Non-Fault vs Fault Claims

The unpredictable outcome of car collisions whips up all kinds of feelings, no matter the cause of the accident or who was at fault. 

This article aims to navigate you through the legal passage following an accident, hopefully placing you in pole position to save you time, money and hassle.

Important considerations after an accident.

• Check that everyone involved is safe
• Collect the names, contact numbers and car registration plate(s) of other parties, including any witnesses 
• Take detailed photographs of the damage and accident scene (if it's safe to do so)
• Notify your insurance company as soon as possible

In the moments after an accident, it should be a priority to make sure everyone’s okay, both physically and emotionally. As soon as you’ve done that, contact your insurer, and tell them:

• What happened and when
• Names, contact details and vehicle number plates of those involved
• Any vehicle damages (both yours and anyone else’s) and details of any injuries of persons involved in the accident

If you have comprehensive cover your insurer will arrange to repair or total loss your vehicle depending on the extent of the damage. At the same time, they will act on your behalf and seek to deal with damages for other vehicles and injuries to victims.

As the innocent victim you have some decisions to make, but your own insurer will be there to give guidance on the options open to you.

If you have comprehensive cover you can still ask your own insurer to deal with the damage to your vehicle. Once they have settled your claim, they will then seek to recover the payment from the person who caused the accident and their insurer. You may still need to pay your excess, then recover this from the person at fault or their insurer.

Alternatively you can claim directly against the insurer of the person who caused the accident. Their insurer will deal with all elements of repairs to your car, provision of mobility and any other losses you have suffered, including injury.

The situation can be complicated if another driver’s at fault and doesn’t have insurance, or if the driver leaves without giving any details. 

Even if you're hit by an uninsured or untraced driver, you may still be able to claim compensation with the support of the Motor Insurers' Bureau. 

The bureau’s role is to help victims when the accident is caused by uninsured or untraced drivers. When you can't get compensation from another source, such as an insurance company, they'll consider injury claims as well as vehicle or property damage. This process might take longer than a normal insurance claim.

Having valid insurance is essential as it helps protect you and others on the road. Driving without the minimum third-party insurance is against the law. 

If you’re uninsured and cause an accident, not only will you need to pay for vehicle repairs and any other costs incurred, you could also face a £300 fine and six penalty points on your license. And it doesn't stop there. If the case is taken to court, you could be banned from driving and given an unlimited fine or even end up in prison in cases where the lack of insurance is seen as an aggravating factor in other charges such as reckless or dangerous driving. Additionally, police can even destroy an uninsured vehicle.  ^{Footnote [1]}

If the accident was not your fault and your insurer pays out nothing to anybody involved, or if you have claimed under a comprehensive policy for your vehicle's damage and your insurer has recovered 100% from the insurer of the driver at fault, then your No Claims Discount (NCD) should not be affected. 

If both parties are partially to blame, or a full recovery is not possible, then unfortunately it will affect your NCD.

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