What Happens If You Have an Accident UK 2026

Last reviewed: 26 April 2026

Step 1: Stop, exchange details, and fulfil your legal obligations

The Road Traffic Act 1988, section 170 imposes an immediate legal duty on any driver involved in an accident causing damage to another vehicle, person, animal, or property. The duty has three components: stop at the scene; remain for a reasonable period; and provide your name, address, and vehicle registration number to anyone who has reasonable grounds to require them. If you are not the registered owner of the vehicle, you must also provide the owner's name and address.

Failure to stop is a criminal offence under section 170, carrying a fine, penalty points, and potential driving disqualification. Leaving the scene, even if you believe you were not at fault, removes your ability to gather evidence and may be characterised as failing to stop.

If the other driver or any person requires medical treatment, you must also produce your insurance certificate at the scene. If you cannot produce the certificate at the scene, you must report the accident to a police station within 24 hours and produce the insurance certificate within seven days (Road Traffic Act 1988, section 170(6)).

Where the other driver does not provide details, or leaves the scene before details are exchanged, note the vehicle registration immediately, photograph the scene, and report the incident to the nearest police station within 24 hours to obtain an incident reference number.

Step 2: Document the scene thoroughly

Before vehicles are moved (if safe to do so), gather comprehensive evidence. Photograph: both vehicles from multiple angles capturing all visible damage; the positions of vehicles on the road including lane markings, junctions, and any relevant road signs or signals; skid marks or debris on the road surface; weather and road conditions; the surrounding area including any CCTV cameras that may have captured the incident.

Collect: the other driver's full name, home address, vehicle registration, insurer name, and policy number if they will provide it. Note the exact time, date, location (including road name and any junction reference), and direction of travel for both vehicles. If there are independent witnesses, pedestrians, occupants of other vehicles who stopped, obtain their names and contact numbers.

If anyone is injured, call emergency services immediately. Provide first aid within your competence but do not move an injured person unless they are at immediate additional risk. Ensure paramedics are provided with an accurate account of the mechanism of injury, particularly for head, neck, and spinal injuries.

For personal injuries to yourself, seek medical attention on the same day and retain all documentation from the date of the incident. A continuous medical record beginning on the incident date is essential for any subsequent personal injury claim.

Step 3: Notify your own insurer promptly

Most motor policies require notification of any incident within 24 hours or as soon as reasonably practicable. This notification obligation applies regardless of: who was at fault; whether you intend to make a claim under your own policy; or whether the damage appears minor. Failure to notify within the required period can constitute a breach of policy conditions and affect the validity of your cover.

When notifying your insurer: state your account of the incident factually; provide all contact and vehicle details you have for the other party; provide witness contact details; indicate whether you believe the other driver was at fault and why; and ask the insurer to note your stated position on the claim file. Under the Consumer Insurance (Disclosure and Representations) Act 2012, you must provide information honestly and not withhold material facts from your insurer.

Your insurer may offer to manage the claim on your behalf, including contacting the other driver's insurer, through its claims handling team. Alternatively, if the other driver was clearly at fault and you prefer to deal directly with their insurer, you can notify your own insurer of the incident without making a claim through your own policy.

Step 4: Cooperate with the claims investigation and vehicle assessment

Once a claim is open, whether under your own policy or against the other driver's insurer, a claims handler is assigned. The claims process involves: liability determination (which party was at fault or the apportionment of fault); vehicle inspection by an approved engineer; repair authorisation or total-loss declaration; and settlement.

Cooperate fully with the claims handler's requests for information, photographic evidence, and access to the vehicle for inspection. Under ICOBS, the insurer must handle the claim fairly, promptly, and without unreasonable delay. If the claim is taking longer than expected, ask the claims handler for a progress update and a timeline.

For vehicle damage: where the vehicle is repairable, the insurer will authorise repair through an approved network repairer or offer a cash settlement. Where the vehicle is declared a total loss (the cost of repair exceeds the vehicle's market value or a defined percentage of it), the insurer will offer a market-value settlement. You are not obliged to accept a settlement you consider inadequate, negotiate with supporting evidence of comparable vehicle values and escalate to the insurer's complaints process if necessary.

Step 5: Recover uninsured losses and escalate if necessary

Uninsured losses are costs caused by the incident not covered by your insurance policy: your compulsory and voluntary excess, vehicle hire costs above the courtesy car provision, lost earnings, medical costs, and any other documented out-of-pocket expenses. In an incident where another driver was at fault, these losses are recoverable from that driver's insurer.

Motor legal protection, a paid add-on on most Comprehensive policies, covers the legal costs of pursuing uninsured loss recovery from an at-fault third party, typically on a no-win-no-fee basis. Without motor legal protection, you must self-fund legal pursuit or use an FCA-regulated claims management company.

If the at-fault insurer disputes liability, delays the claim, or makes an inadequate settlement offer, follow the insurer's formal complaints process. The insurer must issue a Final Response Letter within eight weeks of the complaint. If unresolved, escalate to the Financial Ombudsman Service (FOS) at financial-ombudsman.org.uk at no charge. For personal injury claims below £5,000 arising from road traffic accidents (threshold from May 2021 under the Civil Liability Act 2018), use the Official Injury Claim portal at officialinjuryclaim.org.uk.

Key Figures

When to involve a specialist broker or claims management company

For complex accidents, those involving multiple vehicles, disputed liability, commercial vehicles, or serious personal injury, specialist support may be required. A BIBA-registered solicitor-broker combination can manage the claims process and uninsured loss recovery where the at-fault insurer is uncooperative. BIBA's broker finder at biba.org.uk/find-insurance/ identifies FCA-authorised firms with specialist motor claims experience.

Claims management companies regulated by the FCA (from April 2019) can pursue uninsured loss recovery on a no-win-no-fee basis where motor legal protection is not in place. Verify any claims management firm's FCA authorisation at register.fca.org.uk before engaging. The DVLA's vehicle record confirms the registered keeper of any vehicle involved in an accident, relevant where the driver is not the owner and ownership disputes arise in the claims process.

Frequently Asked Questions

Do I have to stop after a road traffic accident?

Yes. The Road Traffic Act 1988, section 170 requires you to stop at the scene, remain for a reasonable period, and provide your details to anyone who requires them. Leaving without doing so is a criminal offence.

Do I have to tell my insurer even if the accident was not my fault?

Yes. Most motor policies require notification of any incident within 24 hours regardless of fault. Failure to notify within the required period can breach policy conditions and affect your cover.

What is the insurance excess and do I pay it if someone else caused the accident?

Your excess, compulsory plus voluntary, is deducted from any claim settlement under your own policy. If the other driver was at fault, you can pursue their insurer for your uninsured losses including your excess. In a successful no-fault recovery, your excess is typically reimbursed.

What if the other driver's insurer offers an inadequate settlement?

Do not feel obliged to accept an inadequate offer. Provide supporting evidence of comparable vehicle values or documented loss amounts and negotiate. If unresolved, escalate through the insurer's formal complaints process and then to the Financial Ombudsman Service.

What is the Official Injury Claim portal?

The Official Injury Claim portal (officialinjuryclaim.org.uk) is a government-established online process for lower-value personal injury claims arising from road traffic accidents, introduced under the Civil Liability Act 2018. Claims valued below £5,000 for road traffic injuries can be submitted through the portal without legal representation, though obtaining independent legal advice is advisable for higher-value claims within the threshold.

Sources & Verification

• Road Traffic Act 1988, sections 143 and 170: https://www.legislation.gov.uk/ukpga/1988/52
• Consumer Insurance (Disclosure and Representations) Act 2012: https://www.legislation.gov.uk/ukpga/2012/6
• Civil Liability Act 2018: https://www.legislation.gov.uk/ukpga/2018/29
• Official Injury Claim portal: https://www.officialinjuryclaim.org.uk
• Financial Ombudsman Service: https://www.financial-ombudsman.org.uk
• ABI Motor Insurance Premium Tracker Q4 2025: https://www.abi.org.uk
• Motor Insurers' Bureau: https://www.mib.org.uk
• gov.uk, Driving without insurance: https://www.gov.uk/vehicle-insurance/penalty-for-driving-without-insurance

This article is for informational purposes only and does not constitute financial advice. Always verify rates with official advice before making any financial decision.