Being involved in a road accident is stressful enough, but if it wasn't your fault, you have significant rights that most drivers don't know about. This guide walks you through exactly what to do, step by step.

Step 1: Stay calm and stay safe

Immediately after an accident, check for injuries to yourself, your passengers and any other parties involved. If anyone is injured, call 999. Move your vehicle to a safe position if possible and switch on your hazard lights.

Step 2: Do NOT call your own insurance company first

This is the most important thing most drivers get wrong. When you call your own insurer about a non-fault accident, they may:

  • Raise your premium at renewal
  • Make you pay your excess upfront
  • Affect your no-claims bonus
  • Arrange a cheaper hire car than you're entitled to

You are not legally required to call your own insurer first after a non-fault accident. Instead, contact an accident management company like Road Claim who will recover all costs from the at-fault driver's insurer.

Step 3: Gather evidence at the scene

If it is safe to do so, collect the following evidence:

  • Photos of both vehicles, the damage, and the road layout
  • The other driver's name, address, phone number and insurance details
  • Vehicle registration numbers of all vehicles involved
  • Names and contact details of any witnesses
  • Details of any CCTV cameras nearby
  • The exact location including road name and any landmarks

Step 4: Report to the police if necessary

You must report the accident to the police within 24 hours if anyone was injured, or if the other driver failed to stop or provide their details. You can report to any police station.

Step 5: Seek medical attention

Even if you feel fine immediately after the accident, see a doctor as soon as possible. Injuries like whiplash and soft tissue damage often don't present symptoms for several hours or even days. A medical record is essential for any compensation claim.

Step 6: Contact Road Claim

Once you're safe, contact Road Claim. We'll take care of everything from here:

  • Arrange a like-for-like hire vehicle delivered to your door within 24 hours
  • Organise repair of your vehicle at a local garage of your choice
  • Protect your no-claims bonus. The claim is made against the other driver's insurer
  • Connect you with specialist solicitors for your compensation claim on a no win no fee basis

What are you entitled to after a non-fault accident?

As the non-fault party in a road accident in England and Wales, you are legally entitled to:

  • A replacement vehicle of equivalent type and size while yours is being repaired
  • Full repair of your vehicle at no cost to you
  • No excess payment. This is recovered from the at-fault insurer
  • Preservation of your no-claims bonus
  • Compensation for any personal injuries sustained
  • Recovery of any out-of-pocket expenses caused by the accident

How long do I have to make a claim?

In England and Wales, you generally have three years from the date of the accident to make a personal injury compensation claim. However, the sooner you act, the stronger your claim as evidence is fresher and witnesses are easier to locate. Vehicle damage claims should be made as soon as possible.

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Frequently Asked Questions

Do I have to tell my insurance company about a non-fault accident?⌄
Technically, most insurance policies require you to notify your insurer of any accident. However, this doesn't mean you have to claim through your own insurance. You can notify them while making it clear you are not making a claim through them. Road Claim handles the claim directly against the at-fault party's insurer.
Will a non-fault accident affect my car insurance premium?⌄
If you claim through Road Claim rather than your own insurer, your no-claims bonus is protected and your insurer has no grounds to raise your premium based on the claim.
What if the other driver was uninsured?⌄
You can still make a claim through the Motor Insurers' Bureau (MIB). Road Claim works with specialist solicitors experienced in uninsured driver claims.