Proving Non-Fault in a UK Car Accident: A Driver’s Guide

Car accidents happen every day and can happen to anyone. It’s essential to be prepared and understand what follows after being involved in an accident. In the UK, proving you weren’t responsible for a collision can make a difference in terms of insurance claims, liability, and compensation for damages.

If you’ve been involved in an accident that wasn’t your fault, understanding the process and what UK law requires is essential. This guide will walk you through the steps to prove you were not at fault for the accident.

Common Causes of Non-Fault Accidents

Road accidents happen frequently and can occur due to a variety of circumstances. You can file a claim regardless of the kind of accident you were in if you’re able to prove that someone else was at fault for the accident.

Some common reasons accidents happen include:

• Reckless driving
• Driving while intoxicated
• Bad road conditions, like large potholes or obstructions on the road
• Pedestrians
• Animals on the road 

What to Do Immediately After an Accident

The most important thing to do following an accident is to make sure you and everyone around you are safe. Since shock and panic commonly follow an accident, it’s important to think rationally afterwards and take appropriate action.

• Stop Safely — Stop the car, remain calm, turn off the engine, move carefully out of traffic, activate hazard lights, and move everyone to safety unless injured.
• Assess Any Injuries — Check yourself and others for injuries, contact emergency services if necessary, and provide all the required information. If no injuries occurred, take note to assist in the claims process later.
• Stay Calm — Tension and emotions naturally tend to run high after an accident. It’s important to stay calm and focus to effectively manage communication and gather the appropriate information.
• Inform the Police — This is especially important if an accident poses a danger to traffic, another party flees the scene, or intoxication is suspected. Contact the police for assistance and to determine fault.
• Don’t Admit Responsibility — Avoid apologising or admitting fault when talking to other drivers. Sometimes, simple apologies can be mistaken for admitting guilt. Pay attention to whether the other driver apologises and note what they say after the accident.
• Gather Evidence — Gather important information and evidence about the accident and exchange driver and insurance information.

How to Prove You Were Not at Fault in a UK Car Accident

If the other driver is refusing to admit blame in your UK claim, you have to be able to prove their liability. To achieve this, you’ll need to gather solid and relevant evidence to back up your claim. Even if the other motorist admits fault, you still should show proof if you’re looking to claim compensation.

Collect Important Information

It can be difficult to remember the specifics of an accident and its cause, so it is important to write down and record all the important information at the scene of the accident. Take note of what Highway Code was broken and how the other driver made a mistake.

You may apply your own common sense to determine whether something could have been done to avoid the accident. If it was caused by carelessness or human mistake, someone is at fault for the accident, and you’ll need the evidence to prove it.

Gather Evidence

• Driver and Passenger Information — Write down the other driver’s full name, address, insurance provider, and any information about the passengers involved.
• Date and Time — Take down the date and time of the accident.
• Weather and Road Conditions — Photograph and video the driving conditions, such as stormy weather, rain, oil on the road, etc.
• Injuries — Note if there are any injuries, what they are, and whether emergency care is received.
• Vehicle Information — Record the make, model, year, colour, and number plate of cars involved.
• Photographs and Video — Take multiple photos and videos of the collision from various angles, documenting all damage to your and the other party’s vehicle. Record dashcam footage and look for any CCTV cameras nearby.
• Witness Statements — Get any witness statements that support the circumstances that might help later when trying to prove you were not at fault for the collision.

Time Limit For Claims

The Limitation Act of 1980 has set a three-year time restriction for filing a non-fault car accident, beginning on the date of the accident. There are some exclusions, so you may still be eligible to make a claim even if you are over this cap.

For instance, the time limit will not start until your 18th birthday and continues until your 21st birthday. A litigation friend may submit a claim on your behalf while the time restriction is frozen.

The time limit is also frozen for those who lack the mental capacity to represent themselves in court. It is reinstated if the claimant recovers and is able to file with the proper capacity. If not, a litigation friend can file the claim on their behalf. 

Caversham Coachworks For Non-Fault Car Accident Repairs

We understand how stressful it can be to deal with the aftermath of a non-fault accident. At Caversham Coachworks, we are dedicated to making the car repair process as easy and hassle-free as possible.

Thanks to our years of experience working with insurance companies, we manage claims and handle paperwork on your behalf, saving you the trouble of juggling the back and forth. We want to get you back on the road faster and with less stress.

At our cutting-edge Caversham and Abingdon locations, we can service any kind of vehicle, from the newest hybrid and electric models to traditional petrol and diesel cars. We can help regardless of what type of car you drive.

Contact us today or use our free and easy estimator tool.