Non-Fault Accident: A Complete Guide

If you have been in a road accident that was not your fault, you have clear legal rights. You should not be left out of pocket, without a vehicle, or dealing with the other driver's insurer on your own. This guide explains what non-fault means, what you are entitled to, and how to make sure you get it.

A non-fault accident is one where the other driver was responsible for the collision. Common examples include being rear-ended at a junction, hit by someone pulling out of a side road, or struck by a driver who ran a red light. If the other person caused the accident, the claim goes against their insurance, not yours.

This means your own no-claims bonus should not be affected. You should not have to pay your excess. And you should not have to use your own policy at all.

In a non-fault claim, you can recover the cost of repairing your vehicle (or its market value if it is written off), a like-for-like hire car while yours is off the road, any personal injury such as whiplash or soft tissue damage, loss of earnings if you cannot work because of your injuries, and any other out-of-pocket expenses directly caused by the accident (taxi fares, medical costs, damaged personal property).

Technically, most policies require you to report any accident, even if it was not your fault. However, you do not need to claim through your own insurer. When you come to us, we handle the claim directly against the at-fault driver's insurance company. Your insurer is kept informed but your policy stays untouched.

This is a point that catches a lot of people out. If you claim through your own insurer, you will usually have to pay your excess upfront and your no-claims bonus may be temporarily affected until liability is confirmed. Going through an accident management company like Scottish Accident avoids both of those problems.

It happens. The other driver tells their insurer a different story. In those cases, the two insurers investigate and reach a decision based on the evidence. This is where the photos you took at the scene, any witness statements, and dashcam footage become really valuable.

If liability is split (for example, 50/50), you can still recover a proportion of your losses. We will advise you on the best approach depending on the circumstances.

We manage the entire non-fault claim process. We arrange a hire car, instruct solicitors for any injury claim, deal with the at-fault insurer, and chase up anything that stalls. You get a single point of contact and regular updates on progress. There is no cost to you for any of this. Our fees are recovered from the at-fault insurer as part of the claim.

If you have been in an accident that was not your fault, start your claim here and we will get back to you quickly.