Non Fault Accident Claims Guide – Learn How To Claim

If you’ve been involved in a non-fault accident, you may be entitled to make a compensation claim for damages, losses, and inconvenience caused. This guide explains everything you need to know about non-fault accident claims, including your legal rights, how to claim on a No Win No Fee basis, and what support an accident management firm can provide. Fentons could be able to help you claim—contact us for expert advice.

Key Facts

• You have the legal right to make a compensation claim if another party was responsible for your accident. This includes damages for financial losses, personal injury, and vehicle-related costs.
• Non-fault accident claims do not affect your no claims bonus if processed correctly through a third-party insurer or an accident management firm rather than your own insurer.
• Credit hire companies can provide a replacement vehicle while your car is being repaired, ensuring you are not left without transport during the claims process.
• Uninsured losses, such as loss of earnings or policy excess fees, can be recovered as part of a compensation claim against the at-fault party’s insurer.
• Fentons could be able to help you claim through a No Win No Fee arrangement, meaning you won’t have to pay upfront legal fees to pursue your case.

What Is a Non-Fault Accident Claim?

 

A non-fault accident claim is a legal process that allows you to seek compensation when an accident occurs due to someone else’s negligence. Whether you were a driver, passenger, pedestrian, or cyclist, if another party was responsible, you have the right to make an insurance claim for damages. These claims cover a range of losses, including vehicle repairs, personal injury, and uninsured losses such as lost income or damaged property. Unlike at-fault claims, where your insurer pays for damages, non-fault claims are pursued against the responsible party’s insurer, ensuring you are not financially disadvantaged for an accident that wasn’t your fault.

Filing a non-fault accident claim is a structured process that often involves:

• Gathering evidence such as photos, dashcam footage, and witness statements to prove liability.
• Reporting the accident to the relevant parties, including insurers and the police (if necessary).
• Using an accident management firm to handle all aspects of the claim, from assessing damages to arranging a replacement vehicle.
• Recovering uninsured losses, ensuring all financial impacts, such as excess payments and lost earnings, are compensated.
• Claiming for personal injury, which could include whiplash claims, broken bones, or psychological trauma.

A well-handled non-fault accident claim ensures you are fully compensated for all damages without affecting your no claims bonus. Fentons could be able to help you claim, ensuring a smooth and stress-free process.

Common Causes of Non-Fault Accidents

Many factors can lead to a non-fault accident, often resulting from another person’s negligence. Whether on the road, in a public place, or at work, these incidents can cause significant disruption and financial loss. Understanding common causes can help strengthen your compensation claim by demonstrating how the accident was not your fault.

Some of the most common causes include:

1. Rear-end collisions – Often caused by distracted or speeding drivers failing to stop in time.
2. Failure to give way – Accidents at junctions and roundabouts due to another driver ignoring right of way.
3. Reckless or dangerous driving – Including speeding, tailgating, and aggressive manoeuvres.
4. Poor road conditions – Potholes, debris, or lack of proper signage leading to accidents.
5. Defective vehicles – Accidents caused by another driver’s faulty brakes, tyres, or indicators.

Other non-fault accidents include pedestrian and cyclist incidents, where careless drivers fail to check blind spots or run red lights, leading to injuries and damage. Regardless of the circumstances, a strong legal case depends on clear evidence of fault. Fentons could be able to help you claim if you have been in a non-fault accident caused by someone else’s negligence.

What Should I Do Immediately After a Non-Fault Accident?

The moments after a non-fault accident are crucial in ensuring a successful insurance claim. Acting quickly and following the correct steps can strengthen your case and protect your legal rights. Whether it’s a road traffic accident, a workplace incident, or a public liability case, taking the right actions can significantly impact your ability to claim compensation.

Steps to take immediately after an accident:

1. Ensure safety – Check for injuries and move to a safe location if possible.
2. Call emergency services – If there are serious injuries or hazards, dial 999 for medical assistance and police intervention.
3. Gather evidence – Take photos of the scene, vehicle damage, injuries, and any road signs or conditions.
4. Exchange details – Collect contact and insurance information from the other party involved.
5. Obtain witness statements – If anyone saw the accident, ask for their contact details and a brief statement.
6. Do not admit fault – Even if pressured, avoid accepting blame as this can affect liability decisions.
7. Notify an accident management firm – Rather than dealing directly with insurers, a claims management firm can handle everything on your behalf.

By following these steps, you can ensure a smoother claims process and maximise your chances of a successful outcome. Fentons could be able to help you claim by handling all legal and administrative aspects while you focus on recovery.

How Is Compensation Calculated in Non-Fault Claims?

When making a non-fault accident compensation claim, the amount you receive depends on several factors. Unlike at-fault claims where your insurer pays out, a non-fault claim ensures that the at-fault party’s insurer covers all your damages. A thorough assessment is carried out to determine how much compensation you are entitled to based on both financial losses and personal impact.

Key factors in compensation calculations include:

• Vehicle repairs and replacement costs – Covering damages to your vehicle and the cost of a replacement vehicle through a credit hire company.
• Personal injury damages – Compensation for physical injuries such as whiplash claims, fractures, or psychological trauma.
• Uninsured losses recovery – Reimbursement for expenses such as lost wages, medical costs, and policy excess fees.
• Loss of use inconvenience – Compensation for the distress and inconvenience of being without a vehicle or suffering from injuries.
• Additional expenses – Any other financial losses, such as travel costs or damaged personal items, that resulted from the accident.

A well-handled compensation claim ensures you receive the full amount you are entitled to, covering all aspects of your losses. Contact Fentons for more advice on how much you could claim and how to proceed with a No Win No Fee case. Here are some example compensation payouts:

Whiplash (£1,320 to £1,390) – Injuries lasting 9 to 12 months, causing persistent discomfort but fully resolving.

Paraplegia (£267,340 to £346,890) – Award depends on pain, independence, psychological impact, age, and sexual function. Cases with worsening paralysis or serious complications may exceed this range.

Minor Head Injury (£2,690 to £15,580) – Minimal brain damage. Award varies based on severity, recovery time, ongoing symptoms, and headaches. Faster recovery means lower compensation.

Chest Injury (£15,370 to £21,920) – Single penetrating wound or similar trauma with some permanent tissue damage but no major lung impairment.

Minor Neck Injury (£2,990 to £5,310) – Injuries fully recovering within 3 to 12 months, including short-term aggravation or minor soft tissue damage.

Do I Have to Pay My Excess If the Accident Wasn’t My Fault?

If you make a non-fault accident claim, you may still be required to pay your insurance excess initially, depending on how the claim is handled. The excess is the amount you agree to pay towards repairs before your insurer covers the remaining costs. However, if the accident wasn’t your fault and the other party’s insurer accepts liability, you can recover this cost as part of your compensation claim. Many drivers assume their insurer will automatically waive the excess in non-fault cases, but this is not always the case, particularly if you claim directly through your own insurance policy rather than using an accident management firm.

Ways to avoid paying your excess in a non-fault claim:

• Use an accident management company – They handle repairs and recover costs directly from the at-fault party’s insurer, meaning you don’t pay the excess.
• Claim against the third party’s insurer – If liability is accepted early, you may not need to claim on your own policy at all.
• Have legal expenses cover – Some insurance policies offer cover that allows you to recover the excess quickly.
• Recover the excess as part of your uninsured losses – If you have to pay, you can include it in your compensation claim.

While you may have to pay your excess upfront in some cases, a proper claims process should ensure it is reimbursed. Fentons could be able to help you claim back your excess and other losses after a non-fault accident.

What Are Uninsured Losses, and Can I Claim Them?

Uninsured losses are costs and damages not covered by your standard insurance policy but which can still be recovered in a compensation claim. After a non-fault accident, you may face several expenses that are not immediately covered by your insurer but can be claimed back from the at-fault party’s insurer. These losses can be significant, particularly if the accident affects your ability to work, results in medical expenses, or causes inconvenience. Many claimants are unaware that they can seek compensation for these additional costs, making it important to understand what qualifies as an uninsured loss.

Common examples of uninsured losses include:

• Loss of earnings – If injuries prevent you from working, you can claim lost wages.
• Medical and rehabilitation costs – Private treatment, physiotherapy, or counselling fees.
• Policy excess fees – If you claim through your insurer, you can recover the excess payment.
• Travel expenses – Costs related to hospital visits, taxis, or temporary transport.
• Damaged personal property – Clothing, mobile phones, or other items damaged in the accident.

Uninsured losses can be recovered as part of a non-fault compensation claim, ensuring you are not left out of pocket. Fentons could be able to help you claim back all uninsured losses after your accident.

How Does a Non-Fault Claim Affect My Insurance?

A common concern is whether making a non-fault accident claim will impact your insurance premiums or no claims bonus. While a non-fault claim means you were not responsible for the accident, insurers may still adjust your premium at renewal. This is because insurers assess overall risk, and being involved in an accident, even if not your fault, can be seen as an increased risk factor. However, using an accident management firm instead of your own insurer can often prevent negative consequences.

How a non-fault claim can affect your insurance:

• Premium increases – Some insurers may increase premiums slightly, even for non-fault claims.
• No claims bonus protection – If you claim through your own insurer, your no claims bonus may be affected unless you have protection in place.
• Claims history impact – Your claim will be recorded, and insurers may consider it when calculating future quotes.
• Third-party claims handling – Using an accident management firm instead of your insurer can prevent premium increases.

The key to avoiding unnecessary financial impact is ensuring your claim is handled correctly. Fentons could be able to help you to make car accident compensation claims while protecting your no claims bonus and minimising insurance consequences.

Can I Claim for Personal Injury After a Non-Fault Accident?

If you’ve suffered injuries in a non-fault accident, you have the legal right to make a personal injury claim against the at-fault party’s insurer. Injuries can range from minor whiplash compensation claims to more severe conditions requiring ongoing treatment. The law recognises that injuries can have both financial and emotional consequences, so compensation is available not only for medical costs but also for loss of earnings and pain and suffering. The Civil Liability Act 2018 governs how certain injury claims, such as whiplash, are processed, ensuring that victims can access fair compensation.

Types of personal injury claims after a non-fault accident:

• Whiplash claims – Neck and soft tissue injuries common in rear-end collisions.
• Fractures and sprains – Injuries from the impact of the accident.
• Psychological trauma – Anxiety, PTSD, or emotional distress following a serious accident.
• Long-term health issues – Injuries that require ongoing medical treatment.
• Loss of amenity – Compensation for how the injury affects your daily life and activities.

Making a No Win No Fee personal injury claim ensures you can seek compensation without financial risk. Contact Fentons for more advice on claiming for personal injury after a non-fault accident.

Can I Claim for Whiplash Caused by a Non-Fault Accident?

Yes, you can claim for whiplash caused by a non-fault accident if another party was responsible. Whiplash is a common injury in road traffic accidents, especially in rear-end collisions, where the sudden impact causes the neck to jerk violently. While some cases are minor, others result in long-term pain, restricted movement, and even psychological distress. The Civil Liability Act 2018 introduced new regulations for whiplash claims, requiring medical evidence and a specific claims process. Many victims are unaware that whiplash can be included in road traffic accident claims, covering both physical suffering and financial losses related to treatment and recovery.

Key factors in a whiplash claim:

• Medical evidence – A GP or specialist must confirm your diagnosis.
• Impact on daily life – Compensation reflects how the injury affects work, hobbies, and well-being.
• Rehabilitation costs – Physiotherapy or chiropractic treatment may be included in the claim.
• Loss of earnings – If whiplash prevents you from working, you can claim for lost wages.
• Time limits – You must claim within three years of the accident, as per the Limitation Act 1980.

Although new laws have tightened the process, whiplash claims remain valid for those genuinely injured. Fentons could be able to help you claim for whiplash compensation on a No Win No Fee basis.

Are There Time Limits for Making a Non-Fault Accident Claim?

Yes, strict time limits apply to non-fault accident claims, and failing to act within these deadlines could mean losing your right to compensation. Under the Limitation Act 1980, most claims must be made within three years of the accident date. However, exceptions exist, such as for children or those lacking mental capacity, where the time limit may be extended. Acting quickly ensures evidence is fresh, witness statements are accurate, and all legal steps are completed on time. Seeking professional assistance early can prevent unnecessary delays and ensure a smooth claims process.

Time limits based on claim type:

• Personal injury claims – Three years from the accident date or from the date of injury diagnosis.
• Property damage claims – Typically six years from the incident.
• Claims for children – The three-year limit starts from their 18th birthday.
• Mental incapacity cases – No time limit if the claimant is unable to manage their own affairs.
• Fatal accident claims – The family has three years from the date of death to claim.

Meeting the time limit is crucial, as claims submitted too late will likely be rejected. Fentons could be able to help you claim within the legal timeframe, ensuring you don’t miss out on compensation.

What Evidence Do I Need to Support a Non-Fault Claim?

Strong evidence is essential in a non-fault accident claim to prove liability and support your case for compensation. The more documentation and proof you have, the stronger your claim will be. Insurers require clear evidence to accept liability, and without it, claims can be delayed or even denied. The right evidence can establish fault, demonstrate financial losses, and justify compensation for personal injury and uninsured losses. Whether it’s a road accident, workplace incident, or public liability case, gathering relevant proof as soon as possible increases the chances of a successful claim.

Important evidence to collect:

• Accident scene photos – Take clear images of damage, road conditions, and vehicle positions.
• Dashcam footage – If available, video evidence can strongly support liability claims.
• Witness statements – Independent witnesses can confirm what happened.
• Police or incident reports – Official documentation adds credibility to your case.
• Medical records – Proof of injury and treatment supports compensation for pain and suffering.
• Repair invoices and receipts – These help claim costs for vehicle repairs and other losses.

Providing detailed evidence speeds up the claims process and strengthens your case. Fentons could be able to help you claim by ensuring you gather all necessary proof for a successful compensation claim.

Can I Make a Non-Fault No Win No Fee Claim?

Yes, you can make a No Win No Fee non-fault accident claim, which means you won’t have to pay legal fees upfront. This type of agreement ensures access to justice without financial risk, allowing you to pursue compensation even if you don’t have the funds to pay a solicitor in advance. Instead of charging an upfront fee, the solicitor’s costs are recovered from the at-fault party’s insurer, and you only pay if the claim is successful. This makes No Win No Fee claims an attractive option for victims of non-fault accidents, as they remove financial barriers to seeking justice.

Key benefits of a No Win No Fee claim:

• No upfront legal costs – You don’t need to pay out-of-pocket to start your claim.
• Financial security – If the claim fails, you won’t be left with legal bills.
• Higher success rate – Solicitors take cases they believe have a strong chance of winning.
• Access to expert representation – Ensures your claim is handled by experienced professionals.
• Risk-free process – You only pay a success fee if you win compensation.

A No Win No Fee agreement provides peace of mind and ensures you can pursue a claim without unnecessary stress. Contact Fentons for more advice on how to start your No Win No Fee non-fault accident claim.

Fentons Can Help Make Non-Fault Accident Claims

Fentons specialises in helping claimants secure the maximum compensation they deserve after a non-fault accident. With over 30 years of experience, our claims professionals provide expert guidance on every aspect of the compensation claim process. We offer free legal advice, ensuring you understand your rights and the best course of action for your case. Our team handles everything, we work on a No Win No Fee basis, so there’s no financial risk in making a claim. To find out if you can claim compensation, call 0333 000 0723 or contact us today.

Non-Fault Accident Claims FAQ

Can I Claim for a Hire Car After a Non-Fault Accident?

Yes, you can claim for a replacement vehicle through a credit hire company. This ensures you are not left without transport while your own vehicle is being repaired.

How Long Does a Non-Fault Claim Take to Process?

The timeframe varies depending on the complexity of the case. Straightforward insurance claims can be resolved within weeks, while disputes over liability may take several months.

Is It Necessary to Inform My Insurer About a Non-Fault Accident?

Yes, you should inform your insurer, even if you don’t claim through them. However, using an accident management firm instead of your insurer can help protect your no claims bonus.

Do I Need a Solicitor for a Non-Fault Accident Claim?

No, a claims management firm like Fentons can handle your case without the need for a solicitor. We manage everything from compensation claims to recovering uninsured losses.

Non-Fault Accident Claims Links 

Data.gov.uk – Road Accidents Safety Data: Find open data on road accidents and safety, useful for research and planning.

THINK – Government Road Safety Initiative: Learn about the THINK! road safety initiative from the UK government, which provides public education on road safety through campaigns and resources to reduce road accidents and fatalities.

NHS – Whiplash: A guide to whiplash, an injury caused by sudden jerking of the neck, often in car accidents, including symptoms, causes, and treatment options like physiotherapy or pain relief.