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Guidance · 11 min read
Working with the third-party insurer after a non-fault accident: timeline and what to ask for
What happens between the third-party insurer being notified and a settlement being reached: pre-action protocol, ICOBS 8 expectations, the engineer-to-engineer call, and the realistic timeline.
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Advice is framed around UK accident management, credit hire, credit repair, engineer inspection and at-fault insurer dialogue rather than generic motoring tips.
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Where CCTV, dashcam, witness memory or repair inspection timing matters, the article explains the window and why delay weakens the file.
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E-E-A-T
Working with the third-party insurer after a non-fault accident: timeline and what to ask for
Once the at-fault driver's insurer has been notified, a non-fault claim moves through a fairly predictable sequence: notification, liability investigation, vehicle inspection, repair authorisation or total-loss valuation, hire schedule negotiation, and settlement. The whole process is regulated by the FCA's Insurance: Conduct of Business Sourcebook (ICOBS) chapter 8 and, where the claim becomes contested, by the relevant Pre-Action Protocol under the Civil Procedure Rules. This post explains how the timeline actually runs and what a non-fault driver should be asking for at each stage.
Step 1: Notification and acknowledgement
Notification to the at-fault insurer is normally made by the non-fault driver's accident management partner or by their own insurer's recovery handler. The first letter sets out the basic facts (date, time, location, vehicles involved, references, drivers) and asserts that the claim is being pursued on a non-fault basis.
The at-fault insurer is expected to acknowledge within a reasonable period - in practice, three to five working days - and to allocate a claims handler. The handler should give a direct contact and a claim reference. Under ICOBS 8.1 the insurer must handle the claim promptly, fairly, and in line with the insured's reasonable expectations; in practice that becomes the standard against which insurer behaviour is measured later.
DETAIL
03
Section 3 of the walkthrough.
Step 2: Liability investigation
The at-fault insurer will conduct its own investigation. The handler will ask the at-fault driver for their version, may take a recorded statement, will look at any dashcam evidence the at-fault driver supplied, and will review whatever the non-fault driver's representative has lodged. Liability is then either admitted (a 'liability admission'), denied, or split (e.g. 75/25).
Liability admission is the simplest outcome and accelerates the rest of the process. Denial typically triggers a more formal exchange of evidence - a Pre-Action Protocol letter of claim, with the police reference, witness statements, photographs and engineer's report. Split liability is then negotiated on a percentage basis, usually with reference to the typical patterns seen in similar fact patterns (rear-end shunt, lane-change, junction crossing, etc.).
Step 3: Vehicle inspection and engineer-to-engineer
Both insurers will normally appoint an engineer. The non-fault driver's accident management partner usually instructs first, with an inspection report that establishes the repair scope, the like-for-like classification, any pre-existing damage, and a total-loss valuation if applicable. The at-fault insurer's engineer will then either agree the report or counter with their own.
Where the engineers disagree, the negotiation is between them - not between the claims handlers - and is technical rather than commercial. Common points of dispute are panel-versus-panel repair scope, structural pull-points, paint blend areas, and the make-and-model market value for total-loss valuation. The non-fault driver does not normally need to be involved in the engineer-to-engineer call, but should be kept informed by the accident management partner.
Step 4: Repair authorisation or total-loss settlement
Once the engineers agree the scope, the at-fault insurer issues a repair authorisation to the chosen repairer and the work begins. Parts ordering, repair time and quality control inspection follow standard PAS 125 / BSI 10125 repair scope and finish standards.
Where the vehicle is a total loss, the at-fault insurer agrees a settlement figure based on the engineer's valuation. The non-fault driver receives the settlement, hands over the vehicle (or the salvage rights if retained), and is then expected to source a replacement. The replacement-search period is also factored into the credit hire duration.
06DETAILKey takeaway
Step 5: Credit hire schedule and rate negotiation
Credit hire is usually negotiated separately and is the most contested element of any non-fault claim. The schedule is presented as a number of days at a daily rate. The at-fault insurer's claims handler will challenge both the duration and the rate; the non-fault driver's accident management partner responds with a like-for-like specification, rates evidence from local rentals, and, where applicable, a Lagden v O'Connor impecuniosity statement.
Many credit hire disputes settle without litigation through what is sometimes called 'commercial' negotiation between the credit hire company and the at-fault insurer, often at a discount to the headline schedule. Where they do not settle, the dispute can go to court - the credit hire company sues in its own name as assignee of the claim, or the non-fault driver sues with the credit hire company managing the litigation under the agreement.
Step 6: Personal injury (where applicable)
Personal injury is handled separately from the property damage and credit hire. Whiplash and minor soft-tissue injuries arising from a road traffic accident in England and Wales are handled through the Official Injury Claim portal (OIC) under the Civil Liability Act 2018 reforms that came into force in May 2021, with a fixed-tariff award scale.
Injuries above the small-claims threshold or non-whiplash injuries proceed through the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. Non-fault drivers are referred to authorised legal partners for injury claims with their separate written consent; injury claims are not handled in-house by accident management firms.
Step 7: Final settlement and paperwork
Final settlement consists of: the repair cost or total-loss settlement; the credit hire schedule (as agreed or as ordered); any uninsured losses (excess refund where applicable, lost personal property, medical expenses); and any agreed contribution to costs.
The non-fault driver should be paid back any out-of-pocket excess they paid to their own insurer to get the repair started, where applicable. They should retain copies of every settlement letter, every engineer's report and the final claim file in case any element resurfaces (e.g. a hidden defect that emerges months after repair).
DETAIL
09
Section 9 of the walkthrough.
Realistic timeline
A clean non-fault claim with admitted liability, simple property damage and no injury typically settles within 6 to 12 weeks. Where liability is contested or split, that extends to 4 to 9 months. Where there is a substantial credit hire dispute, the property side often settles first and the hire schedule is then negotiated separately for a further 3 to 12 months.
Personal injury sits on its own timeline, typically 6 to 18 months for a low-value whiplash claim through the OIC portal, longer for non-whiplash or higher-value injuries. The whole package can therefore take anywhere from a few months to over a year; the property and replacement vehicle elements move the fastest.
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
- How long does the at-fault insurer have to respond to a notification?
- There is no single statutory deadline, but ICOBS 8.1 expects prompt handling. In practice, three to five working days for an acknowledgement and 30 days for a substantive position on liability is the realistic norm.
- What if the at-fault insurer ignores my correspondence?
- Send a Pre-Action Protocol letter with a clear deadline, then if necessary issue proceedings. Most insurers respond once a properly drafted PAP letter is on file.
- Can the at-fault insurer require me to use their repairer?
- They can offer their network repairer, but they cannot force a non-fault driver to use it. The non-fault driver has a duty to mitigate but is entitled to a competent repair to manufacturer standards.
- Do I need to give the at-fault insurer a statement?
- You can decline to give a recorded statement to the at-fault insurer. We cover this in detail in a dedicated post; the short version is that there is rarely an upside and there is real downside.
- What is a Part 36 offer?
- A formal offer to settle made under Civil Procedure Rules Part 36, with cost consequences if the offer is not accepted and the claimant or defendant later does worse at trial. Part 36 is a common tool in credit hire disputes.
- Will I have to go to court?
- Most non-fault claims settle without proceedings. Where they do not, the credit hire company often handles the litigation in its own name under the credit hire agreement; the non-fault driver may have to attend a hearing as a witness.
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