What Happens When You Have a Car Accident and it’s Not Your Fault?

Having a car accident isn’t something anyone looks forward to. Fortunately, only 0.2% of the UK population are involved in an accident in any given year, so even though thousands happen every week, the likelihood of you being in a car accident that isn’t your fault isn’t as high as you’d expect.

That won’t come as much comfort if you’re one of the unlucky few. It’s stressful, there’s damage to your car, you can be injured, and then there’s all of the paperwork involved.

But knowing what to expect means that if the worst should happen, you’ll feel more prepared. So let’s take you through what happens when you have a car accident and it’s not your fault. 

At the Scene of the Accident

It’s happened. You’ve been in an accident, and already it’s a very stressful situation. It’s difficult to know what to do first. The important thing is to remain calm and keep a clear head.

There are seven things you need to do immediately after being involved in an accident. We cover them in detail in our post Important Steps After a Car Accident That’s Not Your Fault, but put simply you need to: 

• Put your safety first by stopping the car in the nearest safe location (if you can), turning off the engine and turning on your hazard lights. Then check anyone in the vehicle for injuries.
• Call an ambulance if it’s needed. If not, you still need to call 999 to report the crash, especially if you think an offence has been committed.
• Exchange contact details with everyone involved – names, addresses, phone numbers, along with registration numbers and insurance details.
• Take pictures and videos of the scene if you have a smartphone or camera to hand.
• Speak to witnesses and take their names and contact information.
• Focus on facts, not fault. Don’t say anything that could be seen as you admitting you were at fault.
• Ask for help. You should call your insurer as soon as possible, but you can also talk to accident experts like Caversham Coachworks.

We’ll explain more about that final step in the next section – reporting an accident that’s not your fault.

Reporting the Accident

After contacting the authorities – and any medical care – it’s time to get the legal assistance you need. For most people, that involves a call to their insurer, who’ll ask a barrage of questions:

• What happened?
• Who was at fault?
• Who else was involved?
• Are you hurt?
• What’s the damage to your vehicle?
• Is it roadworthy? 

It’s more stress, and you have to be careful not to make any statements that might jeopardise your chance of a successful claim. That’s why more drivers are looking for impartial third-party assistance.

Ask Caversham Coachworks for help

You’ll be asked the same questions by a third party claims or repair management company, but they’ll be much more impartial than an insurer who’s potentially looking to minimise the value of a claim. 

After your details have been taken, they’ll also start looking at the claims you might be able to make following the accident. They include:

• Damage to your vehicle and the cost of repairs
• Medical expenses, treatment costs, and compensation for injuries
• The cost of a replacement vehicle while yours is being repaired

If you’re injured, inconvenienced, or out of pocket after an accident that wasn’t your fault, then it’s important your claim reflects that. That’s where having expert assistance is helpful – there’s less chance of any potential issues being overlooked or missed. 

The other benefit of using a company like Caversham Coachworks after an accident is that we’ll help you out with the next steps of the process after your accident – getting your car from the roadside and managing your claim.

Recovery and Storage of Your Damaged Vehicle

After notifying your insurer or asking for help, the first thing you should do is determine whether your car is safe to drive. If any of the following has happened, you shouldn’t drive your car:

• The airbag has deployed
• The suspension, brakes or steering are damaged
• The safety systems are damaged
• The tyres are damaged
• The lights don’t work
• Your vision is obscured by damage
• The car is leaking

If it’s safe and the damage is minor and cosmetic, you can drive your vehicle to a repair shop. But there can be legal or financial implications if your car isn’t safe. In most cases, it’s really not worth taking the risk and you should arrange for your vehicle to be recovered.

You can arrange for your own vehicle recovery through a roadside assistance company such as the RAC, AA or Green Flag, or ask the police for help. You will have to pay for these services and claim them back as part of your insurance claim.

You’ll also need to pay for the storage of your vehicle. Most repair shops are busy and it can take days or weeks for your car to be repaired. While it’s being held by a repairer, you may need to pay these fees too and claim those back.

Alternatively, by asking for help from Caversham Coachworks or our claims management partners, we’ll arrange the recovery and storage of your vehicle and make sure any payments are deferred before claiming them from the at-fault insurer. It’ll still be added to your claim, but it won’t need you to pay any money up front.

After your car has been recovered, the next thing to bear in mind is how you’re going to get by without having a vehicle. While you can always claim for any loss of earnings as a result of any injuries, you need to find a way of getting back on the road. 

That’s where a replacement vehicle comes in. 

Getting a Replacement While Your Vehicle is Being Repaired

One phrase that’s often mentioned when it comes to getting a courtesy vehicle while yours is in for repair is “like-for-like replacement.”

That can add delays and costs to your replacement rental, as people often believe it means finding a replacement of the correct make and model to your damaged car. It’s far better to think of the car you’re being offered as “an appropriate replacement.” That means if you drive a two-seater electric vehicle, you shouldn’t be offered a diesel SUV – and vice-versa. You want a car that offers similar utility to your vehicle, even if it’s not exactly the same.

Another thing to bear in mind is that what you consider a courtesy car is actually a credit hire vehicle.

Credit hire is the process of providing drivers with a replacement vehicle without any up-front costs. They defer payments so they can claim them back from the at-fault insurer. That way you’re back in the driving seat without needing to pay up front.

The credit hire partner we use is Cogent Hire – who also help us with claims management services, liaising with insurers, helping with recoveries and even using their supply chain to help us source parts to repair your vehicle after an accident. 

No matter the terminology used, your insurer, the company looking after your claim, or Caversham Coachworks and Cogent Hire will make sure you have a replacement vehicle so you can get back on the road. 

It’ll be dropped off at a convenient place – such as your home, workplace or the repair shop – so you can drive off straight away.

Repairing (or Writing-Off) Your Car After An Accident That Wasn’t Your Fault

While you’re driving around in your replacement vehicle, you’ll likely have questions. Some of them we’ve answered elsewhere on our blog, like:

• Can my insurer force me to use their chosen repair shop? (you have the right to choose a repairer)
• Should I ignore minor collision damage (no!)
• Can I carry out a DIY collision repair? (you can, but it’ll waste time and money)

The next question you’ll have is who can repair my car and how long will it take?

The first answer is easy. Whoever you’d like. Drivers around Oxfordshire and Berkshire swear by Caversham Coachworks’ repair services, and we’ll be happy to offer you a free estimate for any repair work.

The second answer is a bit more complex. It depends on how busy your repairer is, and how serious the damage to your vehicle is.

If a repairer has time and the damage is minor and cosmetic, then repairs could only take a matter of days. If the repairer can’t fit your car in for a week, needs to order specialist parts, and has to repair serious structural damage, you could be looking at weeks or even a month or two. 

If your car can’t be repaired due to the damage sustained in an accident, then it’ll be written-off. That means the car will be scrapped or salvaged and used for parts, and the insurer will pay you the market value of your car before the damage.

That’s current market value, not what you paid for it. If your car has depreciated in value by 50% since you took ownership, then you’ll only be paid half of that original fee. 

If you believe your car shouldn’t be written off, or you can find a car with the same mileage, age and spec as your vehicle being sold for more, you can dispute the decision or the figure.

Or you can decline the settlement completely and just buy your car from the insurer and pay for any damages yourself. It won’t be insured, so you’ll need a new policy. 

Driving Away

Once your car has been repaired, then it’s time to return your credit hire car and collect your vehicle from the repairer.

The off-hire process will be down to the provider who leases the replacement car, but typically you’ll be given a time and date for the car to be returned. It can usually be collected from your home or workplace, or you can return it yourself.

In either case, you’ll need to return it in the same state that you received it in, with the same amount of fuel.

Bear in mind that your insurer won’t cover the costs of any damage or any fines you incur for not refuelling your credit hire car, so make sure you follow any instructions you’re given.

With your replacement returned and your car repaired, you’re free to drive away and get on as normal while you wait for your claim to be settled.

What if You’re Hurt?

If you’re injured in a car accident that isn’t your fault, then you need to seek medical assistance straight away, record the extent of your injuries, and report them to the police and your insurer, along with any third party handling your claim.

The UK police classify road traffic injuries into five categories. The most serious is fatality, which is self-explanatory, but the others are as follows:

• Slight (whiplash, shock, bruises, grazes, sprains)
• Less Serious (cuts, limb fractures, minor head injuries)
• Moderately Serious (chest injuries, deeply penetrating wounds, thigh and pelvis fractures)
• Very Serious (broken neck or spine, severe head, chest or crush injuries, internal injuries, severe injuries with loss of consciousness)

If you suffer any of these injuries, you can claim for compensation. The more serious an injury, the more you’ll typically claim.

You can also seek compensation for medical treatment, loss of earnings following an accident, or the after-effects of any injuries you sustain. These will all be looked at on a case-by-case basis and will affect the compensation you’re offered. 

Settling Your Claim – How Long Will it Take?

Typically, most car accident claims take between 12 and 18 months to settle. But the exact time will depend on multiple factors, including:

• Establishing fault and liability
• The extent of any damage
• The extent of any injuries
• The attitude and actions of the insurers involved

The more extensive damage and injury, the less clear the fault, the more need there will be for an in-depth investigation and the longer things will take. 

The best advice is not expect everything to be settled very quickly, and make sure you cooperate with your insurer and service providers to speed things along. 

Should I Just Settle Out of Pocket?

Less than half of drivers have ever made a claim on their insurance, choosing to protect their no-claims bonus in the face of rising premiums. Almost a quarter of drivers have decided to cover the costs of smaller incidents themselves.

It’s a balancing act, and a choice only you can make. Recovering, storing, replacing and repairing a car can be costly, even when weighed up against the costs of your insurance premium. But if an accident wasn’t your fault, it’s worth looking at your policy.

Some insurers allow drivers to make up to two claims within a five year period without losing the no claims discount, so if this opportunity is available to you, then it makes sense to claim instead of footing the bill yourself. Especially because someone else was to blame for the accident. 

And even if you don’t want to claim, you still have to notify your insurer within 24 hours or risk validating your insurance. 

So You’ve Had an Accident – What Now?

If you’re one of the unlucky 0.2% of people involved in a car accident this year, you know what to expect. 

After an accident that wasn’t your fault, you’re clear on what to do at the scene, who to talk to, how to recover and repair your car, and when your claim could be settled. We hope you never need to use what you’ve learned. But if you do, we’re always here to give you a helping hand.

Caversham Coachworks offers repair services to get you back on the road after an accident, and we work with drivers around Berkshire and Oxfordshire. But if you’re located further afield, you’re still in the right place.

We partner with a leading mobility expert – Cogent Hire – who help drivers all over the UK after accidents, and they’ll be happy to step in if you’re too far away for us to help you directly.

So what do you do after an accident that wasn’t your fault? Simple…

Ask Caversham Coachworks for help