Whether an accident was your fault changes everything about your claim. Here's how fault is decided and what a non-fault claim means for you.
The single biggest factor in any motor claim is who was at fault. It decides who pays, whether you keep your no-claims bonus, and whether you get your excess back.
What does non-fault mean?
A non-fault accident is one that wasn't caused by you — another driver was responsible. In that case their insurer should cover your losses, which is why you can claim without using your own policy, paying your excess, or losing your no-claims discount.
How is fault decided?
Liability is decided on the evidence — not on what's said at the scene. That's why photos, dashcam footage, witness details and the police report matter so much. Some situations are almost always non-fault, such as being hit from behind.
What about split liability?
Sometimes both drivers share blame — for example 50/50 or 75/25. You can still claim, but compensation is reduced in line with your share of responsibility.
Why it pays to get advice
Insurers don't always offer a fair view of liability. We assess the evidence, argue your case and make sure a non-fault accident is treated as exactly that. Call us for a free assessment.
How insurers actually decide
Insurers assess liability against the Highway Code and case law patterns: rear-end collisions are almost always the following driver's fault; a vehicle emerging from a side road is usually liable; lane-change and roundabout disputes turn on the evidence. This is why dashcam footage has become decisive — it converts a word-against-word 50/50 into a clear non-fault claim, protecting both your excess and your no-claims bonus.
Frequently asked questions
What counts as a non-fault accident?+
A non-fault accident is one that wasn’t caused by you — another driver was responsible. Their insurer should cover your losses, which is why you can claim without using your own policy, protecting your no-claims bonus and excess.
How is fault decided after a car accident?+
Liability is decided on the evidence, not what’s said at the scene — photos, dashcam footage, witness details and the police report all matter. Some scenarios, like being rear-ended, are almost always treated as non-fault.
Can I still claim if the accident was partly my fault?+
Yes. Where both drivers share blame — for example a 50/50 or 75/25 split — you can still claim, but your compensation is reduced in line with your share of responsibility.
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Sources
About this guide. Written and reviewed by Swift Assist's claims specialists, who handle non-fault motor accident claims for UK drivers every day. Figures are taken from official UK sources and checked on publication. It is general information, not legal or financial advice. See our sourced UK statistics.