Non-Fault Accident: What To Do
If another driver hits you, what you do in the first hour largely determines how straightforward your claim will be. This guide covers the legal obligations at the scene, the evidence worth gathering, and what to do when the other driver will not cooperate.
At the scene
Stop and make the area safe
Stopping after a collision involving injury or damage to another person's property is a legal requirement. Switch on hazard lights and move to safety if the vehicles are obstructing traffic and it is safe to do so.
Exchange details
You must give your name and address, and the vehicle owner's details, to anyone with reasonable grounds to ask. Take theirs in return: name, address, phone number, insurer and policy number if they will give it, plus the registration, make, model and colour of their vehicle.
Record the scene
Photograph both vehicles including damage and position, the wider scene showing road layout and signage, and the other vehicle's number plate clearly. Note the exact date, time and location — you will need these later.
Find witnesses
Independent witness details are the single most valuable thing you can collect, particularly if liability is likely to be disputed. Ask for a name and phone number before people leave.
Call the police if needed
Contact the police if anyone is injured, if the road is blocked, if you suspect the other driver is uninsured, unlicensed or impaired, or if they leave without giving details. Failing to stop and exchange details is an offence.
Afterwards
Tell your own insurer promptly, even if you do not intend to claim and even though the accident was not your fault. Most policies require notification of any incident, and failing to report can affect your cover. Telling them is not the same as making a claim.
Do not accept liability at the scene or afterwards, even to be polite. Fault is for the insurers to determine on the evidence.
Be cautious with unsolicited calls. Accident management and claims companies sometimes make contact very quickly. Deal with your own insurer first.
If the other driver will not give their insurance details
This is common, and there is a defined route. Tell your own insurer first — they can often trace the other party themselves at no cost to you, using the registration.
If you still need to identify the insurer, you can make a paid third-party enquiry through the official askMID service. It costs £10 and returns the insurer and policy details covering that vehicle on the date of the accident, which is what matters for a claim. You will need the registration and the exact date and time, and you must declare that you were involved in the accident — a false declaration is an offence.
This is the only permitted use
The third-party enquiry exists for accident claimants. You cannot use it to check a car you are thinking of buying, or a vehicle you are simply curious about.
If the other vehicle turns out to be uninsured
You may still be able to claim. The Motor Insurers' Bureau operates agreements that compensate victims of uninsured drivers, and of untraced drivers where the responsible party cannot be identified at all — a hit and run, for example. Your own insurer can advise, and claims can be made to the MIB directly.
Protecting your no-claims discount
A genuine non-fault claim where the other insurer accepts liability and recovers the costs should not reduce your no-claims discount. It may still be recorded and can affect premiums, because insurers price on claims frequency as well as fault. If liability is not established — for example the other driver cannot be traced — the claim may be treated as fault for pricing purposes even though you did nothing wrong.
Suspected staged accidents
Induced accidents — where a driver brakes sharply to cause a rear-end collision — are a known form of insurance fraud. Warning signs include unusually quick and rehearsed exchange of details, vehicle occupants who appear afterwards, exaggerated injury claims, and damage inconsistent with the impact. Report suspicions to your insurer and to the Insurance Fraud Bureau.
Check any vehicle free
Enter a registration for full MOT history, mileage analysis and DVLA details — plus the official askMID insurance check options.
Check a vehicle →Frequently asked questions
Should I tell my insurer if the accident was not my fault?
Yes. Most policies require you to notify any incident, and failing to do so can affect your cover. Notifying is not the same as making a claim.
How do I find out who insured the car that hit me?
Tell your own insurer first — they can often trace it. Otherwise you can make a £10 third-party enquiry on the official askMID service, using the registration plus the date and time of the accident.
What if the other driver was uninsured?
You may be able to claim through the Motor Insurers' Bureau's uninsured drivers' agreement. This is one of the MIB's core functions.
Will a non-fault claim affect my no-claims discount?
It should not if the other insurer accepts liability and recovers costs. If liability cannot be established, it may be recorded as a fault claim for pricing purposes.