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Guidance · 11 min read
The first hour after a non-fault car accident in the UK: a complete checklist
What UK drivers should do in the first sixty minutes after a non-fault collision: scene safety, the section 170 duty, what to photograph, what to say, what not to say, and how to start the claim file correctly.
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E-E-A-T
The first hour after a non-fault car accident in the UK: a complete checklist
The first hour after a non-fault car accident is the most important hour of the entire claim. Decisions made at the roadside - what you photograph, what you say, who you call and what you do not sign - set the evidential foundation that the third-party insurer's claims handler will rely on three to six weeks later when liability is being argued. Most preventable claim problems trace back to something the non-fault driver did or did not do in those first sixty minutes.
This checklist is written around what UK statute, the Civil Procedure Rules and the practical reality of insurer claims handling actually require - not a generic list of 'exchange details and call your insurer'. It applies to drivers in England, Wales and Scotland; Northern Ireland follows the same pattern with minor procedural differences at the police-reporting stage.
1. Stop, even if the damage looks minor - section 170 Road Traffic Act 1988
Section 170 of the Road Traffic Act 1988 makes it a criminal offence not to stop after a road traffic accident in which someone other than the driver is injured, or another vehicle, an animal not in your vehicle, or roadside property is damaged. The duty arises whether or not the driver who must stop was at fault; it applies to non-fault drivers too.
The duty is to stop, remain at the scene long enough to give particulars, and only leave once those particulars have been exchanged or it is clear they cannot be. Where the other driver leaves first or refuses to engage, your duty under section 170(6) is to report the accident at a police station or to a constable as soon as reasonably practicable, and in any event within 24 hours.
DETAIL
03
Section 3 of the walkthrough.
2. Make the scene safe before doing anything else
Before you photograph, exchange details or make a call, secure the scene. Switch on hazard warning lights. Where you are carrying one and it is safe to deploy, place a warning triangle at least 45 metres back on the same carriageway, more on a faster road. On a motorway hard shoulder or a smart-motorway lane closure, do not deploy a triangle and do not stand near the vehicle: leave by the nearside door, get behind the safety barrier and call 999.
Move occupants out of the vehicle if it is safe to do so and away from live traffic. Children should be kept on the verge or behind the barrier under direct adult supervision. If the vehicle is in a live lane and cannot be moved safely, leave it; insurers do not penalise drivers for leaving a vehicle in a dangerous position when moving it would have put life at risk.
3. Call 999 or 101 - when each applies
Call 999 if anyone is injured (or you cannot tell), if a vehicle is blocking a live lane, if a driver fails to stop, if you suspect drink or drug driving, if you suspect the other driver is uninsured or has given false details, or if there is any other immediate threat to life. The 999 call generates a CAD reference that becomes the master reference for any subsequent investigation and disclosure request.
Call 101 (or report online via the police force's collision reporting tool) for a non-injury accident where you could not exchange details at the scene, where damage is significant, or where you want a record made. The Met Police uses the MPS Collision Reporting Service online for non-injury reports in London; the same online process produces a reference number that you should quote in every subsequent letter to the third-party insurer.
4. Exchange details - what section 170(2) actually requires
Section 170(2) of the Road Traffic Act 1988 obliges drivers to give their name and address, the name and address of the registered keeper if different, and the registration of the vehicle, to anyone with reasonable grounds to require it. Where someone has been injured, section 170(5) and (7) require the production of a valid certificate of insurance, either at the scene or at a police station within seven days.
The practical minimum to record from the third-party driver is full name; full residential address; vehicle registration; make, model and colour; insurer name and policy number if available; mobile telephone number; and email address. Note also the exact location, time and direction of travel of both vehicles. If the other driver refuses or gives obviously false details, do not argue: report under section 170(6) within 24 hours.
06DETAILKey takeaway
5. Photograph the scene - what to capture in the first ten minutes
The single most useful evidential act in the first ten minutes is a structured photographic record. Take wide shots showing the road layout, lane markings and any signs or signals visible from where the vehicles ended up. Take close-ups of damage on both vehicles. Photograph the third-party plate clearly. Photograph any skid marks, debris field and the final resting position of each vehicle.
Photograph the road surface (wet, dry, oil, leaves, ice). Photograph any obstruction to view such as overgrown hedges, a parked van or temporary works. Photograph the time on a phone or dashboard if it is visible. If the third-party driver's behaviour at the scene becomes relevant later - for example if they tried to give false details - record it on video where you can do so without escalating the situation. Keep the originals; do not edit or crop them, just back them up.
6. Identify witnesses while they are still on scene
Independent witnesses dramatically shorten liability disputes. The challenge is that witnesses leave fast, especially on a busy road. Within the first three to five minutes, ask politely: 'Did you see what happened? Would you mind giving me your name and a phone number in case the insurer needs a statement?' Note name, mobile number and email. A witness who saw the lights phase, the speed mismatch or the manoeuvre that caused the impact is often decisive.
Bus drivers, taxi drivers, delivery drivers and roadside workers are frequently the most useful witnesses because they are professionally observant and can usually give a route or operator that lets the insurer trace them later. Ask for the bus number and route, the taxi badge number, the courier company name on the van.
7. Do not admit fault, do not apologise, do not speculate
British politeness is a real liability factor at a UK accident scene. 'Sorry' said as a social reflex is sometimes treated by the third-party insurer as an admission, particularly where it is recorded on a dashcam or bus-cam. Stick to factual exchange and avoid commentary on cause: 'You and I will need to exchange details and report this to our insurers' is sufficient.
Do not say 'I didn't see you', 'I was distracted', 'I might have been a bit fast'. Do not theorise about cause to the police, the recovery driver or other bystanders. The insurer's duty under the FCA's ICOBS 8 rules is to handle claims fairly, but informal admissions made at the scene routinely become the lever the third-party insurer uses to argue contributory negligence and reduce the settlement.
DETAIL
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Section 9 of the walkthrough.
8. Open the claim file - within the first hour
Inside the first hour, call your accident management partner (or, if you do not have one, the claims line on your own policy). Opening a file inside the first hour means recovery can be dispatched, evidence requests can be drafted before the council and Transport for London CCTV retention windows expire, and the third-party insurer can be put on notice that a non-fault claim is on its way.
When opening the file, give the operator: the time and place of the accident; whether anyone is injured; whether the police attended and the CAD or CRIS reference if one was produced; the third-party driver's full details; whether your vehicle is driveable; and where you are right now. Photograph anything you have not already photographed while you wait for recovery.
9. The 24-hour reporting deadline
Where details could not be exchanged at the scene, where someone has been injured, or where a vehicle has been left in a dangerous position, there is a statutory duty under section 170(6) of the Road Traffic Act 1988 to report at a police station as soon as reasonably practicable, and in any event within 24 hours. Failing to report a reportable accident is itself a criminal offence under section 170(4). Reporting online via the relevant force's collision reporting tool will normally satisfy the duty in practice.
Keep the resulting reference number. It will be quoted in every subsequent piece of correspondence with the third-party insurer, in any pre-action protocol letter, and in any disclosure request to the council, Transport for London or National Highways for CCTV.
Take action
If you have just been in a non-fault collision, the fastest way to protect your claim is to open the file with us inside the first hour. We dispatch recovery, lodge the relevant CCTV requests inside the retention window, and notify the third-party insurer for you.
We do not provide legal advice. This article is general guidance for UK drivers. Personal injury enquiries are referred only with your consent to authorised legal or regulated partners. Specific limits, retention windows and process steps may change; the position at the date of any individual collision will govern the handling of that claim.
Frequently asked questions
- Is a 'no swap' or 'cash-on-the-spot' offer ever a good idea?
- Almost never. A cash settlement at the scene without an inspection has no protection if hidden structural damage emerges later, and it leaves no insurer record. If the third-party driver offers cash to avoid involving insurers, exchange details anyway and report through normal channels.
- Do I have to give my address to the other driver?
- Yes. Section 170(2) of the Road Traffic Act 1988 requires drivers involved in a reportable accident to give name, address, vehicle registration and the keeper's name and address if different, when reasonably required to do so.
- What if the other driver drives off?
- Note as much as you can - registration, make, model, colour, direction of travel, any partial plate or company name on the vehicle. Call 999 if anyone is injured or the vehicle is being driven dangerously. Otherwise, report under section 170(6) within 24 hours and keep the reference number for later use through the Motor Insurers' Bureau Untraced Drivers' Agreement if needed.
- Should I move my car off the road?
- If it is safe and the vehicle is driveable, yes - moving out of a live lane reduces secondary collision risk. Photograph the original resting positions before you move. On a motorway, do not stand near the vehicle: leave by the nearside door, get behind the barrier and call 999.
- Do I need to call my own insurer if I plan to claim through the third-party insurer?
- Most policies require notification of any accident regardless of who claims through whom. Notification is not the same as making a claim; it is a contractual requirement and failing to notify can void cover for unrelated future claims. Tell your insurer the basic facts and that you intend to claim through the third party.
- Can I record the conversation with the other driver?
- In England, Wales and Scotland a participant may record a conversation they are part of for personal use. The UK GDPR considerations only kick in if you publish or share the recording. Record covertly only if you reasonably suspect dishonesty; otherwise tell the other driver you are recording for the insurance file.
- How long do I have to make the actual claim?
- For property damage the limitation period is generally six years under section 2 of the Limitation Act 1980; for personal injury it is three years from the date of injury under section 11. These are outer deadlines, not targets - claims should be opened immediately and the limitation period should never be relied on as a buffer.
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