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Non fault claim

 

Your Rights in a Non-Fault Accident – What You Need to Know in 2026

 

If you've recently been in a road traffic accident that wasn't your fault, you might be feeling overwhelmed by insurance calls, repair quotes, and questions about what you're actually entitled to. At RDM Bodyworks, we handle non-fault claims every week, and we believe knowledge is power—so here's a clear, up-to-date guide to your rights in the UK.

1. You Have the Right to Choose Your Repairer

Under tort law, the at-fault party (or their insurer) must compensate you for your financial losses, putting you back in the position you were in before the crash. This includes vehicle repairs.

The key case Coles v Hetherton [2013] still stands strong in 2026—no major challenges have overturned it. It confirms:

  • Your loss is measured by the reasonable cost of repair on the open market.
  • You don't have to accept the cheapest option or the at-fault insurer's preferred garage.
  • Reasonable costs (including some admin fees) are recoverable, even if your own insurer arranges things—focus is on fairness, not the absolute lowest price.

This means you can choose us at RDM Bodyworks for high-quality repairs, paint correction, resprays, or full accident work. We deliver better results without cutting corners, and we handle the claim process smoothly so you avoid stress.

2. Claiming for Loss of Use – Replacement Vehicle or Alternatives

If your car is off the road for repairs (or written off), you're entitled to compensation for the temporary loss of use. This covers:

  • A like-for-like hire vehicle (similar size, engine, doors, etc.).
  • Taxis, buses, or other transport costs.
  • Other direct out-of-pocket expenses.

These are "uninsured losses," claimed from the at-fault insurer.

Credit hire remains popular for those who can't pay upfront. A specialist company provides a vehicle on credit, then recovers costs from the at-fault side. However:

  • Hire rates and duration must be reasonable.
  • For higher credit rates (vs. standard market rates), you often need to prove impecuniosity (you couldn't afford to hire without hardship—sometimes shown with financial evidence).
  • Recent cases (2025–2026) continue clarifying these rules, like limits on debarring orders and how impecuniosity applies to hire duration/rates.

The ABI General Terms Agreement (GTA) for credit hire is still active, with updated rates and protocols (e.g., changes effective March 2026 and interim packages through mid-2026). It helps speed up payments but can sometimes lead to pressure on quick settlements—always check your vehicle's true value before agreeing to a write-off.

Why This Matters for You

Insurers may push their approved networks for cost control, but the law protects your choice. You deserve quality repairs that last, not rushed fixes that could cause issues later. At RDM Bodyworks, we:

  • Specialise in non-fault accident repairs.
  • Offer on-site MOT, car wash/valeting, paint correction, dent removal, bumper fixes, and resprays.
  • Provide free quotes and handle paperwork with the at-fault insurer.

Don't let anyone tell you you're stuck with their garage—you have the right to better.

Got questions or need a no-obligation quote?

  • WhatsApp Ray: +44 7402 871985
  • Email: ray@rdmbodyworks.co.uk
  • Visit: 10 Oakland Road, Leicester LE2 6AN (behind Weavers Garage, off Welford Road)

We're here to get your vehicle back to perfect—and fight for the compensation you deserve. Drop us a message today!

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