Proving Fault After a Car Accident

author image - cai

By Cai Bradley

on Friday 1 December 2017

two men by car

Proving who is at fault in a car accident is an essential part of the claiming process, as the at-fault party’s insurance is typically responsible for covering the costs and compensation of the injured or non-liable individuals. 

Here, we give you an extensive guide outlining how to claim after a car accident, how you can prove who was fault, and all the information you need regarding non-fault claims.

Click on a link below to skip to a section: 

How to Claim After a Car Accident

Determining Fault in an Accident

Proving the Fault of a Car Accident

Injured and Can’t Record Details?

What is a Non-Fault Claim?

How to Make a Non-Fault Claim

Non-Fault Accident Affect on Insurance

Declaring Non-Fault Claims

Non-Fault Accident:  Replacement Vehicle

Non-Fault Accident Payout

How to Claim After a Car Accident

Following a car accident, you must seek medical advice immediately – for your own and others’ injuries – before thinking about anything else.

Once you are sure that you (as well as any other drivers) are safe, you should then attempt to gather as much information about the incident as possible – including the details of the other parties and any witnesses.

Taking photographs is also key in providing you with useful evidence, which will be discussed later in the article.

Then, notify your insurance company and ensure that you make them aware of all the available information.

So, what about determining the fault of the car accident?

How to Determine Who is At Fault in a Car Accident

Generally, the car accident fault determination rules in the UK will place the fault on the vehicle that hits the car from behind in the event of a rear-end collision.

It is very rare that you will be hit from behind and be found liable for the car accident, as a basic rule of the road in the UK is to drive with the ability to stop safely if the traffic ahead stops, regardless of the reasoning.

In the event of a left-turn car accident, the fault is usually determined by the damage on the vehicle, but the vehicle turning left is most commonly held liable.

Of course, the rules are not necessarily set-in-stone, and not every rear-end shunt is the blame of the driver of the car behind.

If the driver in-front breaks harshly without any justification, it may be found that the driver behind had no fault in the accident.

Believe it or not, some drivers have been found to slam on purposely – knowing that the car behind will hit them – in order to claim compensation from a rear-end collision.

Thankfully, there are systems in place to spot those false claims, but be wary and keep two to four seconds between you and the car in front.

Establishing the fault in T-Bone car accidents can be less straight-forward, and may require more detailed analysis of the situation.

Determining the fault of a car accident is, of course, a carefully considered process of analysis, individual for each claim.

So, if you feel that you are not liable, how do you prove who the fault lies with?

Proving the Fault of a Car Accident

In most cases, it is left to the car insurance companies to determine who is at fault for the incident, doing so through ‘claim adjusters’.

The role of the claim adjuster is to determine who caused the car accident by using all relevant evidence from the scene of the car crash.

Evidence can include a range of reports and documents, such as police reports and witness testimonies.

In order to give yourself the best chance of proving that your account of the accident is what happened, there are a few things you can do.

Going to the hospital or a GP after an accident is crucial, no matter your injury, as this creates genuine, professional medical documentation which can be highly valued as evidence during an investigation.

You must also – if circumstances allow – gather as much information as possible about witnesses, or at least their accounts of what happened, as these can be used as evidence also.

As previously mentioned, taking photographs yourself or having someone do so for you is a reliable source of evidence and could undoubtedly help your claim.

Make a note of CCTV in the nearby area if you get a chance as these cameras can often visually prove exactly how the event occurred, if you’re lucky.

Car accident experts often state that, even if you think you may be partly to blame, it is important not to admit fault for the accident until your insurer (or claim adjuster) reviews the evidence.

Some even advise you not to be overly apologetic, as this can be considered as an admission of guilt (contributory negligence).

In order to prove you are not at fault in a car accident, or that another driver who will not admit fault actually is liable, gathering evidence is hugely important. You may kick yourself if you don’t.

What if I’m Injured and Can’t Record Any Details?

If you are unable to gather details of the incident due to an injury, there should be someone at hand – whether that’s a witness or police officer – to record the details for you.

If you are seriously injured, your solicitor may also contact a motor engineer to inspect your vehicle, determining where exactly the car was impacted and the extent of the damage.

An Accident Reconstruction Report can also be carried out, which is usually an extensive process that further develops evidence for more serious cases, where a party is severely injured.

Give us a call today and we will walk you through the process of determining the fault of a car accident, providing you with free and impartial non-fault accident advice.

In most cases, one person has complete liability and admits to it. If that is your situation, you should be seeking a non-fault claim.

What is a Non-Fault Claim?

A non-fault claim occurs when you are not at all liable for an accident, meaning that your insurance company is able to recover the total amount of a claim from the driver who caused the accident.

That is, the liable party covers the whole cost of the claim as it has been proven that you had no fault in the incident.

This is usually the situation following a rear-end collision, one of the most common types of car accidents and one which usually has a clear liable party.

How to Make a Non-Fault Claim

You can begin your non-fault claim by calling us for free today, or by completing our short contact form.

Should you do so, we will be in touch at a time that best suits you, ready to advise you and answer any questions you may have.

One of our expert team of non-fault accident advisers will be able to provide the best advice for your particular situation, ensuring that we deliver you the compensation that you are entitled to.

Will Non-Fault Car Accident Claims Affect my Insurance?

Unfortunately, a non-fault claim is likely to increase your insurance premiums, despite you not being liable for the incident.

Insurance companies use risk calculations to produce the price of your insurance, and drivers that have previously had a car accident are more likely to have another one in the future – according to statistics – regardless of who was at fault.

The accident could have occurred due to your commute to work being on a very busy road, or you living in an area with lots of narrow country roads, and the insurers see this as a risk.

Rightly or wrongly, your insurance is likely to increase. However, your no-claims bonus (NCB), or no-claims discount (NCD), should not be affected by a non-fault claim as long as all the compensation is recovered from the third party insurance company.

Be aware that you are not 100% guaranteed to keep your no-claims discount, as insurance companies do tend to vary in the way in which they deal with non-fault claims.

Call us today and our advisory team will provide you will all the information you need regarding your insurance premiums and NCB.

Do Non-Fault Claims Need to be Declared?

All insurance providers require you to declare any accident that you have been involved in during the last five years to them, whether it is big or small, non-fault or at-fault.

If you do not, and the insurers find out, they often invalidate your policy. It’s better to be safe than sorry; always declare a non-fault claim.

It’s also worth noting that you are legally required to report any accident to the police within 24 hours, whether you use the ‘999’ number or ‘101’ for non-emergencies.

Non-Fault Accident:  Replacement Vehicle

Unless agreed otherwise, it is not necessarily compulsory that you receive a credit hire car following a non-fault claim, but you can receive a replacement vehicle through Non Fault Claims.

If you are involved in a non-fault claim, you can also claim against the liable party’s insurer for the cost of the courtesy car.

As long as it is a similar price to your car that was involved in the accident, you can receive a courtesy car following a non-fault claim for the duration that your car is off the road.

Here at Non-Fault Claims, we will always aim to secure your replacement vehicle before the end of the next working day.

We understand the importance of being on the road, and the inconvenience caused by not being able to drive, so rest assured that we will deliver the replacement car as soon as circumstances allow.

Read more about our replacement vehicles policy here.

How Much is a Non-Fault Accident Compensation Claim Payout?

Proving the guilty party of a car accident and being successful in your claiming process is quite the relief.

The amount you receive in compensation for a car accident can fluctuate anywhere between £100 and over £100,000, depending on a variety of factors, namely the severity of any injuries and the impact the accident has had on your life.

The higher payouts are usually a result of a severe injury, for example, when the claimant has damaged his/her spine and mobility is affected.

You can also be compensated for any losses of earnings, should you be unable to work as a direct result of the car accident.

If you have been injured in a car accident, take a look at our injury payout guide, which provides an extensive list of all injuries and their compensation payout in relation to their severity.

Non-Fault Car Accident Advice

Whether you want to know more about how to prove the fault of a car accident, need help proving the fault, want to begin your non-fault claim, or simply want more information on any of the topics, contact us today.

Whatever your situation, our team of car accident experts are at hand to provide you with the services you require on a No Win No Fee basis.

0808 1454275

Non Fault Claims can help you begin your potential claim, get in touch today!

non-fault car accident road traffic accident proving fault Car Insurance at-fault compensation