Can you get compensation if the accident was not your fault?
Asked by: Javonte Gaylord | Last update: October 18, 2025Score: 4.8/5 (62 votes)
How does insurance work if it's not your fault?
Who pays in a no-fault accident? If there's an accident between two drivers, each party's PIP coverage typically pays for their respective medical bills and/or wage loss up to their policies' limits, no matter who caused the accident.
Can I make a claim if it wasn't my fault?
If you're injured in an accident that was not your fault, you or your 'legal personal representative' (such as the next of kin in the case of death) can claim compensation from the at-fault driver's compulsory third party (CTP) insurer.
What happens when you get into an accident and it's not your fault?
In California, you can file a claim directly with the at-fault driver's insurance company. You must provide evidence of the accident and documentation of your damages. If the at-fault driver's insurance does not cover all your medical expenses, you may need to use your own insurance to supplement.
What happens if both parties are not at-fault in a car accident?
A no-fault state is one where drivers involved in a car accident are required to file claims with their own insurance companies, regardless of who caused the accident. This system relies on Personal Injury Protection (PIP) coverage, which compensates for medical expenses and lost wages up to a state-determined limit.
Can You Get Compensation If the Accident Wasn't Your Fault? | The Barnes Firm
Should I file a claim if I'm not at fault?
Always File a Claim, Regardless of Who Was At-Fault
One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.
What to do if someone falsely claims you hit their car?
Report the Incident
You don't want them to hear from the other party first. Be detailed: Provide them with all the information you've gathered—photos, videos, witness names, and details about the incident. Ask for advice: Your insurance company will guide you on how to proceed and whether further action is needed.
What to do after a minor car accident not your fault USA?
- Safety first: Move to a safe area as soon as you can. ...
- Check for injuries: If you or anyone else is injured, call 911 or ask someone else to call. ...
- Call the police and report the accident: Even if the accident is minor, it is good to get an official police report.
Do I call my insurance if I'm not at fault?
Yes. Regardless of fault, it is important to call your insurance company and report any accident that involves injuries or property damage. It is a common myth that you needn't contact your insurance company if you aren't at fault.
Will insurance pay out if it was my fault?
Your car insurance policy is responsible for the other driver's damages if you are at fault. But you might wonder about your own damages. If you purchased collision coverage as part of your policy, it should cover your vehicle damage from the accident.
Will my insurance go up if I file a claim and its not my fault?
Some may raise your premiums by 10 percent, while others may charge you only 2 percent more. In addition, certain states, such as California and Oklahoma, don't allow insurance companies to increase rates after a non-fault claim.
What happens if no one admits fault in an accident?
However, when no one admits fault, insurance companies may try to shift blame to avoid paying claims. This is where having legal representation is crucial. Your attorney will handle all communication with the insurance company, protecting your interests and ensuring that you are not unfairly held responsible.
What is considered a no-fault claim?
No Fault means you're supposed to use your own insurance regardless of fault, and the insurance companies will subrogate between each other to get their money back. However, some States, like California, will let you use the at fault party's insurance to cover your damages assuming they have valid liability insurance.
Do I lose no claims if it wasn't my fault?
Does a non-fault claim affect my no-claims bonus? It might sound unfair, but you can lose your no-claims bonus for an incident even if it wasn't your fault (unless you've got a protected no-claims bonus). After all, it's a “no-claims bonus”, not a “no-blame bonus” – and a claim is a claim, regardless of who's at fault.
Is it better to use your insurance or theirs?
After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circumstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.
Should I call my insurance if it wasn't my fault progressive?
Start the claims process
Regardless of who's at fault, it's a good idea to inform your car insurance company that an accident occurred.
Should I file a claim if it's not my fault?
You will need to report an accident to your insurance carrier. Typically, an auto insurance policy will dictate the reporting requirements for accidents, including those that the policyholder did not cause.
When someone hits you, do you call your insurance or theirs?
For example, if your car repair damage is $19,000 and the other driver's insurance covers up to $15,000, you still have to pay $4,000 in repair bills. In this case, your car insurance company may cover the costs resulting from this underinsured driver. This is why you should call your insurance if someone hits you.
How do I make a not at fault claim?
Making a not-at-fault claim
You'll need to collect the details of the other driver involved when making your claim; this will generally include: The names and contact details of the other driver. The other driver's insurer and policy details. The car model and registration number of other vehicles involved.
How to file an insurance claim when not at fault?
If you have the information from the other person involved in the accident, you may call his or her insurance company to file your claim. Some companies may also offer online claim reporting. If you have an insurance agent, he or she may be able to help you through this process or provide you with more information.
What happens after a no-fault accident?
If you had no fault at all in the car accident, the other driver's insurance company should be liable for your damages. You should be compensated for all of the costs of the accident. But the situation is rarely that cut and dry. Insurance companies are for-profit businesses looking to reduce their bottom line.
What happens if someone lies about a car accident?
Lying About Injuries in a Car Accident
If discovered, it can result in the denial of the insurance claim, legal actions from the insurance company, and demands for reimbursement of any compensation already paid. Legal repercussions may also include fraud charges, which can lead to fines or criminal penalties.
What to do if someone falsely claims you hit their car in the UK?
What to do if someone falsely claims you hit their car in the UK. If someone falsely claims you hit their car, you should inform your insurer and gather evidence - for example, witness statements or photos and videos that show you weren't there at the time of the incident.
How do I dispute an accident that wasn't my fault?
If you disagree with an insurer's decision about who is at fault—or how much fault you're assigned—you can challenge their evaluation in court. When you file a personal injury lawsuit in California, a court reviews the evidence from the crash and judges who holds what portion of the fault.