How to get a claim after a Non Fault Accident

The screech of metal, the jolt of impact the aftermath of a car accident is stressful enough, but when it's not your fault, the confusion can compound the frustration. The natural instinct? Call your insurance company. However, in the UK, when you're the blameless party in a collision, there might be a better course of action: making a non-fault accident claim directly against the at-fault driver's insurer. Here's why holding off on contacting your own provider could benefit you significantly.

Why Your First Call Shouldn't Be to Your Insurer

While your insurance policy is there to protect you, claiming on it after a non-fault accident can have unexpected consequences. Here are the key reasons to consider an alternative approach:

• Premium Hike: Even if you're not at fault, filing a claim through your insurer can lead to a premium increase at renewal. Insurance companies view any claim, regardless of fault, as an increased risk.
• Loss of No Claims Bonus: The No Claims Bonus (NCB) system rewards you with lower premiums for each claim-free year. A non-fault claim can still affect your NCB with some insurers, depending on their policy wording.
• Potential for Dispute: Even in clear-cut cases, the at-fault driver's insurer might contest liability. This can drag out the claims process and leave you waiting for repairs or compensation.

The Power of the Non-Fault Claim

Making a non-fault claim directly against the at-fault party's insurer offers several advantages:

• Protecting Your Premium: By keeping your own insurer out of the loop, you avoid the risk of a premium increase or NCB loss.
• Maximizing Compensation: You have more control over the claims process and the potential to negotiate a better settlement for repairs, car hire, and any personal injuries sustained.
• Faster Resolution: Specialist accident management companies can handle the claim on your behalf, expediting the process and freeing you from the hassle.

Taking Action after the Accident: Essential Steps

Being prepared can make a big difference in the aftermath of a non-fault accident. Here's what you should do:

1. Ensure Safety: Check yourself and any passengers for injuries. If necessary, call emergency services immediately.
2. Gather Evidence: Take pictures of the damage to all vehicles involved, the scene of the accident, and any injuries sustained. Note down details like weather conditions, date, and time.
3. Exchange Information: Get the name, contact details, and insurance information of the other driver and any witnesses.
4. Report the Accident: Inform the police if there are injuries or significant damage. You should also notify your insurer within the timeframe stipulated in your policy, but clarify you won't be making a claim through them.
5. Seek Legal Advice (Optional): For complex accidents or significant injuries, consider consulting a solicitor specializing in personal injury claims.

Choosing the Right Path: Accident Management Companies

Navigating the complexities of a non-fault claim can be daunting. This is where Accident Management (AM) companies come in. These specialists deal with insurance companies on your behalf, handling the following:

• Negotiating Settlements: AM companies have extensive experience in maximizing compensation for your car repairs, car hire, and any injuries.
• Gathering Evidence: They can help collect witness statements, obtain police reports, and ensure all necessary documentation is in order.
• Liaising with Insurers: AM companies handle all communication with the at-fault driver's insurer, freeing you from the stress and technicalities.

Choosing an AM Company:

Look for a reputable company with a proven track record and transparent fees. Many work on a "no win, no fee" basis, meaning they only get paid if they recover compensation for you.

The Bottom Line: Don't Be a Victim Twice

Being involved in a car accident is stressful, but by understanding your options, you can navigate the situation to achieve a fair outcome. In the case of a non-fault accident, consider the potential drawbacks of involving your own insurer. By taking charge and pursuing a non-fault claim directly, you can protect your premium, maximize your compensation, and minimize the hassle of the claims process. Remember, knowledge is power. Don't be a victim twice – take control and ensure you receive the compensation you deserve.

Process Steps to Get a Claim from Insurance Company

The process for getting a claim from an insurance company (UK) will differ slightly depending on the type of claim (car accident, home insurance, etc.) However, here's a general breakdown of the key steps:

1. Report the Incident:

• Contact your insurance company as soon as possible after the incident, typically within 24-48 hours (check your policy for specific timeframe).
• Report the details of the incident, including the date, time, and location.

2. Gather Evidence:

• Document everything! Take photos and videos of the damage (car, property, etc.).
• Collect any relevant paperwork, like police reports, medical records (for injury claims), receipts for repairs (temporary fixes you made), and witness statements (if applicable).

3. File a Formal Claim:

• Your insurance company will likely provide a claim form online or over the phone. Fill it out accurately and completely, attaching all the evidence you gathered.

4. Adjuster Assessment:

• Depending on the claim type, an adjuster might be assigned to assess the situation. They may visit the scene (car accident) or request further information/documentation.

5. Claim Evaluation and Negotiation:

• The insurance company will review your claim and policy details to determine coverage and payout amount. You might receive a repair quote or compensation offer.
• In some cases, negotiation might be necessary to ensure a fair settlement.

6. Claim Settlement:

• Once an agreement is reached, you'll receive the claim payout, typically via cheque or bank transfer. In some cases, your insurer might deal directly with repair shops or medical providers.

Additional Tips:

• Be honest and transparent throughout the process.
• Keep copies of all communication and paperwork related to your claim.
• Understand your policy coverage and exclusions to avoid claim denials.
• If unhappy with the settlement offer, consider seeking legal advice (especially for complex claims).

Remember, this is a general guideline. Always refer to your specific policy wording and contact your insurance company for detailed instructions on filing a claim.

Conclusion

While the initial shock of a non-fault accident might make contacting your insurer seem like the easiest option, a little knowledge can empower you to make a more strategic choice. By understanding the potential drawbacks of claiming on your own policy and the advantages of a non-fault claim, you can protect your finances, receive the compensation you deserve, and get your life back on track faster. Remember; don't be afraid to seek professional help from accident management companies or solicitors if needed. Take charge, navigate the process wisely, and ensure a fair outcome after a stressful experience.

Disclaimer:

This article provides general information about non-fault accident claims in the UK and is not a substitute for legal advice. For specific guidance on your situation, consult a solicitor specializing in personal injury claims.

FAQs:

1. Do I have to inform my insurer about a non-fault accident?

Yes, you should notify your insurer within the timeframe outlined in your policy, but clarify that you won't be making a claim through them. This keeps them informed and adheres to your policy terms.

1. What if the at-fault driver's insurer denies liability?

If the other party's insurer disputes fault, an Accident Management (AM) company can negotiate on your behalf and present evidence to support your claim. In some cases, seeking legal advice from a solicitor specializing in personal injury claims might be necessary.

1. How long does a non-fault accident claim typically take?

The timeframe can vary depending on the complexity of the case, the severity of damage, and potential disputes. Involving an AM company can expedite the process as they handle communication and negotiations with the insurer.

1. Are there any costs involved in making a non-fault claim?

Many Accident Management companies work on a "no win, no fee" basis. This means they only charge a fee if they successfully recover compensation for you. Always check the specific terms and fees of any AM company before proceeding.

1. What if I sustained injuries in the accident?

If you've been injured, seeking medical attention is the priority. You can still pursue a non-fault claim while recovering, and the compensation may include medical expenses, lost income, and pain and suffering. Consulting a solicitor specializing in personal injury claims can be beneficial in such cases.