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At-scene guide
What To Do After a Non-Fault Accident in the UK
A clear, step-by-step guide to the minutes and days after a crash that wasn't your fault - your legal duty to stop, the evidence that wins claims, why you must never admit fault, and how to recover every cost from the at-fault driver's insurer.
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What should you do after a car accident that wasn't your fault in the UK?
Stop and make the scene safe - stopping is a legal duty under section 170 of the Road Traffic Act 1988 even for minor damage - then check for injuries and call 999 if anyone is hurt or the road is blocked. Exchange names, addresses and vehicle registrations as the law requires, but do not admit fault or apologise. Photograph and film the vehicles, damage, plates and road layout, get any witnesses' phone numbers, and note nearby CCTV before it is overwritten. If you could not exchange details, report the accident to the police within 24 hours. You do not have to use the other driver's insurer, repairer or courtesy car: claiming directly against the at-fault insurer, often through an accident management company, usually means no excess and no fault claim on your record. The at-fault insurer pays for repair or write-off value, recovery, storage, the engineer, a like-for-like replacement vehicle and out-of-pocket costs.
Why the first hour matters
The crash is sudden - what you do next decides the claim
Being hit by another driver is disorienting. Yet the decisions you make in the first hour - what you say, what you photograph, whose details you take - shape whether the at-fault insurer pays in full or picks your claim apart months later. This guide walks you through exactly what to do, in order, and the UK law behind each step.
A non-fault accident is one where another road user caused the collision and you were not to blame. That single fact changes everything about how you should respond, because the law of damages says the party who caused your loss must put you back in the position you were in before the crash. In practice that means the at-fault driver’s insurer should pay for your repairs or the value of a written-off car, your recovery and storage, an independent engineer’s report, a like-for-like replacement vehicle while yours is off the road, and your reasonable out-of-pocket expenses. None of that happens automatically, though. It happens because you captured the right evidence and routed the claim the right way. For the deeper procedural detail once your file is open, see our how to claim after a car accident guide and the full UK accident claim process. This page is about the bit that comes first: the scene, the evidence and the early choices.
Read the seven steps below before you ever need them. Keep the phone number of a 24/7 accident management service saved, photograph your own car’s pre-accident condition occasionally, and know that you are entitled to choose your own repairer and replacement vehicle. Preparation is what turns a stressful roadside into a clean, fully recovered claim.
Step by step at the scene
Seven things to do after a non-fault collision
Work through these in order. Steps one and two are legal duties under the Road Traffic Act 1988; the rest protect your claim and your vehicle. If you are reading this at the roadside, start at step one and do not worry about anything further down until everyone is safe.
Step 01
Stop, switch off and make the scene safe
Stop the vehicle even if the damage looks minor - failing to stop after a collision is a criminal offence under section 170 of the Road Traffic Act 1988. Switch off the engine, put your hazard lights on and check everyone in your car and the other vehicles for injury. If anyone is hurt, the road is blocked or the other driver has fled, call 999. Move to a safe place behind a barrier if you are on a fast road, and do not stand between vehicles in live traffic.
Step 02
Exchange the particulars the law requires
Section 170(2) of the Road Traffic Act 1988 requires you to give your name and address, the vehicle owner's name and address, and the registration number of your vehicle to anyone with reasonable grounds to ask. Collect the same from the other driver, plus their insurer and policy number where possible. If they refuse, or you suspect they are uninsured or giving false details, note the registration plate, make, model and colour and report it to the police.
Step 03
Do not admit fault or apologise on the record
Stay calm and factual. Do not say sorry, do not accept blame and do not agree a version of events at the roadside, even to be polite. Liability is decided later on the evidence, not on what was said in the shock of the moment, and an admission can be used against you by the other side's insurer. Equally, do not accept cash to settle privately - it removes your protections and the other driver can still claim against you afterwards.
Step 04
Photograph and film everything before anything moves
Capture wide shots showing the position of both vehicles and the road layout, then close-ups of the damage, all number plates, skid marks, debris, road markings, traffic signals and any relevant signs. Photograph the other driver's insurance certificate or licence if they offer it. Save any dashcam footage straight away so it is not overwritten. A short video walking around the scene records detail you will not think to photograph.
Step 05
Get independent witnesses and note nearby cameras
Independent witnesses carry real weight, so ask anyone who saw it for their name and phone number before they leave - bystanders rarely wait. Look around for CCTV on shops, petrol stations, bus lanes and homes, and for vehicles with dashcams. Private CCTV is often overwritten within 14 to 31 days, so the footage has to be requested quickly while it still exists. Note the exact location, time, weather, light and road conditions.
Step 06
Report to the police within 24 hours where required
If you could not exchange details at the scene - for example the other driver drove off or refused - you must report the accident to the police in person as soon as reasonably practicable and within 24 hours under section 170(6). Use 999 only for an emergency in progress; otherwise report through 101 or your force's online portal and keep the reference number. A crime or incident reference is essential for an uninsured or hit-and-run claim through the Motor Insurers' Bureau.
Step 07
Get the vehicle recovered and stored, then start the claim
If the car is not safe or legal to drive, do not risk it - arrange professional recovery to a secure compound rather than a roadside fix. You do not have to use the other driver's insurer for recovery, repair or a replacement vehicle. Once everyone is safe, open your claim file: notify your own insurer that the accident happened (most policies require it), and contact an accident management service to coordinate recovery, storage, an independent engineer's inspection, repair and a like-for-like replacement against the at-fault insurer.
Section 170 of the Road Traffic Act 1988 - stop, give details, report
Two duties sit at the heart of what the law requires after any collision involving injury or damage to another vehicle, person, animal or property. They are set out in section 170 of the Road Traffic Act 1988, and breaching them is a criminal offence, separate from the question of who was at fault.
The duty to stop. You must stop at the scene, however minor the damage appears. There is no “it was only a scratch” exception. Stopping means coming to a halt and remaining for long enough to exchange the required particulars with anyone reasonably entitled to ask for them.
The duty to give particulars. Under section 170(2) you must give your name and address, the name and address of the vehicle’s owner if that is not you, and the registration number of the vehicle. If anyone has been injured, you must also produce your certificate of insurance if asked by a person with reasonable grounds, such as the police or another involved party.
The duty to report. If for any reason you do not exchange those particulars at the scene - the other driver leaves, refuses, or there is injury and no police officer is present - section 170(6) requires you to report the accident to the police in person as soon as reasonably practicable, and in any case within 24 hours. Reporting late, or only by phone where in-person reporting is required, can itself be an offence. Always keep the police reference number, because it is the spine of any later uninsured-driver or hit-and-run claim. The wider duties to give information are covered by sections 170 to 172 of the Act.
Linked guidance: non-fault car accident claims · reporting a collision to UK police.
The single most important rule
Why you must never admit fault at the roadside
British drivers apologise by reflex. After a crash, that instinct can cost you. Liability is not decided by who said sorry first - it is decided by the evidence - so guard what you say.
When another vehicle hits you, the temptation to smooth the moment over with “I’m so sorry” is powerful, even when you did nothing wrong. The problem is that an apology or an admission can be quoted back to you. The other driver may repeat it to their insurer, or it may sit in a recorded statement, and it can be used to dispute a claim that the photographs and witnesses would otherwise have won outright. Many motor insurance policies also contain a condition that you must not admit liability, so an admission at the scene can complicate your own cover too.
Stay factual and brief. Check everyone is safe, exchange the particulars the law requires, gather your evidence, and leave the question of blame to be decided later on what actually happened. The same discipline applies afterwards: if the at-fault insurer telephones you for a recorded account, you are under no obligation to give one on the spot, and it is usually wiser to let your accident management handler or solicitor deal with them. Do not accept a cash settlement at the roadside either - it strips away your protections and the other driver can still pursue you afterwards. The Highway Code and basic courtesy still apply: be civil, check on anyone hurt, but do not narrate fault you have not had time to assess.
What to capture - and the 14 to 31 day CCTV window
A non-fault claim is only as strong as its evidence. The at-fault insurer will not simply take your word for it, so the scene file you build in the first hour is what persuades them to pay without a fight. The good news is that almost everyone now carries a high-quality camera in their pocket.
- Wide and close photographs. Take wide shots first to fix the position of every vehicle and the road layout, then close-ups of the damage to each car, all number plates, and any contact points. Detail beats volume, but take plenty.
- The road and conditions. Photograph skid marks, broken glass and debris, road markings, traffic signals, give-way lines, signs and the state of the road surface. Note the weather, the light and the time.
- A walk-around video. A slow video circling the scene captures context and detail you would never think to photograph individually, including the wider junction or carriageway.
- Dashcam footage - saved immediately. Dashcams record in a loop and overwrite old clips, so save the relevant file to a separate card or your phone straight away before it is lost. Ask any witness with a dashcam to preserve theirs too.
- Independent witnesses. A neutral bystander’s account is far more persuasive than either driver’s. Ask for a name and mobile number before they leave, because witnesses rarely wait around.
- Nearby cameras. Look for CCTV on shops, petrol stations, homes, bus lanes and council cameras, and note exactly where they are.
That last point carries a deadline. Private and business CCTV is frequently overwritten on a rolling cycle of roughly 14 to 31 days, and there is no guarantee any particular system keeps footage longer. If a camera may have captured your collision, the footage has to be requested in writing quickly while it still exists - leave it a month and it is usually gone. This is the same reason the early days of a claim matter so much: the evidence window is short. For more on capturing and preserving proof, see our guide to gathering evidence after a UK collision and the 14 to 31 day evidence window.
Your rights as the non-fault driver
You choose the insurer, the repairer and the replacement vehicle
One of the most valuable things to know after a non-fault crash is what you are not obliged to do. You have real choices, and exercising them usually leaves you better off.
Choice 1
You need not use your own insurer
In a clear non-fault case you can claim directly against the at-fault driver’s insurer instead of putting it through your own policy. That usually means no excess to find up front and no fault claim logged against your record. You should still notify your own insurer that the accident happened, because most policies require it.
Choice 2
You choose the repairer
You are entitled to have your vehicle repaired properly at a repairer of your choice, to a recognised standard such as PAS 125 / BS 10125. You do not have to accept the at-fault insurer’s nominated network garage. An independent engineer’s report should set the repair scope first.
Choice 3
You get a like-for-like replacement
Where you genuinely need a car while yours is off the road, you are entitled to a like-for-like replacement that matches your vehicle’s class and use - not a small courtesy runabout when you drive an estate or a van. The charges are pursued against the at-fault insurer.
These choices are why so many non-fault drivers use an accident management company rather than simply accepting whatever the at-fault insurer offers. The company arranges recovery from the scene, secure storage, an independent engineer, an accredited repair and a matched replacement vehicle, and then recovers the cost from the party who caused the crash. To understand exactly which losses are recoverable and who pays each one, read who pays for what, and to understand the service itself, see what an accident management company does.
WHO PAYS FOR WHAT
03
Section 3 of the walkthrough.
The losses the at-fault driver's insurer should cover
Because the collision was not your fault, the at-fault driver’s insurer is liable to restore you to the position you were in beforehand. That principle, restitutio in integrum, is the foundation of every recoverable head of loss. In a typical non-fault claim that includes the following.
- Repair or write-off value. The reasonable cost of repairing your car, or, if an engineer declares it a total loss, its pre-accident market value.
- Recovery and storage. Recovering the vehicle from the scene to a place of safety and holding it securely while it is inspected and liability is confirmed, each evidenced and reasonable.
- Independent engineer’s fee. The cost of an independent inspection that sets the value, the repair-or-write-off decision and the salvage category.
- Like-for-like replacement or credit hire. A matched replacement vehicle where you genuinely need one. The recoverable rate and the rights of an impecunious claimant are governed by Dimond v Lovell [2002] 1 AC 384 and Lagden v O’Connor [2003] UKHL 64, so need, period and rate must each be evidenced.
- Out-of-pocket expenses. Reasonable costs you incur because you lost the use of your car - taxis, public transport, additional fuel - against receipts.
- Personal injury (separately). If you were hurt, that is a separate head pursued through a regulated solicitor or the Official Injury Claim portal under the Civil Liability Act 2018. We refer injury claims only with your explicit written consent.
The full breakdown of every head of loss, the moment each is paid and the case or statute behind it lives on our who pays for what page. If the at-fault driver turns out to be uninsured or cannot be traced, the claim is routed to the Motor Insurers’ Bureau under the Uninsured Drivers’ Agreement 2015 or the Untraced Drivers’ Agreement 2017, which is exactly why the police reference number from step six matters.
Common mistakes
What not to do after a non-fault accident
Knowing the wrong moves is as useful as knowing the right ones. These are the errors that most often weaken an otherwise winnable claim.
Driving off without stopping
Leaving the scene of a collision is a criminal offence under section 170, even for minor damage. Always stop, however small it seems.
Apologising or admitting blame
An apology can be repeated to an insurer and used to dispute your claim. Stay factual and let the evidence decide fault.
Settling for cash at the roadside
A private cash deal removes your protections and the other driver can still claim against you later. Exchange details and claim properly.
Forgetting witnesses and cameras
Witnesses leave and CCTV is overwritten within weeks. Take contact numbers and note cameras before you leave the scene.
Repairing before the engineer inspects
Starting repairs before an independent engineer’s report can undermine the valuation and the claim. Get the inspection first.
Giving the at-fault insurer a recorded statement
You are not obliged to give the other side’s insurer a recorded account on the spot. Let your handler or solicitor deal with them.
One call turns the scene into a fully managed claim
Once everyone is safe and you have your evidence, the practical work begins - and that is where CityGrip Accident Claims takes over. We are a UK accident management business that coordinates the whole aftermath of a non-fault crash so you do not have to negotiate with a stranger’s insurer alone.
We dispatch recovery around the clock, hold your vehicle in secure storage, commission an independent engineer, coordinate an accredited repair and arrange a like-for-like replacement vehicle where you genuinely need one - then we present the evidenced heads of loss directly to the at-fault driver’s insurer. On a clear non-fault claim there is no up-front cost to you, no excess to find and no fault claim recorded against your own policy.
We are deliberately clear about what we are. We are an accident management company, not an insurer and not a solicitor, and we do not provide legal advice. Where you have been injured, we refer that part of your claim - only with your explicit written consent - to an authorised regulated partner who holds the right permissions. You can reach us 24/7 on 0330 043 3409, open your file through the online accident form, or get in touch and a real person will pick it up.
Frequently asked questions
- What should I do first after a car accident that wasn't my fault?
- Stop, switch off the engine and make the scene safe, then check for injuries and call 999 if anyone is hurt or the road is blocked. Stopping is a legal duty under section 170 of the Road Traffic Act 1988 even for minor damage. Once everyone is safe, exchange details with the other driver, photograph and film everything, get any witnesses' contact details, and avoid admitting fault. If you could not exchange details, report it to the police within 24 hours.
- What details must I legally exchange after an accident?
- Section 170(2) of the Road Traffic Act 1988 requires you to give your name and address, the name and address of the vehicle owner, and your vehicle's registration number to anyone with reasonable grounds to ask. In practice you should also try to record the other driver's insurer and policy number, their phone number, and the make, model and colour of their vehicle. If they refuse to give details or you suspect they are uninsured, note the registration plate and report it to the police.
- Why should I never admit fault at the scene?
- Fault is decided later by the insurers and, if needed, the courts, on the basis of the evidence - the photographs, witness accounts, dashcam footage and the road layout - not on anything said at the roadside. Apologising or accepting blame in the shock of the moment can be recorded by the other driver and used by their insurer to dispute your claim, even where the facts were on your side. Stay factual, exchange details, gather evidence and let the evidence speak.
- Do I have to report a non-fault accident to the police?
- You must report the accident to the police if you were unable to exchange details at the scene - for example the other driver left or refused to give their information - or where there is injury and no constable was present. The report must be made in person as soon as reasonably practicable and within 24 hours under section 170(6) of the Road Traffic Act 1988. Use 999 only for an emergency in progress; otherwise use 101 or your police force's online reporting service and keep the reference number.
- How long is CCTV and dashcam footage kept after an accident?
- There is no single rule, but private and business CCTV is commonly overwritten within roughly 14 to 31 days, and dashcams loop over old footage continuously. That short window is why you should note any nearby cameras at the scene and request the footage in writing as quickly as possible. Save your own dashcam clip to a separate file or card immediately so it is not lost, and ask witnesses with dashcams to preserve theirs.
- Do I have to use the other driver's insurer or my own?
- No. As the non-fault driver you are generally entitled to choose your own repairer and, where you genuinely need one, a like-for-like replacement vehicle, and you do not have to accept the at-fault insurer's nominated garage or courtesy car. You also do not have to claim through your own policy: claiming directly against the at-fault insurer (often through an accident management company) usually means no excess to pay and no fault claim recorded against you. Most policies still require you to notify your own insurer that the accident happened.
- What can I recover from the at-fault driver's insurer?
- The at-fault insurer is liable to put you back in the position you were in before the crash. The recoverable heads of loss include the cost of repair or the pre-accident market value if the car is written off, recovery and secure storage, the independent engineer's fee, a like-for-like replacement vehicle or credit hire, and reasonable out-of-pocket expenses such as taxis. Credit hire is governed by Lagden v O'Connor [2003] UKHL 64 and Dimond v Lovell [2002] 1 AC 384. Personal injury is a separate head referred to a regulated solicitor with your consent.
- What if the other driver was uninsured or drove off?
- You can still be helped. Where the at-fault driver is uninsured or cannot be traced, the claim is routed to the Motor Insurers' Bureau under the Uninsured Drivers' Agreement 2015 or the Untraced Drivers' Agreement 2017. Strict conditions apply, including reporting the incident to the police within the time limit, which is why noting the registration plate and obtaining a police reference at the scene matters so much. Gather every scrap of evidence and report promptly.
- How long do I have to make a non-fault claim?
- Under the Limitation Act 1980, you generally have six years to claim for vehicle and property damage (section 2) and three years for personal injury (section 11), each running from the date of the accident or date of knowledge. Motor Insurers' Bureau time limits can be shorter and have strict reporting conditions. Whatever the deadline, start within days rather than months - evidence such as CCTV disappears quickly and a fresh, well-documented file settles faster.
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