If someone got into your car and it wasn’t your fault, you’d think the process would be simple. But it almost never is. Between dealing with insurers, sorting out repairs and figuring out what you’re actually entitled to, it can get confusing quickly.
How no-fault claims really work
When another driver causes an accident, you have the right to recover damages from your insurer. This includes car repairs, a replacement car while on the road and compensation for any injuries. Most people think they should go through their insurance, but that’s not always the best way to go.
Claiming through your own insurer often means higher co-payments and potentially higher premiums when you renew. Even if you were not at fault, the incident will usually be recorded against your policy. Be aware that you have three broad options: file a claim directly against the at-fault driver’s insurer, go through your insurer, or use an accident management company to handle the process on your behalf.
If you are involved in one no-fault car accidentan accident management company can usually arrange repairs, provide a similar replacement vehicle and recover all costs from the other party’s insurer. This route means you don’t have to pay the excess and your no-claims discount should remain the same.
What evidence do you need to collect?
The strength of your case depends on the evidence you gather at the scene and in the days that follow. Without it, disputes over liability can drag on for months. At the scene:
- Take a photo about damage to all vehicles, road layout, any skid marks and general conditions.
- Get another driver’s informationsuch as name, address, registration number and insurance details.
- If there are witnessesalso ask for their contact information.
- Note the exact time, date and location.
- If there is CCTV nearbyworth booking early.
- Camera recording can be particularly useful if liability is later disputed.
After you leave the scene, write down everything you remember. Even small details can be important when insurers ask what happened.
Your right to a replacement car
At common law, if you are not at fault, you have the right to compare the replacement car to your own car. This is called a “like-for-like” rental car. So, if you manage a large estate, you should not encounter small refugees.
Your personal insurer may offer you a courtesy car, but these are often basic models that don’t match what you actually drive. A credit car rental offered through an accident management company will usually be a much closer match and the costs will be recovered from the at-fault insurer.
You must demonstrate a genuine need for the vehicle. If your car is sitting in an unused drive, another insurer may argue that you don’t need to replace it at all.
Personal Injury Claims and Civil Liability Act 2018
If you or your passengers have been injured, you may be able to file a personal injury claim along with a vehicle damage claim. The Civil Liability Act of 2018 introduced a rate system for bleeding injuries that sets a fixed compensation amount based on the duration of symptoms.
The tariff was updated on May 31, 2025giving about a 15% increase in accidents since that day. Payments now vary from £275 for whiplash of up to three months to £4,830 for injuries lasting between 18 and 24 months, with slightly higher amounts where minor trauma is also diagnosed. Injuries lasting more than two years, or those outside the scope of the whip, fall outside the tariff and may attract higher, individually assessed fees. Minor injury claims worth up to £5,000 go through the official Injury Claims portal, which is designed so people can settle them without a solicitor if they choose.
More serious injuries still go through the traditional legal route and usually require an attorney who works on a win-win, pro bono basis to be instructed.
What if the other driver is uninsured?
The auto insurance bureau estimates about 300,000 cars are driven without insurance on UK roads on any given day and over a million people are uninsured every year. If you hit one of them, you can still make a claim through the MIB, which exists specifically to compensate victims of uninsured and uninsured motorists.
You should report the accident to the police and gather as much evidence as possible. MIB claims may take longer than standard claims, but they cover both car damage and personal injury. If the driver flees the scene and cannot be traced, the MIB will still consider your claim under the Unknown Drivers Agreement, although property damage claims are more extensive and are usually only paid if there is an element of serious injury.
How long does the process take?
Simple no-fault claims where liability is clear can be settled in a matter of weeks. The at-fault insurer will assume liability, repairs will be arranged, and a replacement vehicle will be returned once your vehicle is repaired. Everything can be completed within a month or so.
Disputed lawsuits drag on. If another insurer questions liability or disputes the cost of repairs, the case can take up to several months. Personal injury claims add more time, especially if a medical evaluation is needed or symptoms are not fully resolved.
Keeping your evidence organized and responding promptly to all inquiries will help keep things on track. Delays are often caused by lack of documentation or slow responses from one of the parties involved.
The main way
If you find yourself in a situation that wasn’t your fault, it’s important to know before you pick up the phone. You don’t have to accept everything your insurer offers.
You have the right to file a claim directly against the at-fault driver’s insurer, use an accident management company, or handle things yourself. Whichever way you choose, good reasoning and a clear head will give you the best result.
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Our editorial team are writers and experts in their field. Their views and opinions are not necessarily those of Wellbeing Magazine. If you are under medical supervision, talk to your doctor or therapist before following the advice and recommendations in this article.
