Non-Fault Accident: Understanding Your Rights

Being involved in a car accident is a stressful experience for anyone and becomes even more frustrating when you’re not at fault. Drivers have certain rights in the UK when involved in a non-fault accident. 

Understanding your rights is crucial in a non-fault accident in order to protect yourself and ensure you receive the compensation you deserve. In this guide, we will dive into the details of non-fault accidents, shed light on what classifies as a non-fault accident, and provide some essential information to help you navigate making an insurance claim.

What Is A Non-Fault Accident?

A non-fault accident is when the blame for the collision lies with another party rather than the driver seeking compensation. It means you were not responsible for the accident, and your insurer can seek reimbursement from the at-fault party’s insurance provider.

When is a Driver Considered Completely at Fault?

When a driver is “completely at fault”, it usually refers to a situation where the driver’s actions or negligence are solely responsible for causing the collision. In these cases, the driver that caused the accident is considered fully liable, and the other driver is deemed completely innocent or non-fault.

Here are some scenarios where one driver may be considered entirely at fault in an accident:

• Rear-end collisions: If a driver fails to maintain a safe distance from the vehicle in front of them and collides with it from behind, they are typically considered at fault. Rear-end accidents often indicate that the driver behind was not paying attention, was driving too fast, or was unable to stop in time.
• Failure to yield the right of way: If a driver fails to yield the right of way and causes an accident at a junction, intersection, or when merging into traffic, they are generally considered at fault. Failure to obey traffic rules and signs can result in severe consequences. 
• Running a red light or stop sign: Drivers who disregard traffic signals and cause accidents by running a red light or stop sign are usually considered at fault. These violations put others on the road in danger and can result in serious collisions.
• Driving under the influence: If a driver is under the influence of alcohol, drugs, or any other impairing substances and causes an accident, they will likely be considered at fault.
• Admitting liability at the scene: After an accident, if one driver says something along the lines of “I didn’t see you” or apologises to the other in the presence of witnesses, courts will often see this as an admission of liability and the driver will likely be automatically found at fault.

Understanding Your Rights

When involved in a non-fault accident, you have certain rights to protect yourself and seek appropriate compensation. These rights include:

• Safety and medical attention: As a victim of a non-fault accident, your priority is your safety and well-being. You have the right to seek immediate medical attention if you or anyone else in the accident requires any. 
• Gathering evidence: Collecting evidence is crucial when recording the circumstances and liability in a non-fault accident. You have the right to gather any evidence at the scene of the accident, like taking photos of vehicles involved, the surrounding area, and any other visible damages. You should also get witness statements, their contact information, and record relevant details to strengthen your case.
• Compensation: You have the right to claim compensation for any damages, including vehicle repairs, medical expenses, loss of earnings, and other associated costs resulting from the accident. 
• Replacement vehicle: If your car is not roadworthy because of the accident, you have a right to a replacement vehicle while yours is being repaired.
• Contact the authorities: It is essential for you to contact the police and report the accident, especially if there are significant damages, injuries, or disputes regarding liability. A police report can help serve as valuable evidence and determine fault in the accident.
• Legal representation: If you encounter any problems in the claims process or think your rights are not being upheld, you have the right to seek legal representation. Consulting with a solicitor with experience in personal injury claims can provide expert guidance, protect your rights, and maximise the chances of a successful claim.
• Choosing a repairer: As a victim of a non-fault accident, you have the freedom to select a repairer of your choice. You are not obligated to use a repair shop recommended by the insurance company. Opting for a trusted repair centre can ensure your vehicle is repaired to the highest standards.

Turn To Caversham Coachworks After A Non-Fault Accident

Caversham Coachworks is located in Berkshire and Central Oxfordshire and offers outstanding car repair services for non-fault accidents. We have experience dealing with insurance companies and can help negotiate through your insurance claim to get your vehicle repaired as quickly as possible.

Talk to one of our accident repair experts today or use our free and easy estimator tool.