It's one thing to make a claim against your own car insurance policy, but what's the process if another driver decides to make a claim against you - and your insurance policy?
It’s helpful to understand what happens when an insurance claim is made against you, so we’ve outlined the key details you should be aware of.
Before considering questions of insurance, it's critical that everyone at the scene of an incident is safe. If need be, call the police and/or ambulance.
Next, you should exchange contact and car registration details with the driver(s) of the other involved vehicle(s).
What to Do After an Accident
Following any accident, your immediate priority should always be safety. Once you've checked that everyone is safe and called emergency services if needed, here are some essential steps to take:
- Exchange names, car registration numbers, and contact details with the other driver(s).
- Take photos of the scene, including vehicle positions, road conditions, and any visible damage.
- Collect information from witnesses, including names and phone numbers.
- Note the time, date, and location of the accident, along with any relevant weather or road conditions.
- Avoid discussing fault at the scene, let the insurers determine liability as part of the claim process.
- Contact your car insurance provider as soon as possible to report the incident, even if you don’t plan to make a claim.
Third party claim against your insurance: when it was your fault
Following an accident, the other driver(s) may decide to make a third party claim against your insurance. This means they believe the collision was your fault, not theirs.
If you agree that the incident was indeed your fault, your insurer will handle everything moving forwards - there's nothing else for you to do.
Your insurer will then discuss the incident with third party representatives - such as solicitors and insurance employees - collect relevant documents from these parties and ensure the statements of what happened concur.
If everything is as it should be, the insurance claim against you will be paid when your insurer receives the bill.
Claims and Liability
When you make a car insurance claim, insurers will look to determine liability by identifying who was at fault. This is key to whether a claim is paid out and whose policy will pay the bill.
What if the other driver won’t accept blame?
If both drivers say the other was at fault, a “liability dispute” will be triggered. Each insurer will investigate using:
- Verbal statements
- Case law of similar accidents
- CCTV and satellite images
- The Highway Code
- Vehicle damage assessments
- Eyewitness accounts
In some cases liability can be shared – 70/30 – if both parties were partly to blame.
What if I get hit by an uninsured driver?
If you get hit by an uninsured driver, your own comprehensive car insurance may pay out. Plus you can contact the Motor Insurers’ Bureau (MIB) which helps innocent victims of uninsured or untraced drivers in the UK.
Tell your insurer as soon as possible and provide as much evidence as you can, such as photos, police reports, witness details, etc.
Car insurance claims against me: What if I believe it wasn’t my fault?
If the other party(s) say an accident was your fault, but you disagree, a "liability dispute" will be raised.
Among the evidence collected and scrutinised will be:
- Policyholder's verbal statements
- Similar accidents (case laws)
- Satellite maps - to see exactly where the incident took place
- Nearby CCTV footage
- Highway code
- Vehicle damage
- Statements from witnesses
A decision will then be made about liability. In some cases there could be a liability split, e.g. your insurer pays 70% while the other party pays 30%.
Can someone claim on my car insurance without me knowing?
Claims without knowing insurance details
It is difficult, although not impossible for someone to make a claim against your car insurance without your insurance details.
Following any accident, the parties involved should have exchanged relevant insurance details.
However, it is possible to obtain the details of the registered keeper of a vehicle just from the registration plate (via a Subject Access Request from the DVLA). You could then get in touch with the third-party’s insurance company without a policy number.
You can also find out the details of the registered keeper without knowing which insurance company the other driver is with, by asking the police to track down this information and make contact for you. – Which is useful to know, should you ever be subject to an incident of a ‘hit and run.’
Fraudulent and genuine claims
There are 2 scenarios where you might find yourself subject to an insurance claim, without expecting to be:
- Genuine Claims - Following an accident, a third-party driver involved may say at the scene that they do not intend to make a claim, but then later decided that they wish to. They may also try to make a claim even though you weren’t (in your opinion) at fault.
- Fraudulent claims - You could also find yourself a target of a fraudulent insurance claim.
If the third party tries to make a claim on your insurance when you weren’t at fault, or indeed, where an accident has not actually occurred, then you’ll still know about it.
In the event of an accident, insurance providers will investigate who was at fault, before making a decision on a claim. Invariably, this means that your insurance provider will almost certainly contact you for further information about the reported accident.
Even if you believe the accident wasn’t your fault, it’s important to cooperate with your insurer and provide clear, honest details. This will help support your case during the car insurance claim process.
Will I pay more for my car insurance if I am at fault?
Yes, this is quite possible, since statistically you are deemed more likely to be involved in an incident in the future.
It's important to be open and honest with your insurer.
Do I pay an excess if someone claims against me?
No. You would only have to pay your car insurance excess if you yourself were making a claim on your own policy. This applies to both voluntary and compulsory excess sums.
Someone filed a claim against my insurance: What will happen to my No Claims Bonus?
If someone filed a claim against your insurance and you are deemed "at fault" your No Claims Bonus will be impacted. However, you might not lose the entire bonus: For example, if you had three years’ No Claims Bonus, you might lose one year of that, giving you two years’ No Claims Bonus.
In the event that you're deemed not at fault, your No Claims Bonus won’t be affected.
What if I have No Claims Bonus Protection?
If you have No Claims Bonus Protection, your bonus will be protected. However, while you'll receive the same discount as before, your insurer may decide to increase your premium - since it is based on the number of claims made, and the number of years without a claim. In such situations,
Is it worth me having No Claims Bonus Protection?
No Claims Bonus protection may be worth the cost from a certain perspective. However, the additional fees for bonus protection can add up year after year, meaning you could be out of pocket in the long run.
More useful insurance related articles
An insurer may declare a vehicle a write-off following an accident. Find out more about insurance write offs and the insurance write off categories.
Don't forget that it's a legal requirement to make sure that you have a valid insurance policy for your vehicle. Find out how to check your insurance is up to date, in our helpful blog.
