Been in an accident that wasn't your fault and wondering what to do next? We get it—the process can feel stressful, but we're here to lend a helping hand. Below, we'll take a look at everything you need to know about dealing with non-fault claims, including how they can affect your insurance. Let's jump in!
What is a non-fault claim?
A non-fault claim happens when you've been involved in an accident, but it wasn't your fault.
In this case, the other driver or their insurance company is held responsible for covering the costs. This can include damages to your vehicle, any injuries you have, or any losses that you've experienced as a result of the accident.
Keep in mind—this is different to an 'at-fault' claim, which is when you're held liable. Sometimes, you can be involved in a car accident that wasn't your fault and still be held liable.
Wondering how? It can happen if there's an at-fault party that can't be identified. For example, if another driver caused the accident you had, but they sped off before you were able to get their details.
How do I know if an accident was my fault?
Figuring out if you were at fault in an accident can be tricky sometimes. There's a few key things to consider:
- Were you following the rules of the road? If the accident happened because you didn't stick to the law, like running a red light, you might be at fault.
- Did the other driver behave recklessly? If someone hit you from behind, changed lanes without looking, or didn't follow traffic rules. In these types of instances, the other driver is likely at fault.
- Were there any witnesses or evidence? Dashcam footage, photos of the scene or eyewitness statements can often help clarify what's happened. It's important to share these so your insurer can accurately decide who's liable.
When you report the accident, insurance providers will investigate and decide who's responsible. They're there to help and come to a decision on whether your claim is non-fault or at-fault.
Keep in mind—if you don't agree with the decision, you have a legal right to contest.
You can make a formal complaint using your insurance provider's complaints process. You should be able to find more information on how to do this via your provider's website, or in your insurance policy wording.
If you're still unhappy with the decision after doing this, you also have the option to raise your complaint to the Financial Ombudsman Service (FOS). It's free to use this service, but you'll need to have an official decision letter from your provider for the FOS to investigate.
Do I need to declare a non-fault accident?
Yes, you have to declare all accidents you've been involved in to your insurer.
This is the case even if you're not to blame, and regardless of whether you had to claim. Plus, the majority of insurance companies have a clause that requires you to declare all incidents you've been in during the past 5 years. Just note—the timeframe for this can vary between providers, so make sure to check what yours is.
If you don't declare an accident and your insurance provider finds out, they could view it as a 'non-disclosure'. In turn, this could lead to your insurance policy becoming invalidated. So, to avoid any issues like this, it's best to just be honest with your provider.
Does a non-fault accident count as a claim?
Yes, it'll be recorded in your claims history.
A non-fault accident is still considered a claim because your insurer is being made aware of the incident. They should be able to recover the costs from the other party's insurance provider, and you should find you're not penalised for it.
Do I have to pay excess if the accident was not my fault?
It depends. Here's why:
If you have a comprehensive car insurance policy, you might need to initially pay the excess when you make the non-fault claim.
After this, your insurer will work on your behalf to recover losses from the other party's insurer. Oftentimes, this also includes your policy excess.
Top tip: Unsure? Speak to your insurer for clarification. They'll be happy to help!
Does making a non-fault claim affect the cost of my car insurance?
Yes, there's a chance this can happen.
In most cases, you'll find that your premiums raise in price after you've made a non-fault claim. This is because insurers tend to view any type of claim as increased risk, even if you're not to blame.
If your premium does increase after a non-fault claim, there's a few things you can do to help keep costs down. Let's take a look in the next section!
How to save on your car insurance if you’ve made a non-fault claim
Here's some great tips:
- Shop around. Compare quotes from multiple providers to find a competitive rate.
- Increase your voluntary excess. A higher excess can lower your monthly premiums. But, just make sure it's affordable if you ever need to claim.
- Maintain a clean driving record. Avoid speeding tickets or other traffic violations, because these can drive up prices.
- Bundle policies together. If you have other insurance needs, like home insurance, combining them with one provider can potentially save you money. Cha-ching.
Does a non-fault claim affect my no-claims bonus?
Nope—having a non-fault claim shouldn't impact your no claims discount. Yay!
Although, when you first make the no-fault claim, you might find that your no claims bonus is affected. This is usually temporary, and can happen while your insurance provider investigates which party is at fault.
Once your provider confirms you're not liable and they can recover losses from the other party's provider, your no claims bonus should be restored. But, just double-check your policy terms and conditions to be certain.
Can I claim compensation for a non-fault accident?
If you weren't at fault, you might be able to claim—especially with a comprehensive car insurance policy. Although, in the UK, the type of insurance you hold can influence how the non-fault claim process works. Let's break it down:
If you've got comprehensive car insurance, you'll usually need to claim through your provider. It's worth noting that you'll need to pay your policy excess upfront as part of the process. Don't worry, though—your insurer will work to recover the costs for you, including any excess you've paid.
Third-party insurance only covers damage you cause to someone else's vehicle, property or injuries. Unfortunately, this means that you won't be able to claim for any personal damage or losses—even if the accident wasn't your fault.
Head's up: If the other driver isn't insured, you might be able to receive compensation through the Motor Insurance Bureau (MIB). You can find out more on their website.