How Do You Prove A Car Accident Wasn’t Your Fault?

By Max Misoka. Last Updated 27th June 2022. Whether you sustain injuries in a rear-end shunt, an overtaking accident or a head-on collision, if the accident wasn’t your fault, you could claim compensation. But how do you prove a car accident wasn’t your fault if there aren’t any witnesses, or there is no admission of liability for the car accident from the other driver? Can you still claim compensation in a car accident where no one admits fault and, if so, what evidence would you need?

How do you prove a car accident wasnt your fault guide

How do you prove a car accident wasn’t your fault guide

  • We have created this guide to answer some frequently asked questions such as:
  • What are the car accident fault determination rules in the UK?
  • Do I have to declare an accident if it wasn’t my fault?
  • How do you prove someone backed into your car?
  • Do I have to pay the excess if it is not my fault?

We also provide insight into how to calculate compensation payouts for personal injury claims, as well as the benefits of using a personal injury lawyer to help you claim. If you have any questions while reading this guide or would like to benefit from the free legal advice of our expert advisors, please call 0161 696 9685 to speak to our team. They could even help you begin your claim by connecting you with a personal injury lawyer who could help you.

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How Do You Prove A Car Accident Wasn’t Your Fault?: A Guide

If you’re wondering how to prove you are not at fault in a car accident in the UK, it might be that you’ve sustained injuries in a road traffic accident. If so, this guide could help you. Whether you’ve been in an accident where someone has dangerously overtaken you, or you’ve been rear-ended, ‘How do you prove a car accident wasn’t your fault?’ is a question we’re only too happy to answer.

When you make a personal injury claim, you need to provide evidence that you have sustained injuries, and that it was someone else’s fault. The sections below take you through the evidence you may need, as well as what to do if the other driver admits fault but their insurer claims your injuries are not as bad as you say they are. In addition to this, we take a look at car accident scenarios to see who’s at fault according to the rules of the road. We also provide guidance on getting a personal injury solicitor to help you without paying legal fees until your claim ends.

If at any point you decide you’d like to discuss your situation confidentially and without obligation to proceed with the services of a personal injury solicitor, speak to one of our advisors. They’re ready to speak with you at any time of any day. Try the number at the top of the page or use our live chat.

In the UK, If A Car Accident Is Not My Fault, What Happens?

Answering a question like this can be difficult as it depends on the circumstances of the accident. For example, if you were involved in a car accident where no one else was involved, you would only be able to claim if you can still prove that your accident was caused by negligence.

This can be harder to do in cases like this because, if no other road user was involved, you would only be able to claim in certain circumstances. For instance, you may have crashed due to a particularly large pothole in the middle of the road. If this has happened, you would need to contact the owner of the road (in some cases, the council) to report the accident.

Many car accidents, however, do involve another road user. In these instances, you would:

  • Ensure that medical attention is procured for any injuries.
  • Exchange insurance details. This is important because, in the claims process, the insurers will be covering the compensation payout. Also, if details are not exchanged, the police will need to get involved.
  • Collect evidence. This can potentially include CCTV footage of the incident.

It’s important to note that you won’t be able to claim simply if the car accident isn’t your fault. You would only be able to claim if you can show that your injury was caused by third-party negligence. This means that the third party must have breached their duty of care.

To learn more about claiming for a car accident that wasn’t your fault, call us for a free legal consultation using the details above.

Calculate Car Accident Compensation Settlements

If you would like to know how courts and solicitors calculate compensation payouts, you might be surprised to learn that they don’t use a personal injury claims calculator to do so. Instead, they carefully assess all the circumstances, facts and evidence of the case, including the medical report. You would have to obtain a medical report by visiting an independent doctor. They would review any appropriate medical records and examine you.

Following your examination, they would write a medical report detailing your injuries and your prognosis. The report should also conclude whether your injuries were at least worsened—if not caused—by the accident. (If the report doesn’t link your injuries to the accident at all, it may affect your claim.) If you choose to use the services of a solicitor, they may use that report to help them value your injuries.

How Can I Work Out How Much My Claim Is Worth?

To give you some guidance on how much specific injuries could bring you in terms of compensation, we have designed a table with figures from a legal publication called the Judicial College Guidelines. This publication helps courts and solicitors hone in on an appropriate value for different injuries. These figures have been taken from the latest guidelines, published in 2022.

If we have not included your injury below, you could call us for further insight over the phone. Please note the below figures are guideline amounts only, and claims are assessed on a case-by-case basis.

Body part injuredHow severe is the injury?Compensation Guideline Bracket
BackSevere£38,780 to £160,980
BackModerate£12,510 to £38,780
NeckSevere£45,470 to the region of £148,330
NeckMinorUp to £7,890
ArmSevere£96,160 to £130,930
Pelvis/HipsSevere£39,170 to £130,930
LegVery Serious£54,830 to £87,890
LegModerate£27,760 to £39,200
ShoulderSevere£19,200 to £48,030
ShoulderModerate£7,890 to £12,770

Types Of Special Damages Awarded

You may be surprised to learn that there are different types of compensation you could claim for in an accident that wasn’t your fault. Here, we explain more about how you could be compensated.

General Damages

We illustrated these types of damages in the section above. General damages compensate injury claim victims for the suffering and pain they experience from their injuries, as well as their loss of amenity.

Special Damages

If you incur financial expenses due to your injuries, you could also claim for special damages. These could include but aren’t necessarily limited to those listed below.

Care Costs

Should your injuries leave you unable to properly care for yourself, you may need care at home. If so, you could claim care costs as special damages.

Travel Expenses

Whether you have paid for transportation to take you to a hospital appointment or a meeting with a solicitor, you could recoup these expenses within your claim.

Medical Expenses

While many medical expenses could be taken care of by the NHS, you could incur costs relating to prescriptions, counselling or physiotherapy, for example. If you do, you could include these within your claim.

Loss Of Income

Some injuries may mean you aren’t able to work for a time. If this is the case, and you lose out on income, you could claim for loss of earnings. Loss of earnings claims could include bonuses, overtime and, in some cases, future loss of earnings.

Providing Evidence

To claim for special damages, you’d have to have evidence of them. Documents such as payslips, receipts and bank statements could be useful. We would urge you to keep these documents safe so you could provide them to your lawyer at the appropriate time. If you aren’t able to prove you’ve incurred costs/losses, you won’t be able to claim for them.

What Is Fault In A Car Accident?

To make a claim for compensation for injuries you sustain in a car accident, you would need to prove that:

  • Someone owed you a duty of care (i.e another road user had a responsibility to drive safely on the road).
  • That person breached their responsibility to you.
  • You sustained injuries due to their breach of responsibility.

You can find appropriate rules of the road in The Highway Code. Rule 144 in particular states that road users must not:

  • Drive dangerously
  • Operate their vehicle without due care and attention
  • Drive without what could be deemed reasonable consideration for other people using the roads

How Do You Prove A Car Accident Wasn’t Your Fault?

In some cases, particularly when someone else is admitting fault in a car accident in the UK, the process of claiming could be relatively straightforward. However, if you sustain injuries in a car accident where no one admits fault, or where the other party disputes your claim, courts and lawyers may have to examine the series of events that led to the accident. By assessing all the evidence, they could come to a decision on who could be liable for your injuries. In some cases, they may decide the accident is partially your fault. If so, you could still claim compensation for your injuries.

How Evidence Can Help You Prove Fault In A Car Accident

The evidence you provide as part of your claim could go a long way towards proving liability in a car accident. There are certain actions you could take at the scene of a car accident to gather important evidence.

What evidence do you need to collect?

You could collect evidence by:

  • Taking down the other motorist’s details – such as name, address, contact details and details of their insurance.
  • Recording witness details – if there are witnesses to your accident, their statements could be useful in proving your claim.
  • Drawing a diagram of the scene – recording the position of vehicles could be useful in explaining how the accident occurred.
  • Taking photographs of the scene/your injuries – these could also help to prove what has happened.
  • Taking details of the position of any CCTV cameras you’ve spotted.
  • Writing down the details of any police officers that attend the scene.

How To Prove You Are Not At Fault In A Car Accident If You Can’t Gather Evidence

If you are too seriously injured to get all these details at the time, you could ask a legal representative such as a personal injury lawyer to obtain the accident report. Or you could request it when you’re well enough. If your car accident is serious, you or your representative could arrange an accident reconstruction report.

What Happens If I Don’t Have Proof Of My Injuries?

While you might not feel you should seek medical care after an accident, you may experience symptoms of injury some time afterwards. Some injuries do not present symptoms straight away, such as whiplash. If you haven’t sought medical attention for this, you may worry that you can’t make a claim. However, if you do not have proof of your injuries, you could attend a medical appointment with an independent expert as part of your claim. They could take a look at any past medical notes, examine you and put together a report evidencing your injuries. This could be useful in proving your claim.

How Do You Show Who Was At Fault?

To show another driver was at fault for an accident, you would need to prove that:

  • A driving error happened – you would have to evidence that a driver made an error in driving. Examples of errors could include speeding, failure to stop, reckless or irresponsible driving techniques, failing to indicate, driving under the influence of drink/drugs. You can find examples of what drivers should and shouldn’t do when driving in The Highway Code.
  • The driving error caused your accident – you would need to prove that the error was the cause, or contributed to the accident.
  • The accident caused your injuries – a doctor’s report could evidence that you sustained injuries in the car accident.

If you’re not sure whether you could prove an accident wasn’t your fault, or you’re wondering how to dispute a car accident fault claim, please don’t hesitate to call our team for free legal advice. We’d be happy to help you.

Who Is At Fault If The Driver Was Working At The Time Of The Accident?

You may be wondering what happens if you have a car accident and it’s not your fault, but the other driver was working at the time of the accident. If so, you may be reassured to know you could still make a claim if you could prove the other driver was at fault.

One example would be if your car accident was caused by a delivery driver that was an employee of a delivery company. If they caused an accident while they were working, their employer could be held responsible for the actions of their employee. This is because employers are vicariously liable for the actions of their employees, which can include delivery drivers.

Could You Claim For A Car Accident You Caused?

One frequent question that injured parties sometimes have is ‘A car accident was my fault; what happens when it comes to claiming for injuries?’ If you cause a car accident, and no one else was at fault, you would not be able to claim for your injuries. However, if you have a fully comprehensive motor vehicle insurance policy, you could make a claim to your insurer to pay for vehicle repairs.

We should mention that in some cases you may mistakenly believe a car accident is all your fault. If you are partly to blame, but another road user also contributes to the car accident, you could still make an injury claim. For free legal advice on ascertaining proof of liability in such cases, please call our team.

Proving Split Liability For A Car Accident

You may be wondering what happens if you are partly to blame for an accident but you believe someone else was also at fault. If this happens, you could still claim compensation for your injuries, but compensation amounts could be lower, to reflect your portion of the blame. An example of this could be seen in Froom v Butcher 1976 where a judge ruled that the claimant was partially at fault for their own injuries in a car accident because they weren’t wearing a seatbelt. The claimant’s compensation was reduced by 25% to reflect their contributory negligence.

How Complicated Are Split Liability Claims?

If both drivers admit fault in a split liability claim the process could be quite straightforward. However, if a driver disputes the amount of blame the other party puts on them, the case could require further investigation. Solicitors and insurers would need to investigate and negotiate an appropriate settlement. If they cannot agree, then the case may need to go to court, where the court could make a decision on how much liability exists on both sides.

If you’re considering pursuing a car accident claim where the other driver is not admitting fault in the UK, we would urge you to get in touch with our team. We could provide free legal advice to you and connect you with a solicitor to fight for the compensation you deserve.

No Win No Fee Car Accident Compensation Claims

Now you know how to prove you are not at fault in a car accident, you might be ready to begin a claim. If you’re worried about whether you could afford professional legal assistance from a personal injury lawyer, you could make a claim under a No Win No Fee agreement. This means you won’t pay any legal fees in advance of your claim being settled. There are no upfront legal fees to pay when making No Win No Fee claims. The process works as follows:

  • Your lawyer sends you the agreement document, which you will need to sign and send back. Within the agreement, a success fee will be mentioned, which would be a small percentage of your final payout. It is legally capped. You would sign the document to agree to pay the lawyer’s success fee from your compensation payout if they successfully negotiate one for you.
  • Once your lawyer receives the signed agreement, they begin to build a body of evidence and fight for compensation. If the driver admits fault, and the insurer agrees to the driver’s liability, they could then negotiate a settlement for you outside of court. In cases where liability is disputed, or the liable party disputes your claim, your case may need to be heard in court. If so, your lawyer would support you through the process.
  • On receipt of your payout, the lawyer would deduct their success fee, and you’d benefit from the rest of the payout.
  • If your case fails, and your lawyer doesn’t get you a compensation payout, you don’t pay their success fee.

Learn More About No Win No Fee Claims

If you want to learn about No Win No Fee claims in more detail, we have put together a guide to help you. Alternatively, you may wish to get in touch with our team to have your questions answered. All you need to do is call us.

Contact Us

Now we’ve answered the question ‘How do you prove a car accident wasn’t your fault?’, you may now be ready to start a claim. Or perhaps you’re looking for free legal advice specific to your case? Either way, why not get in touch for all the help and support you need to start a claim. We could answer your questions, provide you with a free eligibility check and connect you with a lawyer to help you start your claim. All you need to do is:

More Information On Proving Fault For A Car Accident

What Happens If Your Whiplash Claim Is Refused?: This guide explains situations in which a liable party could dispute or refuse a whiplash claim. It offers guidance on what to do if this happens to you.

Claiming As An Injured Passenger: If you sustain injuries while you are a passenger in someone else’s vehicle, this guide could offer useful guidance.

General Car Accident Claims Advice: While the above guide focussed on answer the question of ‘How do you prove a car accident wasn’t your fault?’, this guide offers general guidance on claiming.

Statistics For Car Accidents In The UK: The UK Government provides statistics relating to road traffic accidents. You can find the latest statistics here.

Road Safety Reports: If you’re interested in learning more about road safety and common causes of accidents, this guide could be useful.

Vehicle Insurance: This Government guide offers information on vehicle insurance and what to do if you’re involved in a road accident.

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