Non Fault Accident Compensation Claims Guide

By Mary Dixon. Last Updated 26th January 2024. In this guide, we offer advice on making a non-fault accident claim. We will clarify the meaning of non-fault accidents and answer questions about the process behind non-fault car accident claims. Questions we’ll address will include the following:

  • Will a non-fault accident affect my insurance?
  • How is accident compensation calculated?
  • How much non-fault accident compensation could I receive?

Did you know that if you have been involved in a road traffic accident that was not your fault then you may be able to make a  compensation claim? You could be eligible to claim damages for any physical and psychological injury you have suffered, such as a sprained ankle, or Post-Traumatic Stress Disorder as well as any out of pocket expenses that you have incurred.

In order to be successful when seeking non fault accident compensation, you need to be able to prove that the accident was caused by third-party negligence. Advice.co.uk offer to connect you with road traffic accident solicitors who are ready and waiting to help you achieve the compensation that you are entitled to. Call us today on 0161 696 9685 for further information.

Alternatively, you can also contact us through our website or by using the Live Chat window to see if you can make a non fault claim. Please read on through our detailed guide to find out more about the road traffic accident claims process and making a non-fault accident claim.

A blue car with a dented rear fender sits in the road

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Non-Fault Accidents – What Are They?

In this section, we’ll discuss non fault accidents that could make the basis of a no fault claim. Please remember, however, that all cases are unique, and if your situation is not listed below, it doesn’t necessarily mean you don’t have a valid claim.

Here are a few examples of non fault accidents:

  • If you are on a roundabout, but another motorist pulls out into a vehicle that was already on the roundabout
  • Another car hits a vehicle that was safely or appropriately parked
  • A driver may crash into someone from behind because they did not leave the recommended space between cars

Our advisors can establish if you have an eligible no fault claim completely free of charge if you get in touch. Additionally, they can let you know if a car accident wasn’t your fault.

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Non-fault accident claims guide

Non-Fault Accident Compensation Payouts

If you are making a claim for a non-fault accident, you may wish to know what non-fault accident claims payouts could potentially include. Generally, non-fault accident compensation is calculated on a case-by-case basis: this means that the compensation you could receive would be dependent on the circumstances surrounding your case. For general damages, factors taken into consideration could include:

  • The severity of your injuries
  • The time it might take for you to recover
  • The length and amount of treatment your injuries will require
  • The effect the injuries will have on your day-to-day life

Because of this, it is almost impossible to pinpoint an average compensation payout. However, claimants in England and Wales can get a broad idea of what they could receive by looking at figures from the 16th edition of the Judicial College Guidelines (JCG), which was last released in 2022.

These are guideline figures used by legal professionals to help calculate compensation, but they are by no means guaranteed. The top figure in this table was not taken from the JCG.

Edit
Diagnosis Additional information Estimated Compensation
Multiple Severe Injuries And Special Damages There will be a number of severe injuries combined with financial losses of a substantial nature, such as lost earnings and the cost of prescriptions. Up to £1,000,000+
Moderately severe brain/head injury The injury will have caused a very serious disability £219,070 to £282,010
Less severe brain/head damage Loss of cognitive function following brain injury £15,320 to £43,060
Severe back injury (i) Involving damage to nerve roots and spinal cord £91,090 to £160,980
Severe neck injury (i) Associated with permanent spastic quadriparesis or incomplete paraplegia In the region of £148,330
Severe neck injury (ii) Usually involving serious damage to discs in the cervical spine or serious fractures, leading to disabilities £65,740 to
£130,930
Moderate neck injury (ii) Pain caused by soft tissue injury that is expected to resolve £13,740 to £24,990
Severe arm injuries Permanently restricted movement in the arm. £96,160 to £130,930
Whiplash Injuries + Psychological Injuries Symptoms in this bracket will last for longer than 18 months, but no longer than 24 months £4,345
Whiplash Injuries Symptoms in this bracket will last for longer than 18 months, but no longer than 24 months £4,215

The Whiplash Injury Regulations 2021

Since the introduction of the Whiplash Injury Regulations 2021, the way some road traffic accident claims are made has changed for people aged 18 or over. Now, if your injuries are worth £5,000 or less, drivers and passengers must make their claim through the Government’s online portal.

We recommend that you contact our advisors for a full estimation of what your claim could be worth before proceeding with your claim.

The following sections will provide more information on the types of damages you can claim when making non-fault accident claims. Alternatively, you can get in touch with our team of advisors to learn more about non-fault accident compensation.

How Will Making A Claim Affect My Insurance?

You may be wondering, “Will a non-fault accident affect my insurance?” There is a strong chance that following your non-fault accident, your annual premiums will increase. Each individual insurance company will have a slightly different policy on this, so to get an accurate answer, it is best to speak to your insurance company directly. On average, though, insurance premiums may increase by 30% after a claim.

You may also lose your no-claims bonus after making a claim unless you have chosen to protect it at an earlier date. The good news is that your no-claims bonus will not be lowered as much following a non-fault accident as it would be after an accident that was your fault. Harsher penalties are applied by insurance companies if you make a claim as a result of your own negligence.

You may also be wondering ‘do I have to pay excess if it’s not my fault’? The answer again is to speak to your individual insurance company, but if your policy states that an excess is payable in the event of a claim, then you will still have to pay this excess even if it was a non-fault accident.

A man stands in front of a grey car. The door is open and the front fender is dented.

Evidence Which Can Help Your Non-Fault Accident Claim

When making a non-fault claim for a personal injury, it’s essential that you can provide enough evidence to support your case. This means you should be able to illustrate how the accident happened, who was responsible, and how severe your injuries are.

Some examples of evidence that you could use to support a non-fault claim include:

  • Photographs: Pictures of either the accident site or your injuries could be used as evidence in your claim.
  • CCTV footage: Footage of the accident, such as CCTV or dashcam footage, can help prove who was at fault and how the accident occurred.
  • Medical records: Your medical records can demonstrate the severity of your injuries, and can offer more information on the treatment you have received and will need in the future to recover.
  • Police reports: If the accident was reported to the police, their reports could be used as evidence.

These are only a small selection of the kinds of evidence that could be used in your claim. If you choose to instruct a solicitor to help you with your case, they can assist you in gathering evidence. 

To get more information on how to prove a non-fault accident claim, contact our friendly team today.

Personal Injury Claim Time Limits

If you wish to start a personal injury claim, you must do so within personal injury claim time limits. The time limit for personal injury claims is generally 3 years from the date of your injury. In certain cases, you may not be aware of your injury until much later. In such instances, the 3-year time limit can start from the time of knowledge of your injury.

There are some exceptions to the time limit. In the case of someone with reduced mental capacity, the time limit for personal injury claims is suspended unless mental capacity is restored. The time limitation to start a claim is also suspended for those under the age of 18. In both cases where the time limit is suspended, a litigation friend could help to claim on their behalf.

Get in touch with our advisors to find out if you are still within your time limit to claim.

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What Is A No Win No Fee Personal Injury Claim?

When you make a personal injury claim, you have the option of working with a solicitor. Instructing a legal professional to assist you throughout the claims process can be very beneficial, as a solicitor can help you gather evidence, talk you through the process of claiming, and explain any legal jargon that may come up. 

One benefit of working with a solicitor from our panel is that they work on a No Win No Fee basis. Our panel offer to represent their clients under a kind of No Win No Fee contract known as a Conditional Fee Agreement (CFA).

This means that they generally won’t ask you to pay a fee upfront for their work, nor will they take a fee for their services if your claim fails. However, if your claim succeeds, they will be due a success fee. This is a small percentage of your compensation that is limited by a legal cap, helping to ensure that you keep the larger share of what you receive. 

Contact Us

If you’d like to learn more about making a personal injury claim on a No Win No Fee basis, contact our team today by:

Additional Non-Fault Accident Advice

  • All about Whiplash – An NHS information page on the condition.
  • THINK! – The government’s page on avoidance of road traffic accidents.

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