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No-Fault Vs At-Fault Accidents: Your Rights And Responsibilities

Written by Jack Thomas | Jul 14, 2025 8:00:00 AM

Whether you caused an accident because of a momentary lapse in concentration or you were simply in the wrong place at the wrong time, being involved in an accident can be tough to deal with.

Aside from getting your vehicle repaired (something we can make much easier and straightforward for you), whether you have to pay for it, or the other party does, and when to speak to your insurer or the police are all things you need to consider.

Legal Obligations Post-Accident

You’re legally required to stop and exchange details with the other driver, including your name, address and name of your insurer. Call the police straight away if someone is injured, property has been damaged, certain animals like a dog or livestock have been injured/killed, or the road is blocked. You should also call them if the other driver leaves the scene without providing details, if you think they don’t have insurance, are driving under the influence of alcohol or drugs, or suspect they caused the collision deliberately.

You should inform the police within 24 hours of any accident. If you don’t, you could be fined, receive points on your licence or be disqualified. You should also notify your insurer even if you’re not planning to claim.

Determining Fault In Accidents

The UK operates an at-fault system, which means the driver who caused the accident is liable for damages. Each insurer will want to know the answer so they can decide who should settle the claim. In plenty of cases, fault is clear-cut – one party accepts liability, and their insurer pays for repairs and compensation.

However, there are equally cases where it’s not obvious. Here, a claims adjuster from your insurer will assess the evidence. Lots of factors affect who is at fault – the damage to the vehicles and property, the position of the cars, the speeds at which you were both travelling, skid marks on the road, driving conditions at the time and any witness statements.

Even if the other driver admits primary liability for the accident, they may allege you contributed to it, for example, they caused it, but you could’ve done something which avoided it or reduced its severity.

If you’re found to be at fault:

  1. Your insurer will pay the damage and any compensation claim
  2. You will have to pay the excess on your policy
  3. You may lose any no-claims discount
  4. Premiums may increase at renewal
  5. You may receive points on your licence or face legal action
  6. Your insurer may deem you too high a risk and cancel your policy

How To Dispute An At-Fault Accident

Gather together evidence (photos, sketches, witness accounts, police report if applicable) and contact your insurance company to explain why you don’t think you were at fault. If your insurer still says you were to blame you can escalate it through their internal channels. You can also speak to an independent solicitor.

Rights Of The Non-Fault Driver

If it’s determined to be a no-fault car accident i.e. you didn’t cause it, you have the right to have your vehicle reinstated to its pre-crash condition and to have a replacement car during the repair period. You will also be able to seek damages for any injury, medical expenses, loss of earnings and any other related costs.

Insurance Premium Implications

It seems unfair, but even if the accident wasn’t your fault, you’re highly likely to see your insurance premiums increase. This is because insurers base their costs on risk, and even if it wasn’t your fault, statistically speaking, if you’ve had one accident, there’s a higher chance of you having another.

If you weren’t at fault, the premiums won’t increase as much as if it were an at-fault accident. You’ll also keep your no-claims discount. If you were at fault, you’d lose this unless you have protected no-claims.

If you’ve been in an accident and need a repair, EvolveArc can help. We’re a one-stop shop for accident repair, dealing with everything from start to finish. We’re one point of contact, we speak to your insurer, and we supply you with a courtesy car for the duration. No drama, no fuss.

Get in contact with the team at EvolveArc today!

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