How do Non-Fault Claims Affect Insurance?

If you’ve been in a car accident that wasn’t your fault, you might be wondering what to do next. Can you claim on your car insurance? Will it affect your future premiums and no claims discount? How is fault determined?

Our guide covers everything you need to know about non-fault claims and how they impact your car insurance.

What is a non-fault claim?

A non-fault claim is when you make an insurance claim for an accident that wasn’t your fault. Your insurance company pays for the damages, but they get the money back from the other driver’s insurer.

Example: If someone hits your car, admits it was their fault and their insurance covers the repair costs, your claim is considered as a ‘non-fault’ claim.

What is a fault claim?

A fault claim happens when your insurance company must pay for damages after an accident but can’t get the money back. This doesn’t always mean you caused the accident. Sometimes, it’s because of things you can’t control, like if the person who caused the accident can’t be found or if an animal caused the crash. In these cases, you must take responsibility.

Example: If someone hits your car and drives away without leaving their details, and you can’t find out who they are, your claim will be treated as a ‘fault’ claim.

How do I find out who is at fault in a car accident?

Insurance companies figure out who caused a car accident by looking at all the evidence, like videos, photos, witness statements and police reports.

Once they understand what happened, they decide who is responsible and inform everyone involved.

To help them make the right decision, you should collect as much information as possible after an accident. Get contact details from witnesses, take photos of the scene, and gather any video footage from CCTV or your dash cam. Then, send all this information to your insurance provider.

Do I need to declare a non-fault accident?

You need to tell your insurance company about any accidents. This applies even if they weren’t your fault or you’re not making a claim because the other party is paying for the damages. Most insurers require you to report all accidents from the past three to five years.

If you don’t tell your insurance company about an accident, they might see it as ‘non-disclosure’. If they find out later, they could invalidate or cancel your policy.

Will a non-fault claim increase my car insurance?

Even if an accident isn’t your fault, your car insurance might still go up. This is because the claim gets added to your record, and some insurance companies might see you as a higher risk, which can raise your premium.

How do non-fault claims impact your no claims discount?

If you’re not at fault in an accident, your no claims discount shouldn’t be affected as long as your insurance company can get back the money they paid out.

However, while they figure out who was at fault, your no claims discount might be temporarily affected. Once they confirm you’re not to blame and recover their costs, your no claims discount will be restored.

The process can vary by provider, so check your policy for details.

How long does a non-fault claim stay on your record?

It varies by insurance provider. Most will want you to share details about all claims, even if they weren’t your fault, from the last three to five years. Some might ask for information from up to ten years ago, but that’s uncommon.

Do you have to pay excess on a non-fault claim?

You might need to pay excess to your insurance company or their repairer after an accident. But if you can show the accident wasn’t your fault, you could get this money back because your insurer can claim it from the other driver’s insurance.

If an uninsured driver hits you, you might also get your excess back. This is possible if your policy includes an uninsured driver promise, like the one in Saga’s comprehensive car insurance for over 50s.

What are my rights in an accident that isn’t my fault?

If you were in a car accident that wasn’t your fault, you’re entitled to make a claim. This will cover damages to your car. Depending on your insurance provider, you might also get a temporary car to use while yours is being fixed.

What if the other driver is not admitting fault?

If the other driver won’t admit fault, you can still make a claim. Just gather as much evidence as possible to show they are responsible for the damages. The claim might go to court, but having more evidence increases your chances of winning.

What happens if my car is written off and it's not my fault?

First, your insurer will need to determine who is officially at fault in the usual way. If the accident was caused by another party and their insurance company admits liability, once they have fully reimbursed your insurer for all the costs associated with the incident (or if they take over the handling of your claim), it will be closed as a non-fault claim.

If your policy includes a replacement car, this will be provided when you use your insurer’s approved repairer network after a UK accident, or until your car is deemed to be damaged beyond repair.

If you’ve added Replacement car for theft and total loss cover to your policy, this will come into effect if your vehicle is written off or stolen and not recovered. With this additional cover from Saga, you can keep the replacement car for up to 7 days after the settlement payment has been made, to give you time to buy a new vehicle.