Blame / Responsibility

In the event of an accident it may be obvious that somebody was to blame. Consequently, there is no dispute about liability. In some cases, the blame is almost always attributed in a set way. An ideal example of this is if you hit the back of somebody else's car: you will almost always be responsible for the accident. This is due to the fact that The Highway Code (a set of rules that specifies how you should drive to ensure safety on the roads) states that you are required to drive at a safe distance from other vehicles.

In some cases, it is not obvious who is to blame for the accident, and the extent of your liability cannot be determined. In this case, legal advice is sought unless the insurance companies involved are willing to settle the claim between themselves.

All insurers will state that you should never admit responsibility for an accident before speaking with them. Typically you will have to gain your insurance provider's written permission to admit fault, even if it is obvious that you were in the wrong. This helps them to defend your case, whether you were at fault or not. It will also ensure that they do not have to pay the other driver more than the fair amount: if you admit responsibility straightaway, the other driver may have a better chance of winning a case for compensation that is in excess of what he or she would otherwise receive.

In the event of an accident, it is sensible to involve the police as soon as possible. If the police visit the scene of the accident this will allow them to build up a better idea of how the event unfolded. This ensures that there is an official version of events that both insurance providers can use to settle the claim. In any case, if you have an accident where an injury is sustained you must inform the police as soon as possible (see Duties after an Accident).

The Difference Between Blame and Fault

In general there are two types of claim: a 'fault claim' and a 'not fault claim'. The type of claim you make depends on whether or not your insurer is able to recover all the costs of the claim from a third party. In some cases this means that even if you were not to blame for an accident, you may still have to make a fault claim. For example, if your car is stolen, or it is set on fire, and you make a claim it will be a fault claim, because your insurer cannot recover the costs from anybody else.

If you are involved in an accident with another driver, it may never be decided which one of you was to blame, and the insurance companies involved may settle the claim on a 50:50 or 80:20 basis. If this is the case, the claim will still be a fault claim, because you are at least partially to blame for the accident. Only if your insurer can recover all their costs from a third party is your claim considered to be a not fault claim.

The difference between blame and fault is important, since although you may not be to blame, the cost of your car insurance will rise as a result of a fault claim. Firstly, if you claim on your car insurance your renewal quote will be higher, because you are considered a higher risk driver. Secondly, as a no claims discount is no 'claims', as opposed to no 'blame', this is also affected.

For more information about how fault claims affect the cost of car insurance see Claim History and No Claims Discount (NCD).