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Non Fault Accident Claims Advice – How Much Compensation Can I Claim?

By Daniel Archer. Welcome to our non-fault accident claims guide.

non fault accident claims

non fault accident claims

A vast number of compensation claims following road traffic accidents that occur in the UK fall into the non-fault accident category. These are accidents where the driver of the vehicle is not to blame for the accident happening.

If you have been the victim of a non-fault accident you will need some non-fault accident advice, which you will find in this comprehensive guide.

Alternatively, get in touch with our team today on 0800 073 8804 to see how we can help.

Select a section:

A Guide to Non-Fault Accident Claims

On this page, you will find a guide to claims for non fault accidents and how to go about making a claim for non-fault accident compensation. If a road user such as a car driver or motorcyclist is involved in an accident that is not their fault, then compensation can be claimed against the party that did cause the accident.


Non fault accident claims

In this guide, we will take a look at how to actually start making a compensation claim for a non-fault accident. We cover the effects the accident will likely have on your own insurance plus the no claims bonus, and we also cover what you can claim for, and how much.

We will also explain what to do if you have had a non-fault accident, and how to go about starting a compensation claim. Finally, we will give an overview of our No Win No Fee non-fault accident management and claims service that you can use to win you the highest amount of compensation possible.

What Is a Non-Fault Accident?

A non-fault accident is a term used to describe any accident suffered by the victim, which they did not play a part in causing. In a non-fault accident, it is plainly clear that a third-party or other external factor was undoubtedly the reason for the accident happening.

In a non-fault accident, the innocence of the victim is irrefutable, and they will shoulder none of the responsibility for the accident happening. They are the injured party and will seek to claim compensation for the non-fault accident against the party which did cause it.

To learn what to do if you’re involved in a non-fault accident, particularly if you intend to make non-fault accident claims, please see the next section.

What to Do If You Are Involved in a Non-Fault Accident?

If you are unfortunate enough to be involved in a non-fault accident what to do after the accident is a major consideration. If you intend to make a non-fault car accident claim and seek non-fault accident compensation, you need to ensure that it is plainly obvious that the accident was not our fault. Below is a list of possible actions you could take following a non-fault road traffic accident:

  • Take down all the details of the vehicles involved in the accident. Get the number plate, the drivers contact details and the number of their driving license if possible. Take photos of these using your phone if you can, to make sure that they are accurate.
  • Get the contact details of any witnesses to the accident. You may need to call on them at a later stage to be witness to the fact that you were not at fault.
  • Make sure your injuries are treated at a hospital so that they are fully documented officially. This information may be needed later in the claims process. Additionally, if the medical professional treating you believes there may be long-term effects from the injuries, make sure these are written down.
  • If you have a smartphone with an incorporated camera, take plenty of photos of the scene of the accident, that can be used to back up your claim at a later stage if needed.

These are a few of the logical steps you can take if you are involved in a non-fault accident. Remember, any information and facts you can gather now will potentially help you successfully make non-fault accident claims in the long run.

What is a non-fault claim?

A non-fault claim could be made in the case that you weren’t to blame for an accident but suffered as a result of it. Henceforth, you would have grounds to attempt to claim compensation from the responsible party’s insurer, or failing that, the Motor Insurance Bureau.

In order to be able to make a non-fault claim, there must be no grounds upon which you could be held liable for the accident. Providing that you can prove that third-party failings were responsible for your accident, you could be entitled to compensation.

These failings mean that the third party has neglected or breached their duty of care to you, such as the Highway Code. For example, they may have demonstrated dangerous driving that resulted in your accident.

To see if you have grounds to make a claim for a non-fault accident, please continue reading this guide or get in touch today for some free legal advice tailored to your unique situation.

What Is The Non-Fault Insurance Claim Process?

If you’ve ever been involved in non fault accidents in the form of road traffic accidents, you should make your car insurer aware of the accident as soon as possible.

Regarding exactly how long you have to inform them of the accident, you’re usually expected to contact them within 24 hours. However, this can be different from one insurer to the next so please refer to your policy documentation to learn more.

Non fault accident claims, a claim made for an accident that was not your fault and was the fault of someone else, tend to be made through the insurer of the driver who was at fault. Drivers involved in the collision and any relevant legal representation should also be made aware of the status of the claim as they can take active steps within the claims process. If there is a dispute regarding who is liable for the accident, further evidence may be required to support your case. However, your solicitor can help you gather sufficient evidence as part of the services they offer.

This is why, in non fault accidents, evidence is crucial. It can be used to prove that the other driver was responsible for the accident and, therefore, liable.

If you want to know more about non fault accident claims, please contact us for free using the above details. We will ask to know more about the accident, such as where and when it took place and if any injuries have been sustained.

Once we understand the particulars of your claim, we can give you advice on your claim eligibility. Our specialised solicitors can also work your case using a No Win No Fee agreement.

Non-Fault Accident at Work Claims

If you are involved in a non-fault car accident while driving a company vehicle, you will still be able to claim compensation against the party which was responsible for the accident occurring.

The only difference is that your employer will have a part to play in the proceedings, as any physical damage to their property means that they are a third party with an interest in the claim.

A third-party advisor would say that it is you that will be claiming for physical damage and financial loss due to the accident, but your employer can and probably will want to make their own claim for damage to the company vehicle.

Can I Only Make a Claim If I Have Suffered Personal Injury?

No, you are not limited to only claiming compensation for a physical injury following a non-fault accident. It’s possible there could have been financial losses, which you will want to claim.

Additionally, there may be extraordinary damages you wish to claim. For example, if the accident caused you to miss an expensive plane flight or a special occasion such as the birth of a child. The best thing you can do in these circumstances is contact us and explain your situation, we will let you know if we think you have a valid reason to make a compensation claim for a non-fault accident that did not result in a physical injury.

No Fault Insurance Claim Process – Evidence Examples

As part of the process of making a personal injury claim, you need to be able to prove that you were not at fault. You can do this by gathering evidence. However, every case is different so we would recommend getting in touch with a solicitor to discuss what evidence would work best for you.

Here are a few examples to help you understand how you can establish the other road user’s negligence:

  • Video evidence – The accident may have been captured by a dashcam, or even a CCTV system.
  • Photographs – You can document the damage to your vehicle, or even any physical injuries you sustain.
  • Medical records – Details pertaining to your injuries and necessary treatment will be recorded in an official capacity. You have the right to request them whenever you like.
  • Witness contact details – Making sure you have a way of reaching out to any witnesses is important. They could submit a written account of what they saw.

Get in touch for more information on evidence for your claim and how to claim compensation in general. Our advisors are here 24/7 to assist you and answer questions on the no fault insurance claim process.

I Had a Non-Fault Accident in a Courtesy Car Can I Claim?

In the case of non-fault accident claims when driving a courtesy car, the situation is very similar to that which applies to being involved in a non-fault accident whilst driving a company vehicle.

After a non-fault accident, courtesy car providers will likely want to acquire compensation of their own for damage to the vehicle, and any loss of revenue whilst the vehicle is out of service.

You will be claiming any personal injury and any financial loss that you have suffered personally as a result of the accident. If you are unsure of where you stand if you had an accident that was not your fault whilst driving a courtesy car, then call us for some non-fault accident advice.

Will a Non-Fault Accident Affect My Insurance?

Your insurer should be able to provide details on the effects of your claim, and how it could lead to an increase in your insurance premium. Following a non-fault accident insurance premium costs will be recalculated to take the claim into consideration the next time you renew your vehicle insurance policy.

Generally, most vehicle insurance firms will raise the annual insurance premium by around 30% following a non-fault claim. If subsequent non-fault insurance claims occur, the premium will be raised even higher.

Who Is the Third Party in a Car Accident?

The simple answer to this question is anyone that is not you. However, from a compensation claims viewpoint, when we talk about a third party, we usually mean anyone else that was also involved in the accident.

It’s important to mention that in cases where an accident involves several third parties, then some may be liable to claim damages against, and others may be entirely blameless and also facing their own non-fault compensation claim as a result of the accident.

Will a Non-Fault Accident Affect My No Claims Bonus?

Following a non-fault accident no claims bonus allowances will generally be lowered. Not as seriously as if you make an accident that is your fault claim car insurance firms will always levy much harsher penalties against your no claims bonus if the accident was your fault. It’s important to mention that following a non-fault accident, excess damages which are covered by yourself with your own money will not prevent your no claims bonus from being disrupted.

The Most Common Types of Non-Fault Accidents

Although non-fault accidents can happen for a very wide range of reasons, there are several that are without a doubt the most common, and these are:

  • Being shunted from behind – usually at a junction or a set of traffic lights. The person driving the vehicle behind has either failed to leave enough room between the two vehicles or was not paying attention. A rear shunt is one of the most common ways that neck injuries such as whiplash occur.
  • Hit by a dangerous driver – when another vehicle operator is driving dangerously such as speeding or by breaking rules of the road such as overtaking in a no-overtaking zone.
  • Hit by a negligent driver – in the case of drivers who for some reason, such as texting on their smartphone, are not paying due care and attention to the road, which results in an accident.

These are the most common causes of non-fault accidents but there are many more.

Non Fault Accident Compensation

You may have sustained injuries in an accident and suffered both physical pain and financial losses. If your injuries were due to someone else’s negligence, you might be able to make a non fault claim which is sometimes also called a no fault claim. Your non fault accident compensation is calculated based on your specific circumstances. Some of the factors considered to determine your compensation are:

  • The severity of your injury
  • The long-term effects of your injury
  • The compensation amounts found in the Judicial College Guideline (JCG)

The compensation amounts in the table below are taken from the JCG, which was last updated in 2022.

Injury Severity Compensation
Brain or Head Injury Moderately Severe £219,070 to £282,010
Brain or Head Injury Less Severe £15,320 to £43,060
Back Injury Moderate (i) £27,760 to £38,780
Back Injury Minor (i) £7,890 to £12,510
Neck Injury Moderate (i) £24,990 to £38,490
Neck Injury Minor (i) £4,350 to £7,890
Shoulder Injury Moderate £7,890 to £12,770
Shoulder Injury Minor (i) £4,350 to £7,890
Mental Anguish Fear Of Impending Death/Reduction In Expectation Of Life £4,670
Psychiatric Damage Generally Moderate £5,860 to £19,070

Alternatively, you can reach out to our advisors for a more personalised estimate. You could also take advantage of the free initial consultation to receive free legal advice and to be presented with your options.

More Payouts For Non-Fault Accident Compensation

The figures in the table above are known as general damages. In other words, these are the amounts that are awarded to account for how badly your injuries have affected you. The injuries can be physical or psychological.

In addition to general damages, it’s possible that you could also receive special damages. In order to be eligible for this additional payout, you must have experienced financial losses that can be attributed to your injuries. Certain compensation amounts for non-fault accident claims can depend on whether or not you can prove these losses. Evidence such as receipts and payslips are good examples of how you can demonstrate your losses.

Here are examples of what you could be reimbursed for via a special damages payment:

Loss of earnings – If you’ve been injured in a non-fault car accident, then your ability to work could be affected for a period of time. If so, then the wages you could have earned over this time could be awarded to you.

Property damage – For example, if your vehicle or belongings were damaged in the accident, then there may be repair costs involved.

Medical bills – You may have had to pay for prescription medication or other treatments to aid in your recovery.

If you have any further queries about non-fault accident claims, our advisors are available to help you on a 24/7 basis. Get in touch today.

No Win No Fee Non-Fault Accident Claims

Once you have completed the non-fault insurance claim process and face the possibility of losing your no claims bonus and paying a higher premium, the last thing you want to do is spend more money on legal fees to claim compensation.

Don’t worry, you won’t have to if you use our No Win No Fee non-fault accident claims service. We cover the cost of the claim, and you won’t pay us anything unless we actually win compensation on your behalf. This really is a No Win No Fee agreement, you have nothing to lose and everything to gain by letting us handle your compensation claim for you. If you are still not sure, contact us for some free non-fault accident advice, and learn how we can help you claim the compensation you are eligible for with no financial outlay.

Why Choose Us as Your Claims Service for Your Non-Fault Accident Claim?

Aside from the fact we offer a legitimate No Win No Fee non-fault claims service, there are other reasons why you should choose us to pursue your claim

We are an ethical company, that always keeps the needs of our clients at the forefront of everything we do. No matter how our actions may affect our eventual fee, we will always handle every aspect of your compensation claim in a way that makes sure you have the highest chance of succeeding, whilst receiving the most compensation possible.

Non-Fault Accident Claims FAQs

What happens if you have a car accident and it’s not your fault?

Some key steps, after seeking medical attention, include:

  • Taking photos of the scene as evidence
  • Collecting witnesses’ contact details
  • Seeking help from a personal injury lawyer (though it’s not a legal requirement to do so)

How is negligence established?

Negligence can usually be established if the following criteria is met:

  • A third party owed you a duty of care
  • That third party failed to uphold their duty
  • You suffered as a result of their failure

How long do I have to claim?

Personal injury claims have 3-year time limits, meaning if you claim outside of this period, you won’t be able to get your compensation anymore.

Should I accept first offer of compensation?

If you choose to work with our team at Legal Expert, they’ll advise you every step of the way, including on which settlement offer to accept.

How can Legal Expert help?

Legal Expert is a claims management service with a panel of personal injury lawyers with over 30 years of experience in the industry. For a free consultation to see what we could do for you, please get in touch today.

Do I Get A Courtesy Car In A Non-Fault Claim?

Whether or not you will receive a courtesy car following an accident will depend on the type of insurance you have.

If you are making a non-fault claim and had to pay out of pocket for a replacement car, you could potentially claim this cost back.

For more information on non-fault accidents, get in touch with us at any time.

Get Accident Claims Advice – Contact Legal Expert Road Traffic Accident Solicitors

Our road traffic accident solicitors could help you through every step of your claim. This includes gathering evidence to support your case, organising a medical appointment and potentially negotiating compensation with the faulting party.

Additionally, they could help you under a No Win No Fee agreement, which could benefit you if you are concerned about the costs of hiring a solicitor.

You can get in touch for free non-obligation accident claims advice at any time. Here’s how you can contact our advisors:

  • Pop up using the live chat feature on your screen
  • Ring our 24/7 support line on 0800 738 804
  • Fill out our claim online form and we’ll be in touch

Helpful Links

How Much Compensation Can I Claim For A Car Accident?

Find out how much you can claim if you have been involved in a car accident, even if you are unsure if you can claim contact us today our advice is free.

NHS Whiplash Information

Whiplash is a very common injury in non-fault road traffic accidents. This NHS published page helps by detailing the symptoms of whiplash so you can decide whether or not you are indeed suffering from it. And if you are, it offers advice on how to lessen the pain. If you think you do have whiplash, we can probably help you claim compensation for it.

Government Think website gives road safety guidelines

This is a UK Government operated website which gives road safety guidelines for a wide range of road users. It has some very useful information regard who is at fault in certain accidents and circumstances. Well worth checking out if you are not sure if you were involved in a non-fault road traffic accident.

Whiplash Compensation Claims – How Much Can I Claim?

Find out how much money you can claim for whiplash contact our whiplash team today for free legal advice on making a compensation claim.

Cycling Accident Claims – Do I Have A Claim?

Find out if you can make a cycle accident claim also find out what amount of compensation you can claim contact our cycle accident team for advice.

Further Helpful Articles

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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