By Mary Dixon. Last Updated 22nd November 2022. 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.
Select A Section
- A Guide To Non-Fault Accident Compensation Claims
- Non Fault Accidents – What Are They?
- Non-Fault Accident Compensation Payouts For 2022
- What Can My Non-Fault Accident Claim Include?
- Common Types Of Road Traffic Accidents
- Can I Claim If I Was Not Injured?
- How Will Making A Claim Affect My Insurance?
- Evidence Which Can Help Your Non-Fault Accident Claim
- Claims For Courtesy Car Non-Fault Accidents
- Claims For Workplace Accidents Without Fault
- Claim Accident Compensation – Top Tips To Claim
- Personal Injury Claim Time Limits
- How You Can Start Claiming Compensation For A Non-Fault Accident
- No Win No Fee Compensation For A Non-Fault Accident
- Why Make Your Non-Fault Claim With Our Team?
- Contact Our Advisors Now To Make A No Fault Car Accident Claim
- Additional Non-Fault Accident Advice
A Guide To Non-Fault Accident Compensation Claims
Non-fault accident claims guide
Following a car accident that was not your fault you may have a number of questions about what you should do next. Our detailed guide aims to answer your questions and advise you what course of action you should take next. We will explain what the non fault accident meaning is and what you should do if you have been involved in an accident. You may be wondering what a claim will do to your insurance premiums and no claims bonus, we will explain.
You may want to make a non fault claim due to suffering injuries, such as a soft tissue injury or fractured rib. We will also run through different car accident scenarios. Whose fault it is will depend on the circumstances that caused your injury. You would only receive compensation for a non fault claim if another person’s negligence is deemed to be at least partially responsible for the accident.
You may have suffered personal injury as well as financial loss and may be looking for the best car accident claims company to represent you in a personal injury claim. Advice.co.uk are a highly professional company that has many years of experience in dealing with this type of personal injury claim. Please read on and then contact us to begin claiming the compensation you deserve.
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.
Non-Fault Accident Compensation Payouts For 2022
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.
| Diagnosis | Additional information | Estimated Compensation |
|---|---|---|
| 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 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 |
| Moderate neck injury (iii) | Exacerbation of a pre exisiting condition caused by soft tissue injury | £7,890 to £13,740 |
| Severe arm injuries | Permanently restricted movement in the arm. | £96,160 to £130,930 |
| Less severe arm injury | There will be significant disabilities but a substantial degree of recovery will take place or has already taken place | £19,200 to £39,170 |
| Severe back injury (i) | Involving damage to nerve roots and spinal cord | £91,090 to £160,980 |
| Serious leg injury | Leading to a long-term disability | £39,200 to £54,830 |
| Less serious leg injury (i) | Soft tissue or fractures from which an incomplete recovery is made | £17,960 to £27,760 |
| Moderate or minor elbow injury | For example, a laceration with full recovery | Up to £12,590 |
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.
What Can My Non-Fault Accident Claim Include?
General damages
Pain and suffering
General damages covers any physical injury that you have suffered as a result of your accident. The exact amount you may expect to receive after you have had an accident will depend on the details of your case but on the whole, the more serious the accident, the more you can expect to receive.
Mental suffering
Under general damages you may also be able to claim for any psychological hardship you have suffered as a result of the incident. This can include stress, depression and anxiety. Following a traumatic accident you are likely to have suffered some level of worry both about your physical health and potential financial hardship. This could increase the amount received from a non fault claim.
Loss of quality of life
If you are likely to be affected long-term by your injuries then this can seriously impact upon the quality of your life. Your general damages payout will take this into account.
Special damages
Loss of earnings
In a non fault car accident injury claim, you will be compensated for any loss of earnings that you have suffered as a direct result of the incident. If your injury is so severe that you are unable to return to the same job, and may have lost out on any chance of career progression, then this will be taken into account when awarding your special damages.
Medical expenses
If you have been liable to meet the cost of any medical expenses that are directly related to the incident then you can claim these back as long as you have documentation or receipts. This can include cost of medication and rehabilitation.
Travel expenses
If you have incurred any out of pocket expenses for travel costs, for example transport to and from hospital appointments then these can also be claimed back as long as you have retained the correct documentation.
Care costs
If your injuries were severe and debilitating then you may have been unable to carry out daily tasks around the home. If you required help with your daily tasks then the individual who provided the care may be able to make a claim for care costs.
Common Types Of Road Traffic Accidents
● No Fault Car Accident Claim
Non fault car accidents make up the majority of non fault accident compensation claims. Non fault car accidents could be caused by another driver cutting in front of you on a roundabout, reversing into your car or crashing into you whilst changing lanes.
You can make a claim whether you are the driver or passenger of a vehicle. In these car accident scenarios, whose fault it is can depend on many factors. As long as you can prove that the other driver was at fault and you were blameless, you can claim compensation for a non fault accident. As a passenger, this is much easier as there is barely any chance that you could be held responsible for the incident.
● Non-Fault Collisions On The Road
Non-fault collisions are caused when two vehicles collide with each other. In order to make a claim, you will need to prove that the driver of the other vehicle was at fault.
● Non-Fault Cycling And Motorbike Accidents
Cyclists and motorcyclists are more vulnerable road users as they are less well protected than car passengers. As a vulnerable road user, you may find that your claim is easier to prove as other motorists have a responsibility to take extra care around cyclists and motorcyclists.
● Non-Fault Pedestrian Road Accidents
A pedestrian involved in a non fault accident can experience severe injuries due to the speed, size and weight of a motor vehicle. As a vulnerable road user, a pedestrian is usually in a strong position to make a non fault accident compensation claim.
You may want to know more about the average compensation for a car accident. The amount you could receive will depend on many factors. You may be able to receive more as a pedestrian because your injury may be more severe.
Can I Claim If I Was Not Injured?
Although a non fault accident compensation claim is usually made when an individual suffers a personal injury, it is possible to make a claim if you have escaped physically unharmed. This is because physical injury is not the only type of loss that you could suffer as a result of a non fault accident.
There may be additional financial losses that you have suffered. This could include damage to your vehicle or failure to complete your journey which has caused you to miss a flight or an occasion of personal significance. Because claims such as these are less common, we strongly suggest that you take non fault accident advice from Advice.co.uk. Our experts will be able to look at the details of your case and decide whether or not you have a good chance of winning 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.
Evidence Which Can Help Your Non-Fault Accident Claim
The one piece of irrefutable evidence that you can gather following an non fault accident is a police report. Following an accident, the police should be contacted and after assessing the scene of the accident, they will file a report. You are able to use this report to prove that you were the innocent victim. You may also wish to use information from your insurance company about the state of your vehicle, particularly if it was a non fault accident write off.
Claims For Courtesy Car Non-Fault Accidents
The company who provided you with a courtesy car will seek to pursue their own compensation relating to vehicle damage and loss of business as a result of having the vehicle taken out of action.
You can make a separate non fault accident compensation claim for any personal injury that you suffered as a result of the accident. You can of course also claim for any financial losses that you suffered as a result as well. If you are unsure about your rights and responsibilities following a courtesy car non fault accident then please contact Advice.co.uk and our personal injury solicitors will be able to provide you with the help and advice that you need.
Claims For Workplace Accidents Without Fault
If you were injured during an accident at work, perhaps driving a company vehicle, then you can still seek compensation from the third-party negligent driver. Your rights to make a personal injury claim are unaffected by the fact that you are at work. The only difference is that your employer also may wish to claim for damage made to their vehicle.
Claim Accident Compensation – Top Tips To Claim
You may want to know what you can do to help strengthen your chances of success. In this section, we look at what you could do to help your claim. This can include:
Speaking to a solicitor:
A solicitor can help you with every step of your case. They can help you collect evidence and can negotiate your compensation with the faulting party on your behalf.
Evidence:
Evidence is an important part of your claim. Both evidence of the extent of your injuries, and evidence of the cause of the accident will be required for a successful claim.
You can reach out to one of our advisors for help with collecting useful evidence such as:
- Footage of the accident
- The contact details of witnesses
- Police reports
- Medical reports of your injury
To discuss accident compensation in the UK or find out if there is an average compensation for car accident injuries, please reach out to one of our advisors 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.
How You Can Start Claiming Compensation For A Non-Fault Accident
Claiming compensation for non-fault accident
Beginning a personal injury claim is the easy part. Contact Advice.co.uk and we will handle the case on your behalf. We offer a free no obligation consultation to talk through the details of your case and advise whether or not we think you should go ahead with your compensation claim.
We will ask you exactly what happened and find out what evidence you have managed to gather already. Your chosen solicitor may require that you have another medical examination. If you are happy to go ahead and launch your case then they will offer a No Win, No Fee agreement.
No Win No Fee Compensation For A Non-Fault Accident
No win, no fee agreements are highly beneficial to clients as they do not require any financial outlay at the beginning of the case. We believe that clients should not be held back from launching a case due to financial worries. Therefore, the solicitors we provide don’t ask you to pay a penny until you have successfully won your case and received your payout. If your case is unsuccessful then you will not be charged a fee.
Why Make Your Non-Fault Claim With Our Team?
Advice.co.uk offer an honest and trustworthy service. We work with highly experienced and professional solicitors who have dealt with many cases of this sort before. We are always available to answer your queries and offer advice which can be invaluable during this uncertain time.
We understand that our clients will be suffering both emotionally and physically and may wish to keep stress to a minimum. Therefore, we take the burden of the case, advising our clients when there have been any important developments but otherwise handling the details on their behalf. If your lawyers have agreed to take on your case on a no win, no fee basis then you can feel confident that they think you’ll have a good chance of winning your case. These highly trained professionals will do everything they can to get you the compensation you deserve.
| Contact our team by email, phone, or post. | Our team will assess your claim. | Once you are ready, we can then start your claim. |
Contact Our Advisors Now To Make A No Fault Car Accident Claim
If you have been involved in an accident in Great Britain and think you might have reason to make a non fault accident compensation claim then please contact our team of experts at Advice.co.uk. Take advantage of our no win, no fee service by calling 0161 696 9685 today. You can also contact us via our website and we will call you back at a time that is convenient.
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.
Other Motorcycle Accident Claim Guides
FAQ About Making A No Fault Car Accident Claim
What is the non fault accident meaning?
When you have an accident that is not your fault, and you are entirely innocent, this could be considered such an accident. It could happen if you are a pedestrian crossing the road at an appropriate crossing, and a driver fails to stop at the crossing when they should, for example. Another example is if a driver runs a red light at a junction and hits your car. If you would like to make a claim of this type, please get in touch. We could help you fight for the compensation you deserve.
Will a non fault accident affect my insurance?
If you’re concerned about whether you’d need to pay your excess and what would happen to your insurance premiums, we would advise you to speak to your insurance company. In some cases, while a claim is processing, your insurance excess may be payable, or your no-claims bonus could be suspended. If you are found not to be at fault, your insurance company may refund you the excess and restore your no claims bonus.
How common are injuries from car accidents?
If you’re wondering whether car accident casualties happen often, why not take a look at the figures below. These provisional figures from The Department for Transport show that there were a large number of casualties on Great British roads in the year ending June 2021. As you can see below, some of these injuries were sadly fatal and many involved serious injuries.
Now that we have explained the meaning of a non fault accident and answered questions such as ‘will a non fault accident affect my insurance’ and ‘how much compensation for a non fault car accident claim could I receive?’ you might be wanting to start a claim. If you have grounds to start a non fault claim and need support, please don’t hesitate to contact us. You can reach us using the contact details included within this guide.