How To Claim After Non Fault Car Accidents
How To Claim After Non Fault Car Accidents
How to claim after a non-fault car accident? Will a non-fault car accident affect my insurance? Do I have to claim through my insurance? These are the 3 most common questions drivers consider after their car is damaged in an accident. The reason people ask these questions is to discover the best vehicle claim solution that avoids; incurring costs, further inconvenience, and any negative effects to their insurance policy. So what is the answer? This page will provide detailed information about all aspects of claiming after a non-fault car accident. Our objective is to provide information that enables drivers to make the correct choices, and most importantly, understand their rights and entitlements to claim after a non-fault car accident.
Quick Answers:
How to claim after a non fault car accident? Answer – via your car insurance, legal cover or Independently with a direct claim against the at-fault drivers insurance company. It is also possible for drivers to contact the at fault drivers insurance themselves as many insurers have teams ready to assist.
Will a non fault claim effect my insurance? Answer – It can do, even if you claim directly from the at fault drivers insurance company you did not use your own insurance service. Consult your insurers for how a non fault claim may effect your insurance. If you claim directly from the fault drivers insurance will you have no excess to pay. Also drivers can dispute any raise in premium related to non-fault car accident. Drivers can also request a liability statement letter from the fault insurer stating that you are not considered negligent for the accident and liability was accepted by their insured (the at-fault driver) Ultimately each policy is different and will depend upon your insurers.
Do I have to claim with my insurance after a non fault car accident? Answer – No, drivers usually have no obligation to claim with their insurer after a non-fault car accident.
The Most Efficient And Effective Way To Claim
So how can you claim after a non-fault car accident? You have 2 main options; your car insurance company claims service, or an independent direct vehicle claim service. Understanding the differences between the two claim services often highlights one thing, there is often a clear advantage in claiming with an independent service. The fundamental reason for this is that independent vehicle claims services act only upon your instruction and in your best interest, and most importantly, by claiming directly from the negligent parties insurance company (the at-fault driver’s insurance) you have no excess to pay and you have full control over your vehicle claim. This means that you decide where your car is repaired, not an insurer. And if your car is written off, you agree the write off valuation via an independent engineer who ensures you’re given an accurate valuation, not a standard book value from an insurer. You also ensure all of the entitlements are available to you without compromise, for example, an insurer will often offer a small courtesy car from a body repair centre, when you’re fully entitled to receive a cost-free ‘like for like’ temporary replace vehicle/courtesy hire car.
“you have no excess to pay and you have full control over your vehicle claim”
So let’s go into further detail and highlight the difference in services between an insurer and an independent vehicle claim service. This will highlight the contrast between what you are entitled to, and what many insurers will offer you. We will explain why selecting the right vehicle repair centre is so important. Why having an independent engineer inspect your vehicle can avoid financial loss. And why you should not have to compromise over courtesy car provision. We will also cover your rights and entitlements, and which laws are used to process car accident claims and how they work.
Advantages of Claiming Directly After A Non Fault Car Accident
The following sections detail each aspect of a non-fault car accident claim and highlight the real difference between claiming with our insurer and claiming directly with an independent vehicle claim service. We cover each aspect of the claim individually and set out your rights and entitlements of claim and the importance of processing each head of claim correctly to ensure you do not sustain a financial loss or negative effect from a car accident that was not your fault. Drawn from two decades of experience it seems that claiming directly from the negligent parties insurance company is often the most efficient and effective way to claim. The following details are listed by claim type provide clear insight into your entitlement and best practice concerning each specific head of claim.
Non Fault Accident Car Repairs
If you claiming directly with an independent vehicle claim service you get to decide where your vehicle is repaired. This is important for many reasons. For example, vehicles often have hold manufacturer warranties which are only preserved if repairs are carried out by manufacturer-approved repair centres. There is also a similar potential issue for drivers who have purchased their vehicles through vehicle financing or lease agreements. These agreements almost always state that any repairs should be carried out by manufacturer-approved repair centres, failure to do so will result in the own becoming liable to pay for any repair work corrections. With most insurers appointing their preferred repair centre, whilst this may be good for them, it may not be so good for you as the vehicle owner. There is also the issue of specialist vehicles such as classic cars, high performance or prestige vehicles. These vehicles types require the services of specialist repair centres to ensure the work is carried out at to the correct standard and to preserve the vehicles value. Visit our courtesy car and vehicle repair claim page for details of how ACC can assist you.
Vehicle Diminution Claim
Vehicle loss of value due to repairs. Accident repaired vehicles can have their resale value affected by the repairs, for example, if a potential buyer is presented with 2 identical vehicles, yet one has undergone an accident repair, the buyer will always select the fully original vehicle to purchase or wish to pay a lower price for the accident repaired vehicle. This difference in value can be claimed for with a vehicle diminution claim, something not considered by most insurers.
Non Fault Accident Write off valuations
Claiming with an independent vehicle claim service will ensure your vehicle write off value is correctly calculated to enable the replacement without sustaining any financial loss. Independent claims services appoint independent vehicle engineers. The engineer inspects the vehicle in person and produces a detailed report. The report covers these vehicles pre-accident condition, its, exact specification, age, mileage, service history, and the current market value to replace them with an identical vehicle. With independent vehicle claims service only acting upon your instruction, you get to agree the report and your vehicles valuation. In contrast, most insurers now use desk engineers and standard book values. For further details on non-fault write-off claims, visit non fault accident write off claims page.
Non Fault Accident Courtesy / Hire Car Entitlement
Claiming with an independent vehicle claim service ensures you receive a ‘like for like’ courtesy hire car after an accident. Drivers are entitled to receive a temporary replacement vehicle of the same size, standard, and specification as that of their vehicle after a non-fault car accident. Non fault accident courtesy car services claim the cost of the vehicle directly from the at-fault driver’s insurance company at standard insurance rates (ABI rate). Drivers are entitled to keep the temporary vehicle until their vehicle claim is settled. The entitlement is not affected by your damaged vehicle repair or write off status. The temporary replacement courtesy hire car is your entitlement under Tort law. In contrast, insurers can often only provide a small repair centre courtesy car or often at best, a similar size car to your own. Drivers do not have to compromise if they claim with an independent service after a non-fault car accident.
Speed of service
Independent vehicle claim service specialise in non-fault vehicle accidents only. Because they act upon your instruction and in your best interest they must process non-fault vehicle claims as quickly and efficiently as possible. This is because as the non-fault party in the accident, their customer has a duty to mitigate their losses after the accident. To ensure the customers is mitigating losses vehicle claims must be processed quickly and without delay. As a result, vehicles are inspected within 48 hours of instruction and vehicle status reports are produced within 24 hours of the inspection. Once the report is agreed upon by the customer, vehicle repair authority is granted to the customers preferred repair centre. In the event of a write off the customers agreed write off value claim is submitted to the negligent parties insurance company including the engineer’s report and full and detailed supporting evidence of their valuation. As a result of this fast efficient process vehicles are booked in for repair quickly and write off values are agreed and submitted for claim often substantially quicker than the time an insurer will take to do the same.
What Can I Claim For After A Non Fault Car Accident?
The following section covers the most common heads of claim you can claim for after a non-fault car accident. We provide details of each claim type, your rights, entitlements and how the claim is made. If you have been involved in a car accident that was not your fault the is a simple fixed rule to remember when considering what you can claim for. Any loss you have incurred as a direct result of negligent parties action is recoverable directly from their insurer. Drivers should not sustain any loss, be it physical or financial without receiving compensation of full recovery of the loss incurred. Contact your insurers, legal cover prover or a suitably specialist solicitor for asssitnace with claims.
Vehicle Damage Claims
If the car accident was not your fault you are entitled to claim for the full cost of the vehicle damage sustained in the accident. The resulting claim can be for either the full cost of repairs or should the damage have written your vehicle off, you can claim for the write off value of your vehicle. Write off value equates to the cost you will incur to purchase a replacement vehicle of the same vehicle type, specification, age, mileage and condition as that of your own written-off vehicle. During the claim process, you are entitled to a like for like courtesy hire car to keep you on the road until your vehicle damage claim is settled. The claim can be made directly to the fault drivers insurer meaning there is no cost to you or your cars insurer.
Replacement Vehicle Claims
If the car accident was not your fault you are entitled to claim for the full cost of the vehicle damage sustained in the accident. The resulting claim can be for either the full cost of repairs or should the damage have written your vehicle off, you can claim for the write off value of your vehicle. Write off value equates to the cost you will incur to purchase a replacement vehicle of the same vehicle type, specification, age, mileage and condition as that of your own written-off vehicle. During the claim process, you are entitled to a like for like courtesy hire car to keep you on the road until your vehicle damage claim is settled. The claim can be made directly to the fault drivers insurer meaning there should be no cost to you or your insurer. Contact your insurers, legal cover or a suitable specialist solicitor for assistance with claiming.
When your vehicle sustains damage in a non-fault car accident, an insurance company can provide you with a temporary replacement vehicle during the vehicle repair period. This may help you to get back on the road, but often the car is only a small standard group A vehicle. Perhaps more importantly if your car is then found to be a write off they will request the car is returned. In contrast, you’re legally entitled to a like for like courtesy hire car after the accident and until your claim is settled. We provide a nationwide cost-free like for like courtesy hire car service after non-fault car accidents. If you need help with a temporary car after an accident contact ACC today.
Types Of Replacement Car After A Car Accident
- Credit hire – Credit hire is the most common form of replacement vehicle provides after a non-fault car accident. Credit hire companies services are offered by both fault and non-fault insurers or you can go directly to a credit hire company to obtain a temporary replacement vehicle. The advantage of credit hire is that service is specifically structured to provide the non-fault driver with a cost-free ‘like for like’ replacement car during the claim process. Insurers are party to ABI standards and GTA protocols which create a framework that enables swift settlement of credit hire charges as part of the non-fault drivers uninsured losses claim.
- Claim loss off use – Loss of use claims can be made if as an alternative if a temporary replacement vehicle has not been attainable after the accident. Typically loss of use is valued at around £15 per day. The claim is made from the day your vehicle is considered un-roadworthy and until your vehicle claim is settled, this usually will take around 2 weeks.
- Claim a courtesy car – A courtesy car can be provided by your insurer appointed vehicle repair centre. However, most larger accident repair centres will offer a courtesy car to secure the repair work. Courtesy cars from repair centres are usually standard small group A vehicles. They are only offered in the event your vehicle is repairable. Should it be written off the courtesy car must be returned. ACC provide a non-fault accident courtesy car service which ensures you receive a cost-free like for like courtesy car after the accident and until your vehicle claim is settled. We provide this service in line with your consumer entitlements, the cost of the vehicle is claimed directly from the negligent parties insurance company. We provide courtesy vehicles regardless of your vehicles repair or write off status. To discover more visit our Accident Replacement Vehicle Pages.
- Claim Car Hire – Drivers involved in a non-fault car accident can hire a vehicle at a standard daily rate and claim the cost as an uninsured loss. If you wish to claim car hire charges after an accident you must ensure there are no delays to your claim. It’s your responsibility to mitigate your losses after an accident, if you wish to claim car hire charge reimbursement you must ensure the following: The daily hire car charges are reasonable. The vehicle is of the same or lesser group standard to that of your vehicle. The period of hire is kept at an absolute minimum.
Claims for Pecuniary Losses
After a non-fault car accident drivers can claim for the losses sustained as a direct result of the accident. These are known as pecuniary losses. A pecuniary loss refers to a financial loss sustained, in this case relating to your non-fault car accident. Pecuniary loss claims are made to return you to a neutral financial position as you were before the accident. The idea being that any financial loss you may have incurred as a result of the accident is claimed to recover the cost of your losses. An example of the most common claims made are as follows:
- Vehicle Damage (Repair Cost / Write Off Value)
- Vehicle recovery and accident related services costs
- Temporary transportation costs
- Loss of earnings
- Medical treatments and cost
- Property damage and personal effects
- General losses and expenses
Car Accident, Do I Have To Claim With My Insurance?
You do not usually have to claim with your car insurance. If the accident was not your fault you can claim with ACC vehicle claims service. Your claim is progressed directly against the negligent parties car insurance. As a result, you have no excess to pay and no costs for pursuing the claim directly. Claiming directly against the at-fault driver’s insurance company is the most efficient effective way to claim and ensure you receive all of your claim entitlements in full. Visit our car accident vehicle claim page for detail of how ACC can help with the vehicle aspect of your claim. Or contact your insurers, legal cover service or a suitable specialist solicitor.
Will A Non Fault Car Accident Affect My Insurance?
If the claim is made against the fault drivers insurance company directly the claim scan have no impact upon your insurance policy but this is not always the case. To help ensure you do not encounter any negative impacts upon your car insurance policy a letter of liability confirmation can be requested from the negligent driver’s insurers. This letter states accident liability in writing and confirms that you were not liable for the accident. This letter can then be presented to your insurer should they unreasonably try to increase your car insurance premium for an accident that was entirely not your fault. For clarity on this subject consult your insurers
Car Accident Claims And Tort Law
None fault car accident claims are processed through the use of Tort laws. A tort is a civil wrong caused by the ‘tortfeasor’ which unfairly results in loss or harm to another. In the circumstances of a non-fault car accident, the ‘tortfeasor’ is the negligent driver who is responsible for the causation of the accident. This makes the ‘tortfeasor’ or specifically their car insurer, liable to cover the cost of the losses incurred by you, as the ‘non-fault party’ in the accident. Claims under Tort law are dealt with by the civil courts, however, the vast majority are settled out of court through mediation with the liable parties insurance company. There are 4 elements to tort law: duty, breach of duty, causation, and injury. In order to claim for the sustained losses, there must be a breach in the duty. In the instance of a car accident, the breach of duty is found in the actions of the negligent driver which as a result caused your losses. For legal assistance after an accident consult your insurance company or a suitable specialist solicitor or legal service.
Accident Courtesy Car (ACC) Services
Accident Courtesy Car (ACC) provides a comprehensive vehicle damage claim and courtesy hire vehicle solutions. Our service is available to any UK driver involved in an accident that resulted in loss or damage to your vehicle as a result of a correctly insured negligent party. This could mean a road traffic accident, or your car being hit or damaged whilst parked.
We provide full non-fault car accident vehicle claims assistance together with the guaranteed provision of a true like for like courtesy car / temporary replacement vehicle after the accident. We keep you in the replacement vehicle until your vehicle damage claim is settled. This can mean your car being fully repaired and returned to you, or in the event of a write off claim, you keeping the replacement vehicle until your agreed write off value is paid out and cleared funds are available to you. Our service is available nationwide and is open 24 hours a day, every day of the year. You do not have to be a policyholder as our direct claim service is open at no cost to any UK driver who has been involved in an accident that was not their fault. For independent car accident claim advice visit the UK Citizens Advice web page on non-fault car accident claims.
For immediate assistance contact a member of our team today.