How to prove a car accident wasn’t your fault.
Car accidents are not situations that anybody want’s to find
themselves in. A common question people ask online after an
accident is ‘How to prove car accident wasn’t your fault?’
If you’ve been in a car accident that wasn’t your fault, the first and most important aspects are:
1. Ensuring everyone is safe after the accident
2. Collecting evidence and knowing how to prove the car accident wasn’t your fault
Evidence to consider includes:
- Driver’s Details & Information
- All Passenger Details
- Both Vehicle’s Information
- Photo’s & Video Evidence
- Road & Weather Conditions
- The Date & Time
- Any Injuries that occurred
- Any Witnesses Details
- How The Collision Happened
Useful Tip: Use a mixture of drawn diagrams, photographs and videos to collect evidence of the accident.
you need to make a non-fault accident claim and present all of your evidence to your claims handler. They will then use this to prove that the accident wasn’t your fault while claiming against the other driver’s insurance policy.
To effectively prove the car accident wasn’t your fault, an important decision to make is who you choose to process your non-fault claim.
It’s common for people to call their own insurance company first after an accident. However, working with an Accident Management Company instead will provide you with an independent, non-fault expert team to help with your claims management and claim success.
Click here to learn more about claiming with an Accident Management Company or speak to us now on 0330 128 1407.
Remember: Car accidents are not always clear cut, and how to prove car accident wasn’t your fault isn’t always clear cut either.
The importance of proving a car
accident wasn’t your fault.
Car accidents are unfortunately a common occurrence on UK roads and can often be quite a stressful experience.
If you are involved, it is important to know what to do in a car accident and how to prove car accident wasn’t your fault to ensure that you receive the best possible outcome.
The other driver may try to blame you, or the insurance company may try to deny your claim. But with the right evidence, you can make sure that you’re not left with the personal and financial burden.
Proving that a car accident wasn’t your fault isn’t always easy.
- The conditions of the accident might be complex
- The other driver might be convinced that they weren’t at fault
- Or you may just not know how to prove that it wasn’t your fault
A non fault claim can be difficult to succeed in if the non-fault driver isn’t able to prove that it wasn’t their fault.
The negative impact that this can have financially and emotionally on people is difficult.
However, the process in proving the car accident wasn’t your fault can be relatively straightforward. It all starts with:
Understanding what happened in the car accident
Knowing what details and evidence to gather
Knowing what to do AFTER a car accident
But first, have you just been involved in a car accident that wasn’t your fault?
If you are reading this because you have just had a car accident that wasn’t your fault, the most beneficial first contact after a non-fault accident is Auto Claims Assist.
As specialists in Accident Claims Management and Credit Hire, we are an independent accident specialist that is on your side.
We will process the non-fault claim directly through the other driver’s insurance company, and not through your own insurance policy. This helps you to:
The type of accident you have doesn’t always determine who is at fault. However, understanding the type of car accident you have been involved in, hopefully, helps to guide you in how to prove a car accident wasn’t your fault and determine fault.
If you’d like to speak to a non-fault accident expert about How to prove a car accident wasn’t your fault, give us a call and speak to one of our experts on what your next steps are.
Common Car Accident: Side-impact collisions.
Side-impact collisions are a common type of car accident.
They occur when two cars collide and the force of the impact is concentrated on a vehicles side.
Due to how they occur, they are very serious and can cause serious car injuries.
Instances of a side impact collision include:
A sideswipe accident is when two cars collide while travelling alongside each other.
They can occur when one car tries to change lanes and ends up hitting the car next to them.
A t-bone accident is a type of side-impact collision in which the front of one vehicle crashes into the side of another.
These accidents often occur at intersections:
- A driver may have pulled out
- A driver may have run a red light
- or when turning, a driver may have cut off the driver
Who is at fault in a side-impact collision.
If the accident you have been involved in happened under any of these circumstances and you were the driver who either:
- Had another driver pull out on you
- Had another driver run through a red light
- Had another driver cut you off when turning
It’s likely that you were not at fault in this scenario. However this isn’t always the case. It’s very important to gather all of the information you need to prove that you weren’t at fault.
Common Car Accident: Head-on collisions.
A head-on collision is when two vehicles collide into each other head-on.
This type of collision commonly occurs when one vehicle is attempting to pass another vehicle and ends up crossing into the oncoming lane.
Head-on collisions are extremely dangerous, if not one of the most dangerous, and can result in serious accident injuries or death.
Who is at fault in a head-on collision.
Generally, the driver who was negligent in their judgement or behaviour is the driver who is at fault.
This will include factors such as:
- Passing a vehicle in an unsafe manner
- Driving while unsuitable to drive
- Using a mobile phone
- Neglecting road signals or signs
- Disregarding weather and road conditions
- Driving under the influence
This may be determined by looking at the specific rules of the road of where the accident occurred, including listening to witness reports if there are any.
The most important factor to evidence is knowing where and how the vehicles hit head-on in the road.
By understanding where and how the vehicles had the head-on collision, you will be able to analyse the road signs and signals, followed by a determination of fault.
If the determination was that the other driver was passing into your direction of passage and right of way, they are likely to be at-fault for the accident.
Common Car Accident: Car hit from behind/ Rear ended.
A rear-ended collision occurs when the car in front is suddenly hit from behind.
Rear-end collisions are some of the most common types of car accidents.
The driver who is following must ensure they were following the highway code lawfully and not driving recklessly, sticking to typical minimum stopping distances.
While the driver in front must ensure that their driving manner is safe, performing manoeuvres in necessary ways correctly.
Who is at fault in a rear-ended collision.
In most cases, the driver who hits the other car in the rear of the vehicle is often considered at fault.
However, there are situations in which the driver who was hit from behind may be responsible for the accident. For example, the driver ahead may intentionally or unnecessarily stopped in a manner that causes the accident.
Evidence and witness reports on an intentional or unnecessary stop will likely need to be provided.
The determination of rear-end accidents is often down to the driver behind not correctly paying attention or sticking to the highway code. These factors include:
- Distracted Driving
- Reckless Driving Behaviour
- Disregard To Poor Road Conditions
- Defective Brakes
Within these factors, common causes of car park accidents include:
- Reversing into other cars or people
- Driving on wet or icy pavement
- Using a mobile phone
Additionally, car parks can be hazardous environments.
Due to the close proximity of vehicles and people. The presence of obstacles such as pillars, bollards, and parked cars may also contribute.
- Driving slowly and carefully
- Always be aware of your surroundings
- Leave plenty of space between your car and other objects
These are some of the best ways to avoid accidents in a car park. In addition, always follow the car park’s rules and right of way to ensure safety.
Who is at fault in a car park accident?
Proving an accident wasn’t your fault in a car park can sometimes be straightforward, but circumstances can sometimes make fault determination difficult.
If you are involved in a car park accident, the common situations are:
- If one car rear-ended another from behind in a car park, the driver who hit the other car is generally considered at fault
- If a parked car is hit by a driver navigating around or into a space, the driver who collided into the parked car is commonly at fault
However, the individual circumstances do matter and can change the verdict.
When it comes to how to prove a car accident wasn’t your fault in a car park, there are a few things to consider:
- Did any of the drivers speed or drive recklessly? (i.e. overtaking or tailgating)
- Did any manoeuvre happen unnecessarily? (i.e. emergency stop)
- Was a driver distracted or inattentive? (i.e. eating or using a phone)
- Was a vehicle parked illegally? (i.e. Outside a parking bay and blocking traffic)
- Were any rights of way violated? (i.e. someone pulled out or cut off)
- Were any traffic laws broken? (i.e. under the influence)
Common Car Accident: Car accident reversing.
A car accident reversing is when two cars collide while one or both cars are reversing.
In this type of accident, there is usually less time to react and one driver, if not both, will tend to be unaware of the other. This might be due to blind spots in a driver’s view or simply down to a driver’s attention or abilities when reversing.
While a vehicle doesn’t usually move at the same speed backwards as it does forwards, car accident reversing accidents can sometimes still be dangerous.
While one vehicle is moving backwards, the other vehicle may be moving forwards. This creates high velocity on impact. Although each car may not be travelling at high speeds in the particular direction they are heading, the collision itself is sudden, forceful and dangerous.
The result of an impact like this can then cause heavy car damage and also personal injury damages.
Who is at fault in a Car accident
Determining fault and how to prove a car accident wasn’t your fault in these accidents comes down to the individual circumstances.
As a rule of thumb:
If an accident happens while one car is reversing and the other is stationary; the driver who is reversing would be liable for the accident. This would likely come down to inattentive or lack of awareness while driving.
If an accident happens while one car is reversing and the other is also in motion, the fault verdict would likely come down to which vehicle had the right of way. A probable answer would still also result in the reversing driver being at fault, but it does depend.
If both vehicles were reversing, the accident scene would need to be closely examined. It’s possible that a 50-50 fault verdict may arise from a situation like this.
What to do after the accident and how to prove car accident wasn’t your fault.
After an accident, there may be a lot of shock and panic. It’s difficult to think rationally and determine what has to happen next.
Safety is the top priority
Directly after the car accident.
Step #1: Stop the Car Safely
- Start by stopping your car safely, remaining calm and turning off the engine.
- Make sure that other drivers can see you’ve been in an accident by turning on your hazard lights.
- Check for any injuries.
Step #2: Assess all possible injuries in more detail for yourself, passengers and anyone else involved
- If you find there are any injuries, your first priority is to contact the emergency services.
- Give as much information as you can to the emergency services.
- If there appears to be no injuries, make note of this. It will help if other people try to claim injuries later on in the process.
Step 3: Stay calm and try to keep tension and tempers low
- Naturally, following an accident, emotions will be running high. Focus on calming yourself and others involved.
- It’s important you focus on all discussions, collecting information and avoid losing your temper.
Step 4: Don’t apologise or admit any responsibility for the accident
- Too often, following an accident drivers are eager to do what they can to get the other driver to admit fault. Something as simple as apologising can be mistaken for an admission of guilt.
- If the driver apologises for the accident, make note of the time. Note exactly what was said.
How to prove a car accident wasn’t your fault by collecting evidence and information.
In order to prove that a car accident was not your fault, you will need to provide evidence that supports your claim. You also need to note down all of the correct information required.
Evidence and information should you collect:
Driver & Passenger’s Information: The other driver’s full name, address and insurance company. Plus, the same details for all passengers involved.
All Vehicle’s Involved Information: The make, model, colour, year and number plate of all cars involved in the accident.
Photo/Video Evidence: Photographs and videos that show the position and damage sustained to both your car and the third-party car. If you have a dashcam, save the footage. See if the other driver has a dashcam. Also, check for CCTV cameras in the area.
Driving, Weather & Road Conditions: Photographs and videos of the driving conditions: Lightening, rain, oil, road surface quality etc.
Date & Time: Note down the exact time and date of the accident.
Injuries: Any and all injuries of those involved.
Witnesses: Full witness details and comments. Collecting witness statements that can corroborate how the accident occurred may help you later in how to prove car accident wasn’t your fault.
How The Collision Happened: Photographs and videos showing the surrounding areas and where the collision took place. Additionally with the third-party driver, create a sketch of the accident and how it occurred. A visual display signed by the other driver will help avoid people changing their minds afterwards.
Useful Tip: When collecting your videos, commentate in them. You can identify any key points, giving your claims handler a better understanding of how it all happened. This can help you later in how to prove a car accident wasn’t your fault.
How a non-fault claim can still affect your insurance after an accident.
Making a claim for a non-fault accident may affect your insurance if you claim directly with your own insurance company. This is why taking notes on 'how to prove car accident wasn’t your fault?' is so important.
If you call your insurance company first after an accident, you are claiming against your own insurance policy.
In the eyes of most insurers, it doesn’t matter if you are claiming as the at-fault party or non-fault party. Until the claim has settled, your own insurance policy may still be held liable for the accident.
Therefore, as a result, you may experience:
Although the car accident wasn’t your fault, claiming directly with your insurer means they will add a ‘pending claim’ onto your policy.
While that ‘pending claim’ is still active, your policy is still at risk of liability for the car accident. If your insurance renewal comes around while you have this pending claim, your new renewal will take this into consideration with an increased premium.
Reduced no claims discount
Your insurance no claims discount is not looked at as a ‘no blame discount’.
It doesn’t matter if the accident wasn’t your fault. By making a claim directly with your insurance company, and on your own policy, your no claims discount can be reduced or removed.
Losing your no claims discount will have an effect on your next insurance premium. It will also increase your future insurance premiums.
Some people think that the first thing they need to do after a non-fault accident is to contact their own insurance company.
In light of this, we have created a comparison between calling an accident management company vs your insurance company here after a non-fault accident.
Using your own insurer could leave you worse off if the accident wasn’t your fault.
By contacting Auto Claims Assist first, you'll be entitled to a much better experience and at no cost to you:
Rated EXCELLENT on Trustpilot
Award-Winning and FCA Regulated.
Your no claims bonus won't be affected.
Receive a comparable replacement vehicle.
Dedicated claims handler.
Avoid paying your insurance excess.
24/7 Nationwide recovery & storage.
Manufacturer-approved engineers and Access to a national repair network.
Alternatively, you can fill out this form here and one of our New Claims Team will provide a call back to discuss the circumstances with you: