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Your rights after a non-fault accident: a Lancashire driver's guide

Stanways Autobodies team 22 February 2026 8 min read

Someone else has hit your car. They've admitted it. Your instinct is to ring your insurer. Stop. What you do in the next hour can be the difference between a free repair with a like-for-like hire car, or paying an excess and watching your premium go up at renewal — even though none of it was your fault. Here's the straightforward guide.

Why your insurer might not be your friend

This isn't a conspiracy. It's just how the system works. The moment you tell your own insurer you've been in an accident, they record it as an "incident" against your policy — even if it wasn't your fault. That can affect:

None of that is necessarily your insurer being malicious. It's just the contract you signed. But it's not the only option, and in a clear non-fault situation it's often not the best one.

The route most people don't know about

If the accident genuinely wasn't your fault and the third party (or their insurer) accepts liability, you can claim everything directly from their insurer rather than your own. That route gives you:

This is what your insurer often doesn't volunteer when you ring them. They'd quite like to handle it through your policy because that's how their commercial relationships are set up. But you don't have to.

What to do at the scene

Before anyone rings any insurer, do this:

  1. Make sure everyone is OK. Call 999 if anyone's hurt or the road is blocked.
  2. Don't admit liability. Even saying "sorry" can be misinterpreted. Stick to facts.
  3. Get the other driver's details. Name, address, phone number, vehicle reg, make/model. Insurance company and policy number if they'll share it.
  4. Take photos. Both vehicles, the damage, the road position, road signs, traffic lights, any debris. Take more than you think you need.
  5. Note witnesses. If anyone saw it, get their name and phone number before they walk off.
  6. Note the location and time. Phone GPS coordinates if possible.
  7. Get a police reference number if police attend.

What to do next

If you call us first, before you call anyone else, we can usually save you the excess, the policy hit, and a small-car hire vehicle.

Once you're somewhere safe, the call to make next is not to your own insurer. Call us, an accident management firm, or a no-fault claims specialist who can take it from there. We do this routinely and the conversation takes ten minutes.

If we handle it for you, here's what happens:

  1. We capture the accident details and the third party's insurer details.
  2. We arrange recovery of your vehicle if it's not drivable, free of charge within 40 miles.
  3. We arrange a like-for-like hire vehicle, delivered to you.
  4. We submit the claim direct to the third party's insurer.
  5. We carry out the repair to BS10125 and (where applicable) manufacturer-approved standards.
  6. We manage the paperwork end to end.
  7. You collect your repaired car, hand back the hire vehicle, and the claim closes.

You don't pay anything. You don't claim against your own policy. Your no-claims bonus is preserved.

Where it gets more complex

It isn't always this clean. Some scenarios need more thought:

The other driver disputes liability

This is the most common complication. The other driver, or their insurer, may not immediately accept fault — even if it seems obvious from your perspective. In that case the claim becomes contested and may need to be handled differently. This is where good evidence (photos, witness details, dashcam footage if you have it) becomes critical.

Hit and run / unidentified driver

If the other driver leaves the scene and you can't trace them, you can claim through the Motor Insurers' Bureau (MIB) — but the process is more involved and a hire car may not be free. You'll usually need to claim through your own policy.

You're partly at fault

If liability is split (say 80/20 in your favour), you can still recover the lion's share through the third party's insurer, but it's complex and you may want to involve your own insurer to handle the negotiation.

Uninsured driver

If the third party turns out to be uninsured, the MIB Uninsured Drivers Agreement covers you. Again, more paperwork than a clean non-fault claim, but the cost shouldn't fall on you.

The right-to-choose principle

One last thing. If you do go through your own policy for any reason, you still have the right to choose your own repairer. The Financial Conduct Authority is clear on this. Your insurer can recommend, but they cannot force you into their network. Just say "I want Stanways Autobodies in Lytham St Annes" and they have to respect that.

The reason this matters: insurer-network bodyshops operate on rock-bottom rates negotiated centrally. The work is fine, but the time and care that goes into each car is squeezed. An independent, accredited and (where applicable) manufacturer-approved shop gives you a better quality outcome at standard rates.

The shortest version

If someone else has hit your car: don't ring your insurer first. Ring us on 01253 735544 or WhatsApp 07822 012901. We'll talk you through it in five minutes and tell you whether it's a clean non-fault claim or whether you'll need your own insurer involved.

And if the accident was clearly someone else's fault, we'll save you a small fortune in excess and protect your no-claims bonus while we're at it.

For the full service breakdown see our non-fault claims page. Or if you're already mid-claim and want to switch your repair to us, just give us a call — we'll handle the conversation with your insurer.