. If you come through us, nothing goes on your policy.

The full guide to what to do after a car accident.

Who pays after a non-fault accident

When another driver causes an accident, they are liable for your losses. Their insurer stands behind that liability. You can recover the cost of repairs, a replacement vehicle, and other reasonable out-of-pocket expenses from them directly, without your own policy being involved.

The at-fault driver’s insurer may contact you quickly after the accident. You are not obliged to deal with them. If you have already called us, tell them we are handling it.

The short version

Someone hit you. Their insurer has to put it right, not yours. How a third party insurance claim works.

What happens to your excess, no-claims and premium

If we handle the claim as a non-fault case, nothing goes through your own policy. Your excess is not triggered. Your no-claims record is not affected.

Whether a non-fault accident affects your renewal premium is a question that depends on your insurer and your policy terms with them.

A car while yours is fixed

While your car is off the road after a non-fault accident, you are entitled to a replacement vehicle. Through us, that is a like-for-like car delivered to your address. The cost is recovered from the at-fault driver’s insurer.

When this route applies

This route works when fault is clear and the other driver is insured, which covers most road traffic accidents. If yours is different, we will tell you on the first call.

How it costs you nothing

We recover our costs from the at-fault driver’s insurer, which is why the claim costs you nothing. That applies where another driver was at fault and holds valid motor insurance, which covers most road traffic accidents. If they refuse to accept fault, we argue it for you. We check yours on the first call and tell you where you stand before you sign anything.

Frequently asked questions

Do I have to pay my excess if the accident wasn’t my fault?

If we handle the claim through the at-fault driver’s insurer, your excess is not triggered. Nothing goes through your own policy. If you were to claim on your own policy instead, you would pay your excess upfront and your insurer would then pursue the at-fault insurer to recover it, a process that can take time.

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

If the claim is handled through the at-fault driver’s insurer and nothing goes through your own policy, your no-claims record is not affected. Whether you are required to disclose the accident to your insurer, and what effect that has on your renewal, depends on your insurer and your policy terms.

The other driver’s insurer has rung me, what do I do?

You are not obliged to discuss the claim with them. Their job is to settle the matter at the lowest cost to their policyholder, not to protect your position. If you have already spoken to us, tell them we are handling it. If you have not yet called us, do that before agreeing to anything.

What if the other driver was uninsured?

If the other driver was uninsured or left the scene, the standard non-fault route is not available. There is a separate process through the Motor Insurers’ Bureau. Call us and we will tell you what applies.

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Non-fault accident: what to do, and who pays

If someone else caused the accident, their insurer is responsible for your losses, not yours. You can get your car repaired, a replacement vehicle while it is off the road, and any out-of-pocket costs covered, without paying an excess or making a claim on your own policy.