Car Accident Management After a Non-Fault Accident: What Happens Next

Key takeaways

• Make sure everyone is safe first, and call 999 in an emergency.
• If someone else is hurt, or another vehicle or property is damaged, the law says you have to stop and share your details. Didn't share them at the scene? Then the police must be told as soon as you reasonably can, and within 24 hours at the latest[1].
• Most policies require you to tell your insurer about any accident, even if you don't plan to claim[2]. Check your policy terms.
• Don't accept or apportion blame at the scene.
• Photos, witness details and paperwork can all matter later.
• If you are eligible, an accident management company can coordinate recovery, repairs and a replacement vehicle.

What to do immediately after an accident

Even a relatively minor car crash can be an extremely shocking and distressing experience. The impact can be very loud, especially if any airbags deploy, and your body may be subject to big physical forces. The first thing to do immediately after an accident is to make sure you and anyone else in your car are uninjured, then make sure the occupants of any other vehicles involved are okay. After that, think about traffic. Get the car somewhere as safe as you can, put the hazard lights on and, if there's a hi-vis vest in the boot, wear it. Anyone who isn't hurt should get out of the cars and well away from passing vehicles. Engines off. Nobody should be smoking near damaged cars. If someone is injured, or the cars are stuck somewhere dangerous, ring 999 and be ready to say exactly where you are. Leave injured people where they are unless staying put would put them at greater risk. A motorcyclist's helmet stays on, too, unless taking it off is essential and you have been trained to do it. If the emergency services are on their way, wait for them. Then be ready to swap details with the other driver. That's the short version. The full checklist, first aid included, is in Rule 283 of the Highway Code on GOV.UK[3], and our guide on what to do after a car accident goes into more depth.

Reporting the incident

Not every bump needs a 999 call. Police UK's advice is to call 999 when someone is in danger or seriously hurt, when you think a serious offence has been committed, or when the crash has blocked the road or left a dangerous obstruction[4]. Separately, there is a legal duty to stop. It is set out in section 170 of the Road Traffic Act 1988, which covers England, Wales and Scotland. It applies when the accident injures someone else or damages another vehicle or someone's property. In that situation you must stop, and anyone with reasonable grounds to ask is entitled to your name and address, the owner's name and address if the car isn't yours, and the registration number. What if those details don't change hands at the scene? Then you have to report the accident to the police yourself. Do it as soon as you reasonably can; 24 hours is the absolute limit. The same applies if someone was injured and you didn't show your insurance certificate at the time. Whether or not the emergency services are needed, gather and record as much information as you can about the accident. It will help with a car insurance non-fault claim and any other legal matters arising from it. Useful evidence includes:

• The details of other drivers involved in the accident (name, address, phone number, etc), and the owner if they are not the same person, plus any passengers
• The details of other vehicles involved including make, model, registration, colour, whether its lights were on if relevant
• The extent of the damage to your vehicle and any others involved
• The exact location of the accident, e.g. at the junction of John Street and Smith Road
• The time of day, weather and light conditions
• The condition of the road, e.g. wet, dry, greasy, rough, potholed, etc
• A map of the scene before and after the accident, showing the direction the vehicles involved were travelling and where they came to rest; the location of any road furniture and skid marks, and distances between them and the vehicles
• The details of and statements from any witnesses
• Dashcam and CCTV footage

Take as many photos and/or videos as you can, as well, showing both the 'big picture' of the scene, and smaller details. You can also gather the information above on camera if you don't have pen and paper to hand. In the days that follow, keep adding to the pile: any police reference number, repair estimates and invoices, recovery and storage paperwork, and every letter or email from an insurer. Jot down anything you said or were told at the scene while you still remember it. It's important not to accept or apportion blame at the scene, as this could affect an insurance claim not at fault or any other legal matters arising from the accident. Next, tell your insurer. Most policies require you to tell your insurer about any accident, even if you don't plan to claim. Check your policy terms. If you believe the accident wasn't your fault and you are eligible, you can use accident management services to arrange recovery, repairs and a replacement car. We've also compared going through an accident management company with going through your insurer. Not all car insurance claims involve another driver at the scene. If your car was hit while parked, some of the steps are different.

Getting your vehicle recovered

If your car is not safe to drive after the accident, it will need to be recovered. Not sure whether it's safe? Don't drive it. You could arrange recovery yourself, but it can take time to find a company that can come promptly, and it can be expensive. Your insurer or, if you are eligible, an accident management company can arrange it. When the recovery vehicle arrives, your car will be taken from the scene to the recovery company's yard, a repairer or another location. It may be some time before you see your car again, so take out anything you're likely to need in the meantime.

Getting your car repaired

Once your claim is made, an engineer or vehicle damage assessor will usually look the car over and decide whether fixing it makes sense, both for safety and cost[5]. If it doesn't, the car may be written off. It will be placed in one of four categories (A, B, S or N), and you would usually be paid what the car was worth rather than having it repaired. If it can be fixed, it will usually go to an approved repairer. You may have a choice of locations and dates. How long the work takes comes down to the damage and how quickly parts arrive; it could be a few days or several weeks. Your insurer should tell you if a delay looks likely[6]. If you need a car in the meantime, you may be able to get a replacement car after the accident.

Getting a replacement vehicle while your car is being repaired

Many insurance policies include a courtesy car while your car is being repaired, often only if it goes to the insurer's approved repairer. It may be smaller than your own car, and the terms depend on your policy. Non-fault accident claims can work differently. You may be offered a replacement car on credit hire terms instead, depending on your eligibility and whether you need a car[7]. Replacement vehicles and repairs may be provided on credit terms. Where liability is accepted or established, the hire company or repairer seeks the charges from the at-fault insurer. If liability is disputed or costs can't be recovered, you could become responsible for some or all charges. The terms should be explained to you before you sign anything.

Communicating with your insurance company

You may find you end up talking to quite a lot of different people when you make an insurance claim for accident damage to your car. There may be several claims handlers at your insurance company, and people from the recovery company, bodyshop and hire company to deal with. You can end up spending a good deal of time on the phone or sending emails. Make sure you keep a file of all emails and letters you receive, and record any phone calls you have with recovery companies, insurers, car hire companies and bodyshops. Then you will have a full record of what was promised, cost estimates and final bills, and who said what, should any disputes arise.

Dealing with liability investigations

When an accident involves two or more vehicles, the insurers need to establish who is liable, meaning who caused the accident. If a driver is found to be at fault, their insurer would normally be expected to cover the reasonable cost of repairs to the other vehicles involved. Sometimes the blame is split, 50/50 for example[8]. If you are not to blame, it is treated as a non-fault accident. Investigating who is at fault can take some time. Depending on the situation, there may be rounds of claim and counterclaim between the drivers involved, and witness statements may be needed. The insurers may even need a police accident investigation report, or an assessment from an independent expert. Fault in car accident claims such as side-impact collisions at junctions can be particularly hard to settle without independent evidence. If you claim on your own policy, your no-claims bonus may be affected until your insurer gets its money back from the other driver's insurer [8].

Reaching a resolution for your claim

A claim usually ends one of two ways: the car comes back repaired, or it is written off and you are paid based on its market value[9]. Getting there can take time, especially when liability is disputed.

Common mistakes to avoid after a non-fault car accident

In the heat of the moment, it is very easy to admit or accept something it's best not to, or forget to gather some of the information you will need later. These are the mistakes worth avoiding, at the scene and in the weeks after:

• Not reporting an accident to the police when necessary
• Admitting fault or apportioning blame at the scene of the accident
• Not taking photos at the scene of the accident
• Failing to get the details of any witnesses
• Not seeking independent advice
• Not keeping paperwork from recovery, car hire and insurance companies
• Accepting an insurer's offer without understanding what it covers
• Not telling your insurer about the accident
• Signing hire or repair agreements without reading them

FAQs

Do I have to call my insurer after an accident? Usually, yes. Most policies require you to tell your insurer about any accident, even if you don't plan to claim. Check your policy terms. Leaving it late could cause problems if you do claim. Do I have to call the police after an accident? Not always. Call 999 if someone is in danger or badly hurt, you think a serious offence has been committed, or the road is blocked. You also have to report it within 24 hours if you didn't give your details at the scene, or if someone was injured and you didn't show your insurance certificate. What is a non-fault car accident? One you didn't cause. It matters because fault decides whose insurer pays for the repairs, and unless things are clear-cut, settling it can take a while. Is liability different to fault? They are closely linked; the liable driver is usually the one at fault. But liability can be shared, and a claim can still be recorded as a fault claim if your insurer can't recover its costs, even when you weren't to blame. What if the other driver denies fault? Then evidence does the talking: dashcam or CCTV footage, witness statements, photos of the scene and any police report. The insurers may also bring in an independent expert. If nobody can agree, liability may be shared.

Final word

Being involved in any sort of car accident is likely to be a shocking and distressing experience that could leave you feeling shaken for some time afterwards. But, in the moment, it's important that you remain as calm as possible to deal with the situation effectively. Make the scene safe and check everyone involved is okay. If someone is seriously hurt, the road is blocked or you think a serious offence has been committed, call 999. Then get as much down as you can, on paper or in photos and video. Details that seem obvious at the roadside are easy to lose a week later. Tell your insurer about the accident, and keep the paperwork together in one place. If you believe the accident wasn't your fault, car accident management through a company such as Claimsline may be able to coordinate recovery, repairs and a replacement vehicle, subject to eligibility. Whoever arranges it, don't sign anything until you understand it.

How Claimsline can help

Claimsline is not an insurer or a solicitor. Where you are eligible and the service is available, Claimsline can arrange recovery, repair, a replacement vehicle or credit hire.

Replacement vehicles and repairs may be provided on credit terms. Where liability is accepted or established, the hire company or repairer seeks the charges from the at-fault insurer. If liability is disputed or costs can't be recovered, you could become responsible for some or all charges. The terms should be explained to you before you sign anything.

Most policies require you to tell your insurer about any accident, even if you don't plan to claim. Check your policy terms.

If you believe your accident wasn't your fault and want to understand your options, you can call Claimsline on 0333 006 8282.

Claimsline is authorised and regulated by the Financial Conduct Authority in respect of regulated claims management activities (FRN 831196).

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This article is general information, not legal advice. Your options depend on the circumstances of your accident and the terms of your insurance policy.

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References

1. the police must be told as soon as you reasonably can, and within 24 hours at the latest - https://www.legislation.gov.uk/ukpga/1988/52/section/170
2. Most policies require you to tell your insurer about any accident, even if you don't plan to claim - https://www.gov.uk/vehicle-insurance/if-youre-in-an-accident
3. The full checklist, first aid included, is in Rule 283 of the Highway Code on GOV.UK - https://www.gov.uk/guidance/the-highway-code/breakdowns-and-incidents-274-to-287
4. Police UK's advice is to call 999 when someone is in danger or seriously hurt, when you think a serious offence has been committed, or when the crash has blocked the road or left a dangerous obstruction - https://www.police.uk/advice/advice-and-information/rs/road-safety/collisions/
5. Once your claim is made, an engineer or vehicle damage assessor will usually look the car over and decide whether fixing it makes sense, both for safety and cost - https://www.gov.uk/scrapped-and-written-off-vehicles/insurance-write-offs
6. Your insurer should tell you if a delay looks likely - https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/vehicle-repairs
7. You may be offered a replacement car on credit hire terms instead, depending on your eligibility and whether you need a car - https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/credit-hire-credit-repair-services-following-no-fault-accident
8. Sometimes the blame is split, 50/50 for example - https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/fault-claims-no-claims-bonuses
9. A claim usually ends one of two ways: the car comes back repaired, or it is written off and you are paid based on its market value - https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/vehicle-valuations-write-offs