If the police say an accident was no one’s fault, who can claim?

PUBLISHED 07 Jan 2020

Being in an accident can be a scary situation, and one that usually comes with a great deal of panic and perhaps even some immediate confusion. Things happen fast, and those involved in the accident may not all share the same point of view on how the events leading to that accident occurred.

If you have been in an accident, you are likely familiar with some of the immediate steps to take, such as waiting for the police to assess the situation, exchanging insurance information with other drivers involved, and even asking witnesses to stick around to offer their opinion as to what they saw. So what happens when the police arrive, consider the events, and then decide that no one is at fault?

Can you still make a claim with your insurance company? The answer is yes, but there are some considerations to be aware of.

The main difference

Accidents happen for many different reasons, and it’s true there is usually someone who is more at fault than another. But there can be situations in which no driver was at fault. This can be due to weather or road conditions, or a car malfunction, or any other number of scenarios.

When you are in an accident and the other driver is at fault, you would file a claim against that driver’s insurance company. However, in the situation where no one is at fault, you would file the claim with your own insurance company to request the damages.

It can be tricky

It’s no secret that insurance companies would prefer instances where fault can be assigned, because it places the blame and also helps dictate where the funds will be sourced from. In an instance of no fault, the insurance company might be a bit more hesitant to simply adhere to the claim. This doesn’t mean there is anything wrong with your claim, it just means the insurance company might apply a closer set of eyes to the many intricacies of the claim and the events that led to it.

That’s why we are here

An insurance company has both the money and the manpower to keep a fight going against a claim should they choose to. This doesn’t mean they automatically will, but it’s better to have a team of professionals in your corner. Regardless of who is at fault of an accident, if you deserve to receive funds for damages, then we will be here to support you.

For free over-the-phone advice or to take advantage of our free face-to-face consultation, call our expert lawyers today on our Free Call Number 1800 004 878.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.