After a car accident in the UK, one question shapes everything that follows: who caused it? If you were at fault, your own insurer pays, and your no-claims bonus usually drops. If you were not at fault, the other driver’s insurer should pay for your repairs, a replacement car, and your other losses.

This guide explains how each type of claim works. You will learn how insurers decide who is to blame, who pays for repairs, what happens when someone has no insurance, and who can get a replacement car.

Key facts

• A non-fault claim is paid by the at-fault driver’s insurer.
• An at-fault claim is paid by your own insurer, but only covers your own car if you have comprehensive cover.
• Blame can be shared, such as 50/50. This is called split liability.
• A fault claim usually cuts your no-claims bonus. A fully recovered non-fault claim usually does not.
• If the other driver has no insurance, the Motor Insurers’ Bureau (MIB) may pay you.
• You must tell your insurer about any accident, even if you do not plan to claim.
• If you do not swap details at the scene, you must report the accident to the police within 24 hours.

Important: This guide gives general information for drivers in England and Wales. Some rules differ in Scotland and Northern Ireland. It is not legal or financial advice.

What Is an At-Fault Accident?

An at-fault accident is a crash that you caused, or mostly caused. Common examples include driving into the back of another car, pulling out of a junction into traffic, or reversing into a parked vehicle. Being at fault does not mean you meant to cause harm. It means insurers see you as legally responsible for the damage.

When you are at fault:

• The other driver claims from your insurer for their repairs, injuries, and other costs.
• Your own car is only covered if you have comprehensive insurance.
• You usually pay your policy excess.
• Your no-claims bonus usually goes down.
• Your premium is likely to rise at renewal.

What your insurer pays for depends on your level of cover:

What If You Cause an Accident Without Insurance?

An at fault accident without insurance is far more serious. In the UK, you must have at least third-party cover to drive on public roads. If you have a car accident without insurance and you are at fault, you break the law, and you may have to pay for all the damage yourself.

The penalties for driving without insurance include:

• A £300 fixed penalty and 6 penalty points (offence code IN10).
• If the case goes to court, an unlimited fine, 6 to 8 points, and a possible driving ban.
• The police can seize your car.
• New drivers who get 6 points within two years of passing their test lose their licence.

In a no insurance car accident at fault, the innocent driver can usually still get paid through the Motor Insurers’ Bureau (MIB). The MIB can then try to recover that money from the uninsured driver. That bill can run into thousands of pounds.

What Is a Non-Fault Accident?

A not at fault accident is one that someone else caused. You did nothing to cause or add to the crash. In a car accident where the other driver is at fault, their insurer should pay for your losses.

Common examples of non-fault accidents:

• Another car hits you from behind while you wait at lights or in a queue.
• A driver pulls out of a side road or junction into your path.
• Someone drives into your car while it is parked.
• A driver changes lanes without checking and hits you.
• A driver joins a roundabout and hits you when you had priority.

If you were not at fault, you may be able to claim for:

• Repairs to your car, or its market value if it is written off.
• A replacement car while yours is off the road.
• Compensation for any injuries.
• Lost earnings, medical costs, and travel costs.
• Recovery and storage of your car.
• Personal items damaged in the crash, such as a phone or child seat.

Two Ways to Make a Non-Fault Claim

You can claim through your own insurer. They pay for your repairs and then recover the cost from the other driver’s insurer. You may need to pay your excess at first, but you should get it back once your insurer recovers the costs.

You can also claim directly against the at-fault driver’s insurer, often with help from an accident management company. This route keeps the claim off your own policy, so you usually pay no excess.

Example: Priya’s car was parked outside her home in Birmingham when a delivery van reversed into it. The van driver admitted fault and gave his insurance details. The van’s insurer paid for her repairs and a replacement car, and her no-claims bonus stayed the same. This example is for illustration only.

At-Fault vs Non-Fault Claims: The Key Differences

The biggest difference is who pays. In an at-fault claim, your own insurer pays. In a non-fault claim, the other driver’s insurer pays.

What Is Split Liability?

Sometimes both drivers share the blame. This is called split liability. Insurers agree a split, such as 50/50 or 70/30.

Each insurer then pays its share of the other side’s losses. For example, if you are 70% to blame, your insurer pays 70% of the other driver’s costs, and you can recover 30% of yours. A split liability claim usually counts as a fault claim on your no-claims bonus.

How Do Insurance Companies Decide Who Is at Fault?

Insurers decide fault by looking at the evidence and comparing it with the rules in the Highway Code. The driver who broke a rule, or failed to take reasonable care, is usually found at fault.

Insurers look at:

• What each driver says happened.
• Photos of the scene, the cars, and the damage.
• Dashcam or CCTV footage.
• Statements from witnesses.
• A police report, if there is one.
• Where the damage is on each car. For example, damage to the back of your car suggests the other driver hit you.

Some situations follow common patterns:

• Rear-end crash: The driver behind is usually at fault, because they should leave enough space to stop.
• Pulling out of a junction: The driver joining the main road is usually at fault.
• Reversing: The driver reversing is usually at fault.
• Parked car: The driver who hits a parked car is almost always at fault.

When there are no witnesses and the stories do not match, insurers may agree a 50/50 split. That is why evidence matters so much.

What to Do at the Scene

1. Stop, and make sure everyone is safe. Call 999 if anyone is hurt or the road is blocked.
2. Swap names, addresses, insurance details, and registration numbers with the other driver.
3. Take photos of the cars, the road, and any damage.
4. Get the names and phone numbers of any witnesses.
5. Save any dashcam footage.
6. Do not admit blame or say sorry. Let the insurers decide.
7. If you cannot swap details at the scene, report the accident to the police as soon as possible, and within 24 hours.
8. Tell your insurer as soon as you can.

What If the At-Fault Driver’s Insurer Denies Your Claim?

Sometimes the at-fault driver’s insurance denies the claim. They may say their driver was not to blame, or that your evidence is not strong enough.

If this happens:

• Ask them to explain the reason in writing.
• Send any extra evidence, such as dashcam footage or witness details.
• If you have comprehensive cover, claim through your own insurer. They can pay for your repairs and then fight the other insurer.
• Check if your policy includes legal expenses cover. It can pay for a solicitor.
• Speak to a solicitor who handles road traffic claims.

In the US, people talk about a car accident and suing the at-fault driver. In the UK, this means starting court action against the driver, with their insurer handling the defence. Most claims settle long before court. Generally, you have three years to start court action for an injury and six years for damage to your car.

Who Is Affected in Insurance After an Accident?

Both drivers are affected, but in different ways. The driver at fault takes the bigger hit to their no-claims bonus and premium. The driver not at fault is mostly protected, but not always fully.

If You Were at Fault

Your insurer cannot recover its costs from anyone else. So the claim counts against you.

• Your no-claims bonus is usually reduced. For example, 4 years of unprotected bonus may drop to 2 years after one fault claim.
• If you pay for no-claims bonus protection, your discount may be kept. But your base premium can still go up.
• Your premium is likely to rise at renewal.

If You Were Not at Fault

If your insurer gets all its money back from the other driver’s insurer, your no-claims bonus should stay the same. Insurers call this “bonus allowed”.

There are a few catches:

• Until your insurer recovers its costs, the claim may be treated as a fault claim. This can take months.
• All claims are recorded on a shared industry database. Some insurers may charge a little more at renewal, even after a non-fault claim.
• You must tell new insurers about past claims when asked, including non-fault ones. If you do not, your policy could be cancelled.

Tip: You must tell your insurer about any accident, even if you do not want to claim. You can ask for it to be recorded as “notification only”. This should not reduce your no-claims bonus.

What If the Other Driver Has No Insurance?

A car accident with no insurance on the other side can feel frightening. But if you were not at fault, you can still get paid.

The Motor Insurers’ Bureau (MIB) was set up in 1946 to pay victims of uninsured and untraced drivers. By law, every UK motor insurer must be a member and help fund it.

In a not at fault accident with no insurance on the other side, you have two main routes:

• Your own insurer: If you have comprehensive cover, your insurer can pay for your repairs. Many policies include an “uninsured driver promise”. This means you keep your no-claims bonus and do not pay your excess.
• The MIB: You can claim directly from the MIB, especially if you have third-party cover only or need to claim for an injury.

If the driver drove off and cannot be found, it is called a hit-and-run. The MIB handles these under a separate scheme for untraced drivers. Report the crash to the police straight away and note the other car’s registration if you can.

What If You Had No Insurance but Were Not at Fault?

This is a car accident with no insurance on your side, but you were not at fault. You can usually still claim for your losses from the at-fault driver’s insurer. But you will still face penalties for driving without insurance, and the police may seize your car. Expect your claim to be checked closely, and get legal advice early.

Who Pays for Car Repairs After an Accident?

The driver at fault, through their insurer, pays for the other driver’s repairs. Who pays for the at-fault driver’s own car depends on their cover.

In an at fault accident with no insurance, you pay for your own car and may also face a bill for the other driver’s losses. This is on top of the fine and penalty points.

If you were not at fault, you do not have to use the garage the other insurer suggests. You can ask for your car to be fixed at a garage you trust. Keep every receipt and invoice.

What If Your Car Is Written Off?

In the US, people say a car is “totaled”. In the UK, we say it is “written off”. This happens when the insurer decides the car is too damaged, or too costly to repair compared to its value.

If your car is totaled and you were not at fault, the at-fault driver’s insurer should pay you its market value. That is what your car was worth just before the crash, not what you paid for it.

Written-off cars are put into one of four categories:

Cat S and Cat N replaced the old Cat C and Cat D in October 2017.

If you think the offer for your car is too low, you can challenge it. Find adverts for the same make, model, age, and mileage, and send them to the insurer as proof.

What if your car is totaled, you had no insurance, and you were not at fault? You can usually still claim the market value from the at-fault driver’s insurer. But you still face penalties for driving uninsured, and your claim will likely be checked closely.

Who Can Get a Replacement Car?

If you were not at fault and you need a car, you can claim a replacement while yours is off the road. The cost is claimed back from the at-fault driver’s insurer.

UK law aims to put you back where you were before the crash. If you drove a family estate or a work van, a tiny hatchback may not meet your needs. That is why non-fault drivers can often get a like-for-like car, meaning a vehicle of a similar size and type.

There are two main types of replacement car:

If You Were at Fault

You only get a replacement car if your own policy includes one. Many policies offer a small courtesy car, and some only while your car is in an approved garage. If your car is written off, you may get nothing at all. Check your policy documents.

If the Blame Is Split

A replacement car may still be possible. But you may only recover part of the cost, so get advice before you agree to anything.

If You Drive for Work

If you were driving for work, in a company car or your own vehicle, the same rules apply. Tell your employer straight away. If your car or van is how you earn a living, such as a taxi or delivery van, the loss of it matters even more, and you may also be able to claim lost earnings.

Tips before you accept a replacement car:

• Ask if it is a courtesy car or a like-for-like hire car.
• Tell the hire company if your own policy includes a courtesy car.
• Only keep the car for as long as you really need it.
• Read the hire terms before you sign.

Conclusion

The difference between at-fault and non-fault claims comes down to one thing: who pays. If you caused the crash, your own insurer pays, and your no-claims bonus and premium usually suffer. If you were not at fault, the other driver’s insurer should cover your repairs, a replacement car, and your other losses.

The best thing you can do is protect your claim from the start. Stay calm, gather evidence, never admit blame at the scene, and tell your insurer quickly. If the other driver has no insurance, or their insurer denies your claim, you still have options through the MIB, your own insurer, or a solicitor.

Key takeaways

• At fault means your insurer pays. Not at fault means their insurer pays.
• Evidence decides fault, so take photos, save dashcam footage, and get witness details.
• A fully recovered non-fault claim should not reduce your no-claims bonus.
• The MIB pays victims of uninsured and hit-and-run drivers.
• Non-fault drivers can claim a replacement car while theirs is off the road.
• Report the crash to the police within 24 hours if you could not swap details.

FAQs

Will a non-fault claim increase my car insurance?

It can, but usually only a little. Your no-claims bonus should stay the same once your insurer recovers its costs. But all claims are recorded, and some insurers may still charge slightly more at renewal.

Do I have to pay my excess if I was not at fault?

If you claim through your own insurer, you may need to pay it at first. You should get it back once your insurer recovers its costs from the other side. If you claim directly against the at-fault insurer, you usually pay no excess.

What happens in a car accident with no insurance if I am not at fault?

In a not at fault accident with no insurance on the other driver’s side, you can still claim. Your own insurer can pay if you have comprehensive cover, or you can claim from the Motor Insurers’ Bureau (MIB). Many policies also protect your no-claims bonus in this situation.

Can I claim after an accident without insurance if I was not at fault?

Yes, in most cases you can still claim your losses from the at-fault driver’s insurer. But driving without insurance is still an offence. You may get a fine, penalty points, and have your car seized, so get legal advice early.

What should I do if the other driver drives off?

Call the police straight away and report it as a hit-and-run. Write down the registration number, the car’s make and colour, and anything else you remember. You may be able to claim through the MIB’s scheme for untraced drivers.

Can I claim if I was partly to blame?

Yes. If blame is shared, you can still recover part of your losses. For example, if you were 30% to blame, you may recover 70% of your costs.

Should I say sorry at the scene?

It is best not to. Saying sorry can be taken as admitting fault, even if you only meant to be polite. Check that everyone is okay, swap details, and let the insurers decide who is to blame.

What if I had an accident at work that wasn’t my fault?

If you were driving for work and another driver caused the crash, you can claim from their insurer, just like any other non-fault accident. Tell your employer straight away, as their insurer may need to know. If you were hurt at work in another way, such as a fall, you may be able to claim through your employer’s insurance instead.

Can I claim for injuries after a not at fault accident?

Yes. In England and Wales, most lower-value road traffic injury claims go through the Official Injury Claim service. For crashes on or after 31 May 2025, whiplash lasting up to two years is worth £275 to £4,830 under a fixed legal tariff. You can also claim for lost earnings, treatment, and travel costs.

How long do I have to make a claim?

Tell your insurer about the accident as soon as possible. For a personal injury claim, you usually have three years from the date of the accident to settle or start court action. For damage to your car, the limit is usually six years. Do not wait, as evidence is easier to gather early.

Not Your Fault? Don’t Be Left Without a Car

A crash you did not cause should not leave you stuck at home, unable to get to work, school, or appointments. If your car is off the road after a non-fault accident, Continental Car Hire Ltd can keep you moving with a like-for-like replacement vehicle.

We are a professional car accident management company. We help drivers, families, and business users get back on the road quickly after an accident that was not their fault. While you focus on your recovery and your claim, we deal with the at-fault driver’s insurer for the cost of your hire.

Had an accident that wasn’t your fault? Contact Continental Car Hire Ltd on +442087437469 today to check if you qualify for a replacement vehicle.