Do you file a claim if it's your fault?
Asked by: Lorenza Herman | Last update: December 21, 2025Score: 5/5 (67 votes)
Can you claim if it was your fault?
If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.
Should I file a claim if I was at fault?
When you caused an accident or damage to someone else's car or property. If your accident caused damage to anything other than your own car, you might want to file a claim. If the damage is minor, it might seem like something you can work out with the other driver or property owner independently.
Do I make a claim if it's my fault?
To claim compensation you will need to show that the accident was the fault of another person or organisation. If the accident was completely your fault it is highly unlikely that you will be able to make a claim. If you were partly at fault, however, you may be able to make a claim.
When should you not file an insurance claim?
“If your damages are minor, you're much better off just paying out of pocket.” Even if the repairs cost slightly more than the deductible, it's still not worth submitting a claim that gets added to your claim history and can negatively affect your premiums in the future.
Should I file a claim on my insurance or the at-fault party's insurance following an auto accident?
What is the downside of filing an insurance claim?
It could increase your premiums
When determining your premiums, insurance companies consider your likelihood of filing a future claim — which could cost them money. The higher your perceived risk, the more likely you are to pay more in premiums. Your claims history tends to play a direct role.
What happens if you don t file insurance claim after accident?
If you fail to report a car accident and another party later makes a claim against your insurance for compensation, your insurance company could say that you never reported an accident and refuse to make good on your coverage. Then, you would have to pay out of pocket.
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.
Do I call the other person's insurance if they hit me?
You do likely have to talk to your own insurance company as they will need your account of what happened. There is, however, times when speaking to the other driver's insurance company will benefit you and will depend heavily on the specifics of your case.
Do I have to provide 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.
How does insurance work when it is your 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.
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.
What to do if someone claims you hit their car?
- Evaluate the Situation.
- Speak to the Other Party Politely.
- Take Photos and Videos.
- Gather Witnesses.
- Check for Nearby Cameras.
- Report the Incident.
- Explain Your Side Clearly.
- When to Consult an Attorney.
Do I report a claim if I'm at fault?
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
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 an insurance claim for bumper damage?
It may not make sense to file a claim if the bumper damage is minor and the repair cost is lower than your auto insurance deductible. If you have a low deductible, it may be worthwhile to file a claim, even for minor repairs.
Should I call my insurance if it was my fault?
Yes, you will want to call your insurance provider regardless of whose fault you believe it may be. Your insurance provider will be able to walk you through the next steps of filing a claim and finding out what your coverage does and does not cover.
Should I go through my insurance or the person who hit me?
If your vehicle received minor damage, it might be worth filing a collision claim with your insurance if the damage costs more than your deductible. If the other driver caused the accident, then you could file a claim with their insurance company instead.
What happens if someone sues you for more than your insurance covers?
You may face a lawsuit for the uncovered amount when damages exceed your policy limits. The injured party could attempt to seize your personal assets, which may include: Savings accounts. Wages (via wage garnishment)
Can you claim insurance if it was your fault?
It is therefore not possible to make a claim if you were entirely at fault for causing the accident. If you were partly at fault for causing the accident, then you may be eligible to make a claim. This is known as split liability or contributory negligence.
Is it better to not file an insurance claim?
Always file a claim if there's serious property damage or potential injuries. Even if the other driver is honest and the accident was only a fender bender, the damage might be more serious than it appears. Additionally, a car might have hidden damage that won't be found until it's been looked at by a mechanic.
How long does an at-fault accident affect insurance?
In the state of California, most vehicle accidents will stay on your record for around 3 years. However, more serious traffic violations will follow you for longer. For example, a DUI conviction will stay on your record for 10 years.
Whose insurance company do I call after an accident?
But perhaps you're unclear about the process. You might think that calling the other driver's insurance first makes sense since they hit you. Actually, you'll be better off contacting your insurance company first instead of depending on the other driver. Let's find out why.
Can you fight an at-fault accident?
You may need to file a lawsuit if you can't reach a settlement with the other driver's insurance company. This is a complex and time-consuming process; having an experienced personal injury attorney is important. California has a statute of limitations for filing a personal injury lawsuit.