Last updated 21st January 2025. A vast number of compensation claims following road traffic accidents that occur in the UK fall into the non-fault accident category. These are accidents where the driver of the vehicle is not to blame for the accident happening.
On this page, you will find a guide to claims for non fault accidents and how to go about making a claim for non-fault accident compensation. If a road user such as a car driver or motorcyclist is involved in an accident that is not their fault, then compensation can be claimed against the party that did cause the accident.
In this guide, we will take a look at how to actually start making a compensation claim for a non-fault accident. We cover the effects the accident will likely have on your own insurance plus the no claims bonus, and we also cover what you can claim for, and how much.
We will also explain what to do if you have had a non-fault accident, and how to go about starting a compensation claim. Finally, we will give an overview of our No Win No Fee non-fault accident management and claims service that you can use to win you the highest amount of compensation possible.
Get in touch with our team today on 0800 073 8804 to see how we can help.
Select a section:
- What Is A Non-Fault Accident?
- What Is A Non-Fault Claim?
- Non-fault Accident At Work Claims.
- No Fault Insurance Claim Process – Evidence Examples
- Will A Non-Fault Accident Affect My Insurance?
- Who Is The Third Party In A Car Accident?
- The Most Common Types Of Non-Fault Accidents.
- Non Fault Accident Compensation
- No Win No Fee Non-Fault Accident Claims.
- Why Choose Us As Your Claims Service For Your Non-Fault Accident Claim?
- Non-Fault Accident Claims FAQs
- Get Accident Claims Advice – Contact Legal Expert Road Traffic Accident Solicitors
What Is A Non-Fault Accident?
A non-fault accident is a term used to describe any accident suffered by the victim, which they did not play a part in causing. In a non-fault accident, it is plainly clear that a third-party or other external factor was undoubtedly the reason for the accident happening.
In a non-fault accident, the innocence of the victim is irrefutable, and they will shoulder none of the responsibility for the accident happening. They are the injured party and will seek to claim compensation for the non-fault accident against the party which did cause it.
To learn what to do if you’re involved in a non-fault accident, particularly if you intend to make non-fault accident claims, please see the next section.
What Is A Non-Fault Claim?
A no fault accident claim can be made after a road traffic accident if a third party was fully responsible for negligence occurring. Negligence is when an injury is sustained due to a breach of duty of care.
All road users owe a duty of care to one another. They must follow the rules from The Highway Code and the Road Traffic Act 1988 to ensure the safety of themselves and others while on the roads.
As such, the non-fault accident claims eligibility criteria are as follows:
- Another road user owed you a duty of care when you were on the roads.
- The road user breached their duty of care by acting negligently.
- You sustained an injury due to this breach.
So, if you’ve been in a road traffic accident and you think that your circumstances match the above criteria, please contact us today. Our advisors can chat with you and determine whether you’re eligible to claim compensation for a non-fault accident.
Alternatively, you can still claim compensation if you are partly responsible for negligence occurring. In this case, a split liability claim can be made. Our advisors can tell you more about this if you want to learn more.
Non-Fault Accident At Work Claims
Making a no fault accident claim after a workplace accident is very similar to after a road traffic accident. A third party must be fully responsible for negligence occurring.
All employers owe a duty of care to their employees. Under the Health and Safety at Work etc. Act 1974, they must take reasonable steps to ensure the safety of their employees while they’re working.
As such, the non-fault accident claims eligibility criteria are as follows:
- Your employer owed you a duty of care.
- Your employer breached their duty of care by acting negligently.
- You sustained an injury due to this breach
So, if you’ve been in an accident at work and you think that your circumstances match the above criteria, please contact us today. Our advisors can chat with you and determine whether you’re eligible to claim compensation for a non-fault accident.
No Fault Insurance Claim Process – Evidence Examples
As part of the process of making a personal injury claim, you need to be able to prove that you were not at fault. You can do this by gathering evidence. However, every case is different so we would recommend getting in touch with a solicitor to discuss what evidence would work best for you.
Here are a few examples to help you understand how you can establish the other road user’s negligence:
- Video evidence – The accident may have been captured by a dashcam, or even a CCTV system.
- Photographs – You can document the damage to your vehicle, or even any physical injuries you sustain.
- Medical records – Details pertaining to your injuries and necessary treatment will be recorded in an official capacity. You have the right to request them whenever you like.
- Witness contact details – Making sure you have a way of reaching out to any witnesses is important. They could submit a written account of what they saw.
Get in touch for more information on evidence for your claim and how to claim compensation in general. Our advisors are here 24/7 to assist you and answer questions on the no fault insurance claim process.
Will A Non-Fault Accident Affect My Insurance?
Your insurer should be able to provide details on the effects of your claim, and how it could lead to an increase in your insurance premium. Following a non-fault accident insurance premium costs will be recalculated to take the claim into consideration the next time you renew your vehicle insurance policy.
Generally, most vehicle insurance firms will raise the annual insurance premium by around 30% following a non-fault claim. If subsequent non-fault insurance claims occur, the premium will be raised even higher.
Who Is The Third Party In A Car Accident?
The simple answer to this question is anyone that is not you. However, from a compensation claims viewpoint, when we talk about a third party, we usually mean anyone else that was also involved in the accident.
It’s important to mention that in cases where an accident involves several third parties, then some may be liable to claim damages against, and others may be entirely blameless and also facing their own non-fault compensation claim as a result of the accident.
The Most Common Types Of Non-Fault Accidents
Although non-fault accidents can happen for a very wide range of reasons, there are several that are without a doubt the most common, and these are:
- Being shunted from behind – usually at a junction or a set of traffic lights. The person driving the vehicle behind has either failed to leave enough room between the two vehicles or was not paying attention. A rear shunt is one of the most common ways that neck injuries such as whiplash occur.
- Hit by a dangerous driver – when another vehicle operator is driving dangerously such as speeding or by breaking rules of the road such as overtaking in a no-overtaking zone.
- Hit by a negligent driver – in the case of drivers who for some reason, such as texting on their smartphone, are not paying due care and attention to the road, which results in an accident.
These are the most common causes of non-fault accidents but there are many more.
Non Fault Accident Compensation
You may have sustained injuries in an accident and suffered both physical pain and financial losses. If your accident were caused by someone else’s negligence, you might be able to make a non fault claim which is sometimes also called a no fault claim. Your non fault accident compensation is calculated based on your specific circumstances. Some of the factors considered to determine your compensation are:
- The severity of your injury
- The long-term effects of your injury
- The compensation amounts found in the Judicial College Guideline (JCG)
The compensation amounts in the table below are taken from the JCG. None of these figures can be guaranteed though. Additionally, the top entry is not from the JCG.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple serious injuries with special damages | Serious | Up to £1,000,000+ |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Less Severe (d) | £18,700 to £52,550 | |
| Back | Severe (a)(i) | £111,150 to £196,450 |
| Moderate (b)(i) | £33,880 to £47,320 | |
| Neck | Severe (a)(i) | In the region of £181,020 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Shoulder | Severe (a) | £23,430 to £58,610 |
| Moderate (c) | £9,630 to £15,580 |
Alternatively, you can reach out to our advisors for a more personalised estimate. You could also take advantage of the free initial consultation to receive free legal advice and to be presented with your options.
More Payouts For Non-Fault Accident Compensation
The figures in the table above are known as general damages. In other words, these are the amounts that are awarded to account for how badly your injuries have affected you. The injuries can be physical or psychological.
In addition to general damages, it’s possible that you could also receive special damages. In order to be eligible for this additional payout, you must have experienced financial losses that can be attributed to your injuries. Certain compensation amounts for non-fault accident claims can depend on whether or not you can prove these losses. Evidence such as receipts and payslips are good examples of how you can demonstrate your losses.
Here are examples of what you could be reimbursed for via a special damages payment:
Loss of earnings – If you’ve been injured in a non-fault car accident, then your ability to work could be affected for a period of time. If so, then the wages you could have earned over this time could be awarded to you.
Property damage – For example, if your vehicle or belongings were damaged in the accident, then there may be repair costs involved.
Medical bills – You may have had to pay for prescription medication or other treatments to aid in your recovery.
If you have any further queries about non-fault accident claims, our advisors are available to help you on a 24/7 basis. Get in touch today.
No Win No Fee Non-Fault Accident Claims
Once you have completed the non-fault insurance claim process and face the possibility of losing your no claims bonus and paying a higher premium, the last thing you want to do is spend more money on legal fees to claim compensation.
Don’t worry, you won’t have to if you use our No Win No Fee non-fault accident claims service. We cover the cost of the claim, and you won’t pay us anything unless we actually win compensation on your behalf. This really is a No Win No Fee agreement, you have nothing to lose and everything to gain by letting us handle your compensation claim for you. If you are still not sure, contact us for some free non-fault accident advice, and learn how we can help you claim the compensation you are eligible for with no financial outlay.
Why Choose Us As Your Claims Service For Your Non-Fault Accident Claim?
Aside from the fact we offer a legitimate No Win No Fee non-fault claims service, there are other reasons why you should choose us to pursue your claim
We are an ethical company, that always keeps the needs of our clients at the forefront of everything we do. No matter how our actions may affect our eventual fee, we will always handle every aspect of your compensation claim in a way that makes sure you have the highest chance of succeeding, whilst receiving the most compensation possible.
Non-Fault Accident Claims FAQs
What happens if you have a car accident and it’s not your fault?
Some key steps, after seeking medical attention, include:
- Taking photos of the scene as evidence
- Collecting witnesses’ contact details
- Seeking help from a personal injury lawyer (though it’s not a legal requirement to do so)
How is negligence established?
Negligence can usually be established if the following criteria is met:
- A third party owed you a duty of care
- That third party failed to uphold their duty
- You suffered as a result of their failure
How long do I have to claim?
Personal injury claims have 3-year time limits, meaning if you claim outside of this period, you won’t be able to get your compensation anymore.
Should I accept first offer of compensation?
If you choose to work with our team at Legal Expert, they’ll advise you every step of the way, including on which settlement offer to accept.
How can Legal Expert help?
Legal Expert is a claims management service with a panel of personal injury lawyers with over 30 years of experience in the industry. For a free consultation to see what we could do for you, please get in touch today.
Do I Get A Courtesy Car In A Non-Fault Claim?
Whether or not you will receive a courtesy car following an accident will depend on the type of insurance you have.
If you are making a non-fault claim and had to pay out of pocket for a replacement car, you could potentially claim this cost back.
For more information on non-fault accidents, get in touch with us at any time.
Get Accident Claims Advice – Contact Legal Expert Road Traffic Accident Solicitors
Our road traffic accident solicitors could help you through every step of your claim. This includes gathering evidence to support your case, organising a medical appointment and potentially negotiating compensation with the faulting party.
Additionally, they could help you under a No Win No Fee agreement, which could benefit you if you are concerned about the costs of hiring a solicitor.
You can get in touch for free non-obligation accident claims advice at any time. Here’s how you can contact our advisors:
- Pop up using the live chat feature on your screen
- Ring our 24/7 support line on 0800 738 804
- Fill out our claim online form and we’ll be in touch
Helpful Links
How Much Compensation Can I Claim For A Car Accident?
Find out how much you can claim if you have been involved in a car accident, even if you are unsure if you can claim contact us today our advice is free.
Whiplash is a very common injury in non-fault road traffic accidents. This NHS published page helps by detailing the symptoms of whiplash so you can decide whether or not you are indeed suffering from it. And if you are, it offers advice on how to lessen the pain. If you think you do have whiplash, we can probably help you claim compensation for it.
Government Think website gives road safety guidelines
This is a UK Government operated website which gives road safety guidelines for a wide range of road users. It has some very useful information regard who is at fault in certain accidents and circumstances. Well worth checking out if you are not sure if you were involved in a non-fault road traffic accident.
Whiplash Compensation Claims – How Much Can I Claim?
Find out how much money you can claim for whiplash contact our whiplash team today for free legal advice on making a compensation claim.
Cycling Accident Claims – Do I Have A Claim?
Find out if you can make a cycle accident claim also find out what amount of compensation you can claim contact our cycle accident team for advice.
Further Helpful Articles
- £10,500 Compensation For A Ruptured Tendon
- £70,000 Compensation For Crushed Toes
- £55,000 Compensation For A Fractured Kneecap
Thanks for reading our non fault accident claims guide.
