Non Fault Accident Claims Advice – How Much Compensation Can I Claim?
By Stephen Hicks. Last updated 19th August 2021. Welcome to our non-fault accident claims guide.
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.
- What is a non-fault accident?
- What to do if you are involved in a non-fault accident?
- How to begin a non-fault accident claim.
- Non-fault accident at work claims.
- Can I only make a claim if I have suffered personal injury?
- What evidence would I need for my non-fault accident claim?
- I had a non-fault accident in a courtesy car can I claim?
- Will a non-fault accident affect my insurance?
- Who is the third party in a car accident?
- Will a non-fault accident affect my no claims bonus?
- What can be claimed for after a non-fault accident?
- The most common types of non-fault accidents.
- How much compensation will I get after a non-fault accident?
- No win no fee non-fault accident claims.
- Why choose us as your claims service for your non-fault accident claim?
- Call for free advice and to start a claim.
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.
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.
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.
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.
Starting non-fault accident claims is simple. Just use the contact details at the bottom of this page to reach us, and we will take it from there.
We will arrange to have an initial free legal consultancy session, during which we will take all of the details of your accident. We will need to know where and when the accident took place, and how it happened. This is where the information you gathered in the previous section comes in. We can use this info to build a strong case.
Once we understand all of the particulars of your claim, we will give you some advice on what to do next. And in most cases, this means that we will offer to take on your case under our No Win No Fee non fault accident claims service. Meaning you don’t have to pay anything to begin your compensation claim.
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.
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.
In an earlier section, where we covered many of the things you can do following a non-fault accident to make sure you have the best chance of claiming compensation, we covered the kind of proof you can gather to help you make non-fault car accident claims.
However, there is one significantly important piece of evidence that can be used as rock-solid proof that the accident was not your fault, and this is the police report. When the police are called to the scene of an accident, they are required to document it in a standard report. This report will be available to you if you need it to back up your non-fault car accident compensation claim.
Additionally, you can also provide info from your insurance provider. For example, if your car was a write off due to a non fault accident, then the insurance company can provide proof that they have accepted a claim for a completely irreparable vehicle.
To learn more about claiming for non-fault accidents, please continue this guide.
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.
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.
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.
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.
You need to know that when you are seeking non-fault accident compensation that there are a number of different reasons for claiming damages. These reasons can be physical reasons, such as for the pain and suffering caused, as well as mental anguish. They can also be for financial reasons, such as loss of earnings or having to pay medical bills.
Generally, damages fall into one of two main categories, thus:
- Special damages – all of the aspects of the compensation claim that are non-physical. Examples of special damages would be:
- Medical bills – for initial treatment and ongoing health care.
- Loss of earnings or income – either immediately following the accident, or due to not being able to work due to long-term health effects of the accident.
- Out of pocket expenses – such as travel costs either due to the accident or due to the legal process of claiming compensation.
- Care costs – if you need help at home to look after yourself, or you need to spend time in a care facility.
- General damages – all of the aspects of the compensation claim that are examples of general damages would be:
- Pain and suffering – caused by the immediate physical effects of the personal injury sustained in a non-fault accident, including the pain of injury and hardship of treatment.
- Mental hardship – for the stress, worry and also any psychological effects of the accident, such as Post-Traumatic Stress Disorder.
- Long-term loss of life quality – if the injury sustained in a non-fault accident was serious enough to have a negative effect on your quality of life in the long term.
These are the basic definitions of general and special damages. You may be able to claim additional types of damages following your non-fault accident. Contact us to discuss your eligibility for making non-fault accident claims today.
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.
Giving an accurate indication of how much compensation can be claimed following a non-fault accident is impossible. Each case is different. However, the figures below can be used as a general guideline.
The figures included within the table featured below are based on compensation brackets found in the latest Judicial College guidelines. During a personal injury claim, your solicitor may review these guidelines to help them work out the value of your injuries.
|Brain or Head Injury||Moderately Severe||£205,580 to £264,650|
|Brain or Head Injury||Less Severe||£14,380 to £40,410|
|Back Injury||Moderate||£11,730 to £36,390|
|Back Injury||Minor||From around £2,300 to £11,730|
|Neck Injury||Moderate||£7,410 to £36,120|
|Neck Injury||Minor||From around £2,300 to £7,410|
|Shoulder Injury||Moderate||£7,410 to £11,980|
|Shoulder Injury||Minor||From around £2,300 to £7,410|
|Mental Anguish||Fear Of Impending Death/Reduction In Expectation Of Life||£4,380|
|Psychiatric Damage Generally||Moderate||£5,500 to £17,900|
Please note that these figures only relate to general damages and do not include special damages, which will be unique to each compensation claim.
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.
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)
Who can I claim against?
You could be able to claim against anyone with a duty of care to you that caused you to suffer as a result of their negligence, such as another road user breaching the Highway Code.
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.
What is a No Win No Fee agreement?
No Win No Fee agreements don’t require clients to pay their solicitors unless they win their case. Therefore, there’s no out-of-pocket expense spared.
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.
How can I get in touch with Legal Expert today?
Please see below for information on how you can get in touch.
Have you recently been involved in a non fault accident? Are you unsure whether you can claim compensation against the third party who caused the accident?
Don’t worry. We are here to help, just call us on 0800 073 8804 so that we can begin to assist you. If you prefer, you can email us, use the live chat feature of this site, or the contact form.
We will start with a free legal consultation, and if we think it suits your case, we will offer to take it on under a No Win No Fee agreement, with nothing to pay until we actually see you win your claim.
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.
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.
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.
Find out how much money you can claim for whiplash contact our whiplash team today for free legal advice on making a compensation 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.
Thanks for reading our non fault accident claims guide.