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

Last Updated 12th December 2025. If you’ve been involved in a car accident and would like to claim compensation, you will need to know more about proving fault in a car accident. This is generally done with the evidence, such as dashcam footage, or a copy of the police report (if they attended the scene). Furthermore, you will need information from the other driver involved, including their insurance details, vehicle make and model, their name, address and contact details. So, how do you prove a car accident wasn’t your fault? We look at this in more detail throughout the guide. 

Your Questions Answered

• Can I still claim car accident compensation if I was partially at fault? Yes, you can make a split liability claim if your actions contributed to the accident, or a contributory negligence claim if your actions contributed to your injuries. Your compensation will be reduced accordingly.
• What types of evidence support a car accident claim? Strong evidence can include accident footage, the police report, your medical records, photographs of the damage to your vehicle and witness contact information.
• What do I need to prove I was not at fault for a car accident? You will need to collect evidence that proves the liability of the other driver.
• I was not at fault for my car accident, who pays my compensation? Generally, this is the other party’s insurer. However, if they fled the accident scene and cannot be traced, the Motor Insurers’ Bureau (MIB) can award compensation in these cases.
• How much compensation can I be awarded for my car accident? This will vary greatly depending on the nature of your injuries (for example, head injuries and brain damage could be awarded anywhere between £2,690 up to £493,000 according to the figures provided in the Judicial College Guidelines) and whether you can prove any expenses related to your injuries (such as loss of income, prescription costs and domestic support).

One of the best ways to go about proving fault in a car accident is to have an experienced solicitor by your side, like one of the expert professionals here at Advice. Our solicitors provide a No Win No Fee service To find out if you are eligible to move forward with the services at Advice, speak to one of our advisors now.

• Call our team on 0161 509 2856
• Use the live chat feature for instant help
• Contact us online

Select A Section

1. How Do You Prove A Car Accident Wasn’t Your Fault?
2. Can You Claim For A Car Accident That Was Not Your Fault?
3. Calculate Car Accident Compensation Settlements
4. Claiming For A Car Accident – No Win No Fee Solicitors
5. More Information On How To Prove A Car Accident Wasn’t Your Fault

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

If you want to make a road traffic accident claim, you need to make sure you have sufficient evidence. This is crucial, as collecting evidence can help you prove that the car accident was not your fault. It can also help you demonstrate who is responsible for your injuries, and how they will affect you going forwards.

Some examples of evidence that you could collect include:

• Medical records: These can be used as medical evidence, and can help illustrate the severity of your injuries and the treatment you have received and will need to recover.
• Police reports: If the accident was reported to the police, the report can be used as evidence of what happened and how the accident occurred.
• Photographs: Taking photographs of the scene of the accident and of your injuries can be helpful, as it can prove the severity of the collision.
• Witness statements: If you take the statements of potential witnesses, this means that their statements can be taken by a professional at a later date.
• Video footage: this can be from a dashcam or CCTV that shows of the accident occurred. This can be especially useful if the other driver left the scene and you can’t trace them.

These are just a few ways that you could help prove your personal injury claim. If you choose to work with a No Win No Fee solicitor, they can help you collect evidence and strengthen your case. Get in touch with our advisors today to learn more about how a solicitor from Advice could help you.

Can You Claim For A Car Accident That Was Not Your Fault?

If you have been injured in a road traffic accident and the other driver is at fault, you could make a claim. For all road traffic accident claims, you need to prove that you were injured due to another road user breaching their duty of care.

What Is A Duty Of Care?

All road users owe a duty of care. As part of their duty of care, road users must ensure that they are using the roads safely and responsibly and follow the rules that are set out for them in the Road Traffic Act 1988 and the Highway Code. If another driver were to breach their duty of care, this could cause an accident where you are injured. For example, you could suffer from a broken leg following a car crash.

Evidence is crucial for proving liability in car accident claims, especially if the other driver is not admitting their fault for the accident. Later in this guide, we will provide some of the evidence you could collect to prove liability and help support your claim. Additionally, we will share the potential compensation you could receive following a successful personal injury claim.

If you’ve had a car accident that wasn’t your fault, call us today. Our team of advisors could offer you free legal advice regarding your specific claim and answer any of the questions you may have. If our advisors believe that you may be eligible for compensation, they could connect you with our solicitors.

Time Limit For Claiming For A Car Accident That Wasn’t Your Fault

Under the Limitation Act 1980, there is a time limit for starting a personal injury claim for incidents such as car accidents. The standard time limit is three years. This starts from the date of the incident that caused the injuries you wish to claim for.

Are There Exceptions To This Limit?

If the victim of a car accident is a child, then the three-year time limit for starting a claim does not start for them until the day of their 18^th birthday. A representative close to the child (such as a parent) could potentially claim on their behalf while they cannot do so by serving as their litigation friend.

A time limit for starting a claim is indefinitely suspended for as long as the victim of a car accident lacks sufficient mental capacity to make their own claim. A claim could potentially be started on their behalf by a litigation friend.

Calculate Car Accident Compensation Settlements

Now you know how to prove you are not at fault in a car accident, this section examines how car accident compensation settlements are calculated. There are two heads of loss that compensation can be paid out under following a successful personal injury claim:

• The pain and suffering caused by the accident is compensated under general damages.
• Financial losses stemming from your injuries can be reimbursed under special damages. We’ll examine special damages in greater detail in the section below.

Those assigned the responsibility for calculating a possible compensation amount for your claim can use your medical evidence in conjunction with the Judicial College Guidelines (JCG). This document contains the guideline compensation brackets for various injuries, some of which we have outlined below.

Guideline Compensation Amounts

We should emphasise two things here. First, the top figure was not taken from the JCG. Second, this information is intended to act as guidance only. 

• Multiple Very Severe injuries together with significant special damages – Up to £1,000,000 and above.
• Back Injuries – Severe (i) – damage to both the spinal cord and nerve roots resulting in severe pain and disabilities. – £111,150 to £196,450.
• Back Injuries – Moderate (i) – compression or crush fracture of the lumbar spine with a substantial risk of osteoarthritis. – £33,880 to £47,320.
• Other Arm Injuries – Severe – Injuries that are so severe they leave the injured person little better off than if the arm had been lost. – £117,360 to £159,770.
• Injuries to the Pelvis and Hips –  Severe (i) – Extensive pelvis fracture involving the dislocation of a low back joint and bladder rupture, for example. – £95,680 to £159,770.
• Severe Leg Injuries – Very Serious (ii) – Multiple fractures causing permanent mobility issues requiring the use of crutches or other aids. – £66,920 to £109,290.
• Severe Leg Injuries – Moderate (iv) – Complicated or multiple fractures or a severe crush injury to a single limb. – £33,880 to £47,840.
• Neck Injuries – Severe (iii) – Fractures, dislocations and severe soft tissue injuries resulting in chronic conditions and significant permanent disability. – £55,500 to £68,330
• Whiplash Injuries – One or more whiplash injuries with one or more minor psychological injuries lasting 18-24 months. – £4,345. 
• Whiplash Injuries – One + whiplash injuries lasting between 18 months and 2 years. – £4,215

Can You Claim Special Damages For An Accident That Wasn’t Your Fault?

You might also be eligible for special damages if your claim for car accident compensation succeeds. Special damages are aimed at the financial losses you suffer as a direct result of your injuries. For example, this heading could potentially cover the cost of:

• Housekeeping
• Home adjustments
• Mobility aids
• Childcare
• Travel
• Prescriptions 
• Lost earnings

However, similarly to proving who was at fault in the car accident, you will have to provide evidence of your monetary losses. Because of this, keeping any relevant bills or receipts could be helpful.

For more information on what you could claim if you were injured in an accident that wasn’t your fault, contact our team today. Alternatively, you can view our list of compensation payouts. 

The Car Accident Was Not My Fault – What Is The Whiplash Reform Programme

Are you wondering, ‘the car accident was not my fault – what is the Whiplash Reform Programme (WRP) and does it apply to me?’ In this section, we’ll discuss everything you need to know about the WRP and the eligibility requirements.

The WRP was introduced after the Whiplash Injury Regulations 2021 was implemented and deals with whiplash claims that are valued at £5,000 or less or when a claim’s total value is £10,000 or less.

To claim through the WRP, the following criteria apply:

• Your car accident happened on 31st May 2021 or afterwards
• Any injuries you sustained were minor
• You were the driver or a passenger in the vehicle
• You were 18 years-old or above when the accident happened
• The accident occurred in England or Wales

You can check the table in our compensation section above for examples of whiplash injury settlements.

We hope this answers the question, ‘I had a road traffic accident that was not my fault – what is the Whiplash Reform Programme?’ Continue reading to find out what details to take in a car accident.

Claiming For A Car Accident – No Win No Fee Solicitors

Working with a solicitor on your claim can be helpful if the other driver won’t admit fault. A solicitor can help you gather evidence to prove that the other driver is liable for the accident, for example, by talking to witnesses and taking their statements.

Our solicitors offer their representation on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Under this kind of contract, your solicitor won’t ask for an upfront fee to begin working on your claim, nor will they take a fee for their continued services. Alongside this, if your claim fails, no fee will be taken for your solicitor’s work.

You are only required to pay a success fee to your solicitor if your claim succeeds. In this case, a small percentage will be deducted directly from your compensation. This percentage has a legal cap, ensuring that you keep the majority of your settlement award.

Contact Us Today

To find out if a solicitor from Advice could help you claim for a car accident that was not your fault, get in touch with our team of advisors today:

• Call our team on 0161 509 2856
• Use the live chat feature for instant help
• Contact us online

More Information On How To Prove A Car Accident Wasn’t Your Fault

Here are a few extra guides on road traffic accidents from Advice:

• Guidance on your rights if you are injured in a car accident.
• Learn what you should do if you are injured in a car accident.
• Advice on claiming for a death caused by a road traffic accident.

Also, here are a few external resources that you might find useful:

• Statistics For Car Accidents In The UK: The UK Government provides statistics relating to road traffic accidents. You can find the latest statistics here.
• Vehicle Insurance: This Government guide offers information on vehicle insurance and what to do if you’re involved in a road accident.
• Report A Road Traffic Incident – Police UK step-by-step walk-through of reporting an accident on the roads, including a ‘find what force to report the accident to’ widget.

Thank you for reading our guide on ‘How do you prove a car accident wasn’t your fault?’. If you would like our solicitors to help handle your car accident claim, please speak to one of our advisors now.