Can I Make A Non-Fault Accident Compensation Claim?

By Olivia Henderson. Last updated 3rd March 2021. Welcome to our non-fault accident compensation claims guide. Were you not at fault for an accident on the road but suffered injuries because of it? If so, you could be eligible to make a non-fault accident compensation claim. Within the sections of the guide below, you’ll find a wealth of information relating to no-fault accidents. We’ll offer guidance on what is considered a no-fault accident, as well as giving you examples of potential compensation awards for different injuries.

In addition, you will find details of eligibility criteria for non-fault injury claims as well as guidance on finding a specialist solicitor to help with your claim. If you would like further advice on any of the information in the guide below, please do not hesitate to get in touch with us here at Legal Helpline. We can be reached on 0161 696 9685. There is further contact information at the end of the guide.

Jump To A Section

A Guide To Claiming Non-Fault Accident Compensation

non-fault accident compensation claims

non-fault accident compensation claims

Were you injured in an accident that you were not at fault for? Did you know that it could be possible for you to make a claim for compensation, not just for the injuries you have sustained but for the financial losses you may have incurred as a result of the accident? This non-fault accident compensation claims guide aims to offer you information on what happens in regards to making a claim for compensation. We will give you guidance on reporting a non-fault accident, as well as examples of compensation amounts that you could be eligible for if you suffer injuries in such an accident.

How Common Are Road Accidents?

According to government statistics, in 2019, there were 1,752 people fatally injured on UK roads. In addition to this, a further 25,945 people suffered serious injuries in road traffic accidents that year. While these are more positive figures than in previous years, they serve as evidence of the risks that exist to those travelling on UK roads, whether they are pedestrians, motorcyclists, drivers, passengers or other road users.

If you have been injured in a road accident on UK roads and you can prove the accident was not your fault, you could be eligible to make non-fault accident compensation claims.

What Are No-Fault Accidents?

Before we discuss making non-fault accident compensation claims, we should first answer the question, ‘what is a no-fault accident?’

A non-fault accident is one in which the claimant is completely free of blame. They played no part in causing the accident in which they were injured. In no-fault accident compensation claims, the claimant would be required to prove that they were completely blameless and that it was the third party or external factors that caused the accident, and in turn, their injuries.

There is usually a time limit for making such claims, particularly where road traffic accidents are concerned. The personal injury claims time limit is three years from the accident date.  There are some exceptions that could mean a claim could be heard after three years have passed, but these are only granted in exceptional circumstances. It’s therefore important to seek legal advice as soon as possible following the accident.

In cases involving children under the age of 18, a parent could claim on their behalf. Or when the injured child turns 18, they are granted until their 21st birthday to make a claim.

If you are not sure whether your situation satisfies the definition of a  non-fault accident or whether you would meet the eligibility criteria for a non-fault accident compensation claim, then we could help. By calling us, you could take advantage of a free, no-obligation case assessment to see if you could launch a claim.

Types Of No-Fault Accidents

There are a variety of examples of non-fault accidents which we have detailed in the sections below. If you have had a no-fault accident that differs from those that we have mentioned, it does not mean you could not make a claim. Simply call our team and we would be delighted to assess your case for you.

Non-Fault Accidents In The Workplace

Whether you are driving a company car, a lorry, or any other vehicle for work, if you are involved in a non-fault accident at work, you could be eligible to claim compensation for your injuries and any costs and losses incurred because of the accident.

Non-fault accident compensation claims would usually be against the party at fault for the accident but your employer would likely have a part to play in the claims process too. They might also be an interested third party in your claim, and they might also be claiming against the liable party for the losses and costs they’ve experienced due to the accident. Their claim could include business costs for the damage to the company vehicle, for example.

Non-Fault Courtesy Car Accident Claims

This type of non-fault accident would be similar to a non-fault accident at work in a company vehicle. A courtesy car company would likely want to pursue an accident claim for damages to their own vehicle in a car crash, as well as the loss of income that they would normally have earned from renting out that vehicle.

In addition to this, you may want to make your own non-fault injury claim for personal injuries you have suffered, as well as any costs and losses you have incurred because of the accident. This could include things like loss of past or future earnings, travel expenses or physiotherapy sessions. We will cover this in more detail below.

Do I Need To Have Been Injured To Make A No-Fault Claim?

While some people could assume that they could only make non-fault accident compensation claims for personal injuries, this is not necessarily the case. There may be financial costs and losses you’ve sustained as a result of a no-fault car accident, and this could be claimed for within a no-fault accident claim.

How No-Fault Accidents Affect Insurance Policies

If you’re wondering how a non-fault accident compensation claim could affect your insurance policy, this all depends on your insurance provider. It might be a good idea to take a look at what your policy documentation says about claiming for a non-fault accident.

Usually, your premium costs would be recalculated to take into account your road accident, and your non-fault claim, and this could affect how much you pay for your policy next time you are due to renew your car insurance.

As a general guide, many insurance providers would raise your premiums by approximately 30% after you have made a non-fault road accident claim. The more no-fault injury claims you make, the higher your premiums could be.

How No-Fault Accidents Affect No Claims Bonus

If you were injured in a no-fault accident, your no-claims bonus allowance could be lowered, yet it would not likely be lowered as seriously as it would have been if you’d have had a car accident that was your fault.

It’s also important to note that even if you paid the non-fault accident excess out of your own pocket, your no claims bonus would still be affected by your non-fault accident claim.

Evidence To Support Non-Fault Accident And Injury Claims

Depending on the type of accident that you have been injured in, the evidence you would need to provide may vary. While witness statements, your description of what has happened and medical evidence could be useful in many different types of accident claims, there are three forms of evidence that could be very useful. These include:

  • CCTV/dashcam footage – If there was CCTV/dashcam footage showing events surrounding the accident, this could go some way towards proving what had occurred.
  • Police report – If you were injured in a no-fault road traffic accident and the police attended the scene, a police report would usually be written up after the accident. This could be used as evidence in your claim.
  • Insurance reports – If your car was written off in an accident, insurance reports that detail this could be quite useful.

Non-Fault Accident Compensation Claims Calculator

Like many people, you could be wondering how much non-fault accident compensation claims could attract before you consider going ahead with one. If so, the information in the table below could be of use to you when you are making this decision. We have included a table instead of using a personal injury claims calculator as we believe it is a quicker way to give you an approximation of how much compensation certain injuries could be worth. The figures below come from the Judicial College Guidelines, a document which details different injury types and the levels of compensation awarded for those injuries.

Your InjuryCompensation BracketNotes
Severe neck injuryIn the region of £139,210 This could cover injuries such as those associated with cases of permanent spastic quadriparesis, or those with incomplete paraplegia. Conditions leading to untreatable headaches could also fall into this bracket.
Severe neck injury£61,710 to £122,860Cervical spine disc damage or other serious fractures. These fall short of those in the bracket above, but could be considerably severe. Loss of function in one or more of the limbs could see claims fall into this bracket.
Neck injury – severe£42,680 to £52,540Severe soft tissue damage/dislocations or fractures that lead to significant levels of disability which are considered permanent. Chronic conditions could also feature in this bracket.
Moderate neck injury£23,460 to £36,120Dislocations/fractures leading to immediate symptoms being experienced, such as severe pain. This type of injury could markedly impair function and could leave claimants vulnerable to further trauma in the future.
Neck injuries – moderate£12,900 to £23,460Where wrench type injuries or soft tissue injury causes lesions to discs which could result in cervical spondylosis.
Back injuries – severe£36,390 to £65,440Disc lesions or disc fractures which lead to remaining disabilities which could leave the injured party in severe pain, with agility impairment, sexual function impairment, unemployability and more.
Back injury – minor£7,410 to £11,730Recovery to nuisance level or full recovery has taken place or is likely to take place within 2-5 years.

If you cannot see your injury in the table above, call our team for assistance. We could look at the guidelines for you and give you an approximation of how much an injury could be worth. However, it is important for you to know that the precise value of your claim would not be known until you have been examined by a medical expert as part of the claims process. The task of the expert is to compile a report detailing your condition and prognosis. Their findings would be used to value your non-fault accident compensation claim.

Special Damages Applicable To No-Fault Claims

As well as being compensated for your pain, suffering and loss of amenity,  there are other damages you could claim for. These are referred to as special damages, and are designed to compensate you for any financial losses or expenses you have incurred, or will incur in the future, as a result of your injuries. Some of the things you can claim for include: :

  • Care expenses – If you have needed someone to help you with washing yourself, or getting dressed, for instance, because of your injuries, these costs could be claimed for in the form of an hourly wage;
  • Wage losses – Loss of wages could be a consequence of your injuries if you needed time off work to recover. It’s possible to recover this, as well as the likes of lost bonuses, or if your injuries are so severe that you can no longer work, or will need to do a different kind of job in the future, you can claim for this lost income too.
  • Travel/Medical expenses – any travel or medical expenses that have directly resulted from your injuries could be included within your claim. This could include transport to medical appointments or prescription.

The most important thing to do when it comes to special damages is to keep all receipts and invoices. You can only claim for losses that can be evidenced. 

Steps To Take If Injured In A No-Fault Accident

For those injured in a non-fault accident, there are certain steps they could consider taking when making non-fault accident compensation claims. These could include:

  • Seeking medical attention – If you are injured, it could be a good idea to seek medical attention so that you can get the most appropriate advice and treatment.
  • Reporting the accident – Reporting a no-fault accident could be something you do yourself if you are not too badly injured, or it could be something that someone else does for you.
  • Write down what has happened – Keeping a note of the events surrounding the no-fault accident could lead to you having something to refer back to if you are asked about what happened later on.
  • Take witness details – It might be wise to take a note of any names and contact details of people who have witnessed what has happened to you.
  • Keep evidence – Whether this is photographs of your injuries, or of the scene of the accident, or proof of costs incurred because of your injuries, or even dashcam footage, all this evidence could be useful should you wish to make a personal injury claim later on.
  • Get some advice – Taking advice from someone with experience in personal injury claims could be beneficial. Even if you are not sure whether you could be eligible to make a claim, an advisor from Legal Helpline could offer you some guidance and support.

How Our Team Could Help You Claim For A No-Fault Accident

You might be wondering whether you’d be eligible to claim compensation for your injuries, and you might also be under the assumption that you’d have to pay for a consultation to check your eligibility. However, this is not the case with Legal Helpline. We offer a free, no-obligation eligibility check for non-fault accident compensation claims. What’s more, we could also offer you advice on your situation, giving you all the information you need to make a decision on what action to take.

We could even connect you with a No Win, No Fee personal injury solicitor that could help you take your claim forward.

We understand that we are not the only company to offer this service; there are other options out there for you, but we do believe that if you chose to work with us, you would not be disappointed. Our dedicated, professional advisors know only too well how stressful making a personal injury claim can be, and they aim to take as much stress out of the process as possible.

Many of our previous clients have recommended us because of our commitment, knowledge and high-quality customer care. We have helped many claimants successfully claim compensation for their injuries, and we would be delighted to help you too.

No Win, No Fee Claims For Non-Fault Accident Compensation

You might think that you would have to pay for assistance from a personal injury solicitor before they would take on your claim. However, with No Win No Fee claims, it doesn’t have to be that way. If your personal injury lawyer failed to obtain you a payout you would not be required to pay any of their fees.

Instead of paying your lawyer upfront, you would sign a CFA, or Conditional Fee Agreement as it is known, which would detail the amount you would have to pay your solicitor in the event that they were able to secure you a compensation payout. This is referred to as a success fee, and would usually be a percentage of your total payout, but don’t worry, it’s legally capped.

All of the solicitors we could connect you with work on this basis, so if you would like to know more about the benefits of claiming in this manner, please do not hesitate to get in touch. Alternatively, continue reading to learn more about making non-fault accident compensation claims.

Begin A Non-Fault Accident Compensation Claim

If you’re ready to begin a non-fault accident compensation claim, or you’re not sure whether you’d be eligible to claim for your non-fault injury, why not call us today at Legal Helpline. We could offer free advice and support if you are considering making this type of claim. We can be reached via telephone on 0161 696 9685, through our Live Chat on our website, via the contact form. Whatever your situation, why not get in touch for advice and support today?

Non-Fault Accident Claim Resources

NHS Whiplash Information – If you’re suffered whiplash in a non-fault accident, this NHS resource may be of use to you.

The Highway Code – Here, you can see the Highway Code in full.

Roundabout Accidents – This link takes you to our guide on roundabout accidents. It contains lots of information relating to this type of accident.

Whiplash Claims – Here, you can see our guidance on whiplash claims. If this is the type of injury you’ve sustained, this could be a useful resource.

Motorcycle Claims – If you’ve been injured on a motorcycle and are looking into making a no-fault accident claim, this guide could be of interest.

Thanks for reading our non-fault accident compensation claims guide.

Written by JJ

Edited by REB