How To Claim Compensation For A Non Fault Accident

By Danielle Griffin. Last Updated 21st March 2023. Welcome to our guide on claiming non fault accident compensation. Here, you will find a full and detailed guide to making a non fault accident claim for a collision that you have sustained a personal injury in. Non fault accident claims are some of the most usual kinds of cases we pursue on behalf of our customers. But what is a non fault claim, and do you have to declare non fault claims to your insurer?  We answers questions, such as “What can I claim for in a non-fault car accident?’ and ‘What are the latest non fault accidents compensation payouts guidelines?’

For help starting your non-fault accident compensation claim, then you can call Accident Claims UK on 0800 073 8801, and we will help get your road traffic accident claim in motion.

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Comprehensive Advice On Making A Claim After A Collision That Wasn’t Your Responsibility

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Non-fault accident compensation – what could I claim?

This guide to claiming compensation for a no-fault car accident aims to answer questions such as, “what is a no-fault car accident?” and more.

In a collision that was not your responsibility, you, as the driver, is not to blame for the collision happening. It will be a third party, such as another driver, a pedestrian, or a cyclist. In these cases, there is a very simple and straight route to claiming the third party who is clearly at fault for causing the collision.

Non fault Accident Compensation Claims – Your Questions Answered

This guide explains what this type of claim is, how they happen, and what the process is for pursuing a damages settlement for a personal injury caused by one. It contains information and advice, such as:

  • What is a collision that wasn’t your responsibility? How is it defined under UK laws?
  • A list of the most usual kinds of collisions that weren’t the responsibility of our customers we regularly claim compensation for.
  • Information on the difference in claiming a collision that was not your fault while driving your own car versus a hire car.
  • Advice to people who have been injured in a collision that was not their fault while they were driving a vehicle provided by your employer as part of their job of work.
  • Data on how much you can expect to receive compensation for a range of personal injuries that you might sustain in a collision that was not your fault.
  • Information on the process of beginning your case for compensation for a personal injury sustained in a collision that was not your fault.

If you want to ask any questions about the information given in this guide or require further help with claiming non fault accident compensation, then please do call us on the number that you will find at the end of this guide. We will do our very best to help you claim compensation for a non-fault accident on a No Win No Fee basis.

What Is A Non Fault Accident?

When considering claiming for non-fault accident compensation, the most important piece of non-fault accident advice you will receive is when your legal firm confirms that it was indeed a collision that was not your fault.

The legal definition of a collision that isn’t your responsibility is an accident that the victim has been involved in. It is irrefutably true that they had absolutely nothing to do with causing the collision. Instead, the blame can be proven without any measure of doubt, to be settled on one or more third parties.

If you were caught in a collision that was not your fault, whether you have been injured, or suffered damage to your vehicle, then call Accident Claims UK on the number at the end of this guide to begin your claim.

Examples Of Non Fault Accidents

Some types of collisions are more often seen as a reason to pursue a no-fault car accident claim than others. Whether you have had a little paintwork scratched, through to a full non-fault accident write off or a serious injury, these causes below are the most common:

  • Somebody running into your vehicle from the rear – this is arguably the most common type of road traffic collision of all, that is not the driver’s responsibility. When a person is driving behind your vehicle a little too closely, and lack of care and attention causes them to rear shunt you by missing your breaking manoeuvre, a reason to pursue compensation will exist.
  • Dangerous driving – if a person driving dangerously (and it can be proven they were) hits your car, causing a collision, then you a reason to pursue compensation will exist.
  • Careless driving – if a person driving carelessly (and it can be proven they were) hits your car, causing a collision, then a reason to pursue compensation for a non-fault accident will exist.

If you were caught in a collision like these above and would like to claim no-fault accident compensation, contact Accident Claims UK now.

How To Make A Non Fault Accident Compensation Claim

Did you have a car accident that was caused by someone else’s negligence? If so, and you have questions about how to claim for non-fault accidents, they might relate to what actions you need to take to make a claim.

The following steps could help to make it easier to gather evidence for claims relating to non fault accidents:

  1. Get medical attention. Not only could this ensure you get treatment for your injuries, it could also produce useful medical records which can be used as evidence to support your claim. You may also need to attend an independent medical assessment which can provide further details on the extent of your injuries. 
  2. Take photographs of the scene of the accident and your injuries. Photographic evidence could be helpful in supporting your claim for non fault accident compensation. If your property is damaged, it could be wise to include photographs of the damage. For example, you could claim car accident compensation for damage to your vehicle caused by an accident in which you suffered harm. 
  3. Note down contact details for any witnesses. A solicitor can take a statement at a later date.
  4. Keep documents relating to any costs and losses caused by non fault accidents. These could include payslips for loss of income, or repair costs for damage to your car, for example.
  5. Get legal advice to check your eligibility to claim. You’d need to fulfill the criteria to claim non fault accident compensation. To be eligible to make non fault accident claims, you’d need to be able to prove someone breached their duty of care to you. You would also have to prove the breach caused your injury. 

Am I Eligible For Non Fault Accident Compensation?

You may wish to know, ‘what is a non fault claim?’. You could claim for a non fault car accident if you weren’t at fault for the accident that caused your injuries.

For a non fault car accident claim to be valid, the claimant must have suffered injuries due to a breach of duty of care.

Call our advisors to learn more about what could be included in non fault accident compensation claims.

Non Fault Accident Compensation – How Much Could I Receive?

All no-fault accident claims are different. Various factors can impact compensation payouts, including the severity of your injury and any related financial losses.

If your non-fault car accident claim is successful, you will receive called general damages. This element of your non fault accident compensation is for your pain and suffering.

Our table below uses figures from the Judicial College Guidelines (JCG), which was last updated in 2022. The JCG contains a listing of injuries alongside compensation brackets and is used by legal professionals to help assign a rough value to your injuries. 

Edit
Injury Notes Compensation
Serious injuries to the leg. (iii) All injuries that immobilise the leg until healed, such as compound fractures which result in some long-term loss of use. £39,200 to £54,830
Severe ankle injuries (b) Significant residual disability such as ankle instability and limited walking ability from injuries that have an extensive treatment time. £31,310 to £50,060
Wrist injuries (b) All injuries that immobilise the wrist until healed, such as compound fractures which result in some long-term loss of use. £24,500 to £39,170
Less serious injuries to the hand. (g) Fractures, soft tissue damage, cuts, bruising and lacerations with loss of usability for the short-term. £14,450 to £29,000
Moderate injuries to the back. (ii) Backache from injuries that disturb the ligaments and muscles, or soft tissue injuries exacerbating an already existing back issue. £12,510 to £27,760
Moderate injuries to the foot. (f) All injuries that immobilise the foot until healed, such as simple fractures. £13,740 to £24,990
Arm fracture (d) Such as fractures in the shorter bones of the lower arm that are simple in nature. £6,610 to £19,200
Moderate injuries to the neck. (iii) Injuries that heal in the medium-term and will be painful until they do. £7,890 to
£13,740
Moderate to minor elbow (c) Elbow injuries that don’t cause permanent impairments, such as simple fractures, tennis elbow or lacerations. Up to £12,590
Whiplash Tariff Whiplash along with a psychological injury that lasts longer than 18 months but not longer than 2 years. £4,345
Whiplash Tariff Whiplash symptoms that last longer than 18 months but not longer than 2 years. £4,215

Some non fault accident claims may also include special damages. Under special damages, you can recover financial losses incurred because of your injuries if you have evidence. Examples include:

  • Prescription costs could be recovered with receipts
  • Loss of earnings could be recovered with payslips
  • Home and/or vehicle adaptions could be recovered with invoices

For a much more accurate estimate of how much compensation you could pursue for a no-fault collision, use the contact details found in this guide to get in touch.

How Could The Whiplash Reforms Affect My Claim?

As you can see from our table above, we’ve included whiplash tariffs from the Whiplash Injury Regulations 2021. If you suffer whiplash, your non fault accident compensation will be assigned a tariff amount. This is due to the Whiplash Reform Programme that came into effect on the 31st of May 2021. In addition, if you meet certain requirements, your entire claim must be made through the reform programme.

Drivers or passengers in a vehicle over the age of 18 in non fault accident claims must make their claim through the whiplash reforms if the eligibility criteria applies. However, each injured party must make their own claim.

Injuries suffered must be valued at £5,000 or less to claim under the reforms. If you suffered from a minor injury other than whiplash, such as a rib fracture, this will be assigned value based on the compensation bracket in the JCG. If you are also claiming special damages, the overall value of the claim cannot exceed £10,000.

Call our advisors to learn more about the no fault insurance claim process. They can value your claim for free. This can help you decide if you should be claiming through the reforms.

Conditional Fee Claims For A Collision That Wasn’t Your Responsibility

A solicitor could help you claim non-fault accident compensation. If you are concerned about the costs of hiring one, you could find a solicitor that works under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

Under this type of funding arrangement, your solicitor will generally not charge an upfront solicitors fee to start working on your non ault car accident claim. If non fault accident claims are successful, a success fee is taken from the payout. The amount that can be taken is legally capped. Should your non-fault claim prove unsuccessful, you will not need to pay your solicitor.

If you would like to know more about the no-fault insurance claims process, our advisors can answer your questions. If they believe you have an eligible non-fault accident compensation claim, you could be put in touch with our No Win No Fee solicitors.

To get in touch:

Non fault accident compensation- FAQs

What’s the average settlement for a car accident where I wasn’t at fault? 

Non fault car accidents can cause a wide variety of injuries. It’s therefore difficult to put a value on the average personal injury settlement for a non fault accident. Each claim is unique and, as such, will be assessed on a case-by-case basis.

Whose insurance pays in a no-fault accident?

The other driver’s motor insurance covers the cost even if they’re the victim. Though, it could mean paying a larger excess.

What does no-fault insurance pay for?

This covers medical expenses, loss of earnings and other related expenses.

How can I lower my car insurance after an accident?

Telling your insurers helps. Plus, try using other available discounts and also taking up additional driving classes as a result of the accident.

Will a non-fault accident affect my insurance in the UK?

If you’re wondering whether a non-fault accident could affect your insurance in the UK it depends on several factors. For more information, you should speak with your insurance company.

Do you have to declare non fault claims to your insurer?

We would advise that you do declare non fault claims to your insurer. This way, if the other party tried to make a claim against you, your insurer would already be aware of the incident.

What happens to a no fault insurance claim if the other party isn’t insured?

If the other party that caused the accident has no insurance, the no fault insurance claim process could be somewhat different than in a traditional claim. Instead of claiming against the at fault party’s insurer, you could claim through the Motor Insurers’ Bureau. We could help with such claims. 

Useful Links Relating To Non-Fault Accident Compensation

We hope you have learned a lot about how to claim non fault accident compensation.