What does no fault mean in a car accident?

‘No fault’ when referring to an accident on the road essentially means that another identifiable party is at fault. Most commonly the other party involved in a no fault accident is another driver, who may or may not be at the scene. Other accidents that may involve pedestrians or animals may not have been caused by you as the driver, but are harder to define as a ‘no fault’ accident. In order to be considered ‘no fault’, you must be able to prove, beyond doubt, that an identifiable third party is at fault for the accident and that this person is therefore liable for any damage to your vehicle.

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What is a no fault car accident?

Here are some examples of no fault car accidents that we come across on a regular basis:

• A stationary car (in traffic, at lights or a junction) is hit from behind. Often referred to as a rear shunt, the person driving the car behind has either not been paying attention to the road, or has failed to leave enough room between themselves and the vehicle in front.
• On a roundabout, another driver pulls out into a car already travelling on the roundabout.
• At a junction with a side road, another vehicle pulls out hitting a car that is already travelling on the main road with right of way.
• A parked car is hit by a third party vehicle and the ‘at fault’ party have left contact details or were witnessed by a passer by.

Other scenarios for a no fault accident could be a little more complicated, such as:

• A car is hit by a dangerous driver who is perhaps speeding or ignoring rules of the road, such as overtaking in a no overtaking zone.
• Another driver is using a phone or being negligent at the wheel in another way, resulting in a car accident.

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Do I pay an excess for a non fault claim?

If you use our services at Skinners of Rye for a no fault accident claim, you will not have to pay the excess* on your insurance policy because you are not making an insurance claim through your insurer.

We will liaise with your insurance company and organise repairs at cost to the third party insurers. We will carry out the repairs here in Rye. Your insurance company will still need to know about the accident, but only for information purposes and not to make a claim. We can speak with your insurance company and handle the paperwork as soon as you’ve contacted us.

Insurance policy excess is always payable to the insurance company if you claim for damage to your vehicle, even if it is thought to be a no fault accident. The excess can only be waived by the insurance company, if the third party insurer fully admits liability for the accident. In that case, excess paid at the start of a claim can usually be refunded in full, if it is proven that the accident was a third party’s fault. However, if a claim is settled with both parties at fault a 50/50 settlement, you may only receive a repayment of 50% of the excess.

Do I have to pay excess if my car is written off?

If you use our services for a no fault accident claim where your car has been written off, you will not have to pay the excess* on your insurance policy which is applicable only if you are making an insurance claim through your insurer.

We will liaise with your insurance company to arrange for a payout to be made at cost to the third party insurers. Your insurance company will still need to know about the accident even though you are not making a claim. At Skinners of Rye we can speak with your insurance company on your behalf.

Insurance policy excess is always payable if you claim for a payout against your insurance policy for a vehicle that has been written off. Regardless of whether you were the ‘at fault’ party or not, any excess is payable at point of making a claim. Insurance excess can only be waived by the insurance company if the third party insurer fully admits liability for the accident. If proved to be not at fault your excess paid at the start of a claim will usually be refunded in full, once it is proved that the accident fault lies with an identifiable third party. If however, a claim is settled in a 50/50 settlement, where both parties are deemed at fault, you may only receive a repayment of half of the excess amount.

Can I get a courtesy car if my car is written off?

At Skinners of Rye we will provide a like for like replacement vehicle within 24 hours of your claim** whether your car is a little damaged, badly damaged or a complete write off. A ‘write off’ is a colloquial term for a vehicle that has been declared a total loss by an insurer, following accident damage. If your car is written off you will be entitled to a courtesy car from Non Fault Accident Repair from day one until seven days after a payment has been received from the at fault insurance company for your written off vehicle.

Would you like further information or help?

Please call us on 01797 223334 to discuss your no fault accident claim. From Monday to Friday between the hours of 8.30am to 5pm.

*Subject to claim acceptance

**Subject to claim acceptance and vehicle availability