What’s the difference between a fault and non-fault claim?

Published 14 October 2026

Article key takeaways:

  • A non-fault claim is one where your insurer can recover its costs from the party responsible for the accident.
  • A fault claim is recorded when your insurer can't recover those costs, even if you weren't technically to blame.
  • A non-fault claim shouldn't affect your no claim discount, provided your insurer successfully recovers the costs.
  • Your premium may still increase after a non-fault claim, and you'll usually need to pay excess upfront.

Right, let’s get into it…

To put it simply, a fault claim is when your insurer is unable to recover the costs of a claim from the other party involved in the incident. A fault claim may include something like a car fire or an accident with an animal on the road. In both these cases, no one is technically to blame, but this will still be considered a fault claim because your insurer cannot recover the costs of repairs or replacements.

A fault claim will impact your no claim discount, while a non – fault claim will leave it unaffected, provided costs can be recovered.

A non-fault claim is when your insurer is able to recover costs from the other party involved in the incident. For example, if another driver collides with you, and their insurance company admits liability, your insurer will recover the costs of repair or replacement from them.

This will be recorded as a non-fault claim. Your no claim discount (NCD) may be temporarily affected while your insurer investigates, but it should be restored once the claim is settled as non-fault and the costs are recovered. 

Your insurer will look at the evidence available to work out who was responsible for the incident. This can include:

  • Statements from you and any other drivers involved
  • Witness accounts
  • Dashcam or CCTV footage
  • Photos of the scene and vehicle damage
  • Police or medical reports, where relevant

If the evidence points to the other driver being responsible, and their insurer accepts liability, your claim should be recorded as non-fault.

There’s a possibility your premium may increase, despite the claim being deemed as a ‘non-fault claim’.

Insurers consider a range of factors when calculating your premium, and a previous claim, even a non-fault one, can be one of them.

In most cases, yes. You'll usually need to pay your excess upfront, even if the accident wasn't your fault. Once your insurer has recovered the costs from the other party's insurer, your excess is normally refunded to you.

There are a lot of factors considered when calculating the cost of a premium. They include but are not limited to:

  • The driver’s history of claims and convictions.
  • The availability and cost of replacement car components
  • The age of the vehicle, its value, and performance
  • Where the driver lives and where the vehicle is parked.
  • The age, experience and occupation of the driver
  • Any extra security features that could prevent theft or damage.
  • When and how far the driver travels in the car.
  • Changes in legislation and the increasing cost of claims overall

Remember, you must always tell your insurer about an incident, even if it wasn’t your fault.

Yes. You must always tell your insurer about any incident, even if you believe you weren't to blame.

Your NCD may be temporarily affected while the claim is investigated, but it's normally restored once it's settled as non-fault.

Yes, it's possible. Insurers may factor in your claims history, fault or non-fault, when calculating your premium.

Usually, yes, upfront. Your insurer will typically try to recover this from the at-fault party's insurer and refund you once liability is confirmed.