ROAD-ACCIDENT GUIDE

What Is a Non-Fault Accident?

What non-fault means for your insurance, why an open claim can affect your record and what to ask your insurer about liability and costs.

This is a commercial service for accidents that may not have been your fault. You may have to pay for recovery, repairs, storage or car hire if the other driver’s insurer does not pay. Ask the provider to explain the agreement and costs before you decide.

An adviser explaining how non-fault liability is assessed

QUICK ANSWER

In insurance, a non-fault claim generally means the insurer can recover all its costs from someone else. That can take time to confirm, even if you did not cause the crash.

If anyone is seriously injured, in immediate danger, or the road is dangerously blocked, call 999 or 112 first.

What “non-fault” means to your insurer

You may say “non-fault” because you did not cause the crash. Insurers use the term to describe whether they can get their costs back from someone else. Your claim may stay marked as “fault” until they get that money back.

How insurers decide who was at fault

Insurers look at what each driver says, photos, witnesses, dashcam footage, police details and the road rules. No type of crash has a guaranteed result. Drivers or insurers may agree about fault, disagree or share the blame.

Say what happened as clearly as you can. If the other driver said it was their fault, tell your insurer. That statement alone does not mean their insurer will agree to pay.

Why your no-claims discount may be affected temporarily

Your claim may be marked as “fault” or still open while your insurer tries to get its costs back. This can affect your renewal even if the record changes later. Ask how the claim is recorded, what is still needed and when the record can change.

Evidence that can make the position clearer

  • Photos of the whole scene as well as close-ups of the damage.
  • Dashcam footage saved in its original format.
  • Independent witness details.
  • A clear record of what happened and the relevant reference numbers.
  • Repair reports or vehicle checks that help explain the damage.

Questions to ask whoever handles the claim

  • Has the other side accepted fault in writing?
  • Is any part of the claim disputed?
  • What costs are being recovered and from whom?
  • How is the incident recorded on my policy today?
  • What evidence or action is still needed?

Why can a claim count as fault when I did not cause the accident?

The insurance label can reflect whether the insurer recovered its costs, rather than who caused the collision. For example, costs may be difficult to recover if a driver cannot be traced. Your policy may include an uninsured-driver promise, so ask your insurer how its terms apply.

Keep your insurer’s written explanation and any later corrections. When you apply for insurance, answer the questions about accidents and claims accurately. You may still need to mention a non-fault accident.

See the Financial Ombudsman’s explanation of fault claims and no-claims bonuses.

Sources and further help

WANT TO DISCUSS WHAT HAPPENED?

Need help after a non-fault accident?

Call to ask about recovery, repairs or a replacement car. Have the details you know ready. Ask who will help, what you must sign and what you might have to pay.

Call 0330 551 1382