Does your insurance pay if you are not at fault?
Asked by: Kelley Nikolaus I | Last update: July 27, 2025Score: 4.8/5 (45 votes)
How does insurance work if it's not your fault?
You will file a claim with your auto insurance for damage to your vehicle, medical bills, property damage, and, potentially, lost wages due to injury. The car insurer collects money from the at-fault driver's coverage. Your claims might be limited by the other driver's coverage limits and the state where you live.
Should I file an insurance claim if I am 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.
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 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.
Auto Insurance Claims Process: Not-At-Fault Accident
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.
Should I let my insurance know if it wasn't my fault?
Yes, it is generally advisable to notify your insurance company even if the accident wasn't your fault. Most insurance policies require policyholders to promptly report any accidents or incidents, regardless of fault.
What happens if insurance cannot determine fault?
50/50 fault: If it's too difficult to determine fault, particularly if no witnesses saw the accident take place, some insurance companies will decide to split the costs equally between the two drivers.
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 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.
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.
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.
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.
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.
Should I file an insurance claim if I am at fault?
If you damage someone else's vehicle during a significant collision, and you're at fault, you should always file a claim.
How long does a no-fault accident stay on your record?
In California, accidents typically stay on your driving record for a period of three years from the date of the accident. During this time, the accident will be considered a public record and, therefore, accessible by insurance companies, potential employers, and law enforcement agencies.
Does your insurance go up if someone hits you?
If you are involved in an accident and file a claim, even if it was not your fault, your insurance company may see you as a higher risk to insure and increase your rates. Consider speaking with a licensed insurance agent to see how much insurance could increase after an accident where you're not at fault.
What is accident forgiveness?
What is Accident Forgiveness? Available in select states, Accident Forgiveness is an auto insurance coverage option that potentially helps you avoid a rate increase after your first at-fault accident. Others on your policy can also benefit from Accident Forgiveness. But it can only be used once per policy.
Does insurance go up even if it's not your fault?
Under California law, an insurer cannot increase your premiums when you aren't at fault.
Do I have to pay deductible if I was not at fault with Allstate?
Will I have to pay my deductible if I'm not at fault? It's possible, but we will do our best to recover the amount paid from the person responsible, including your deductible.
What happens if nobody is at fault in an accident?
You May Be Able to Turn to Your Own Insurance Policy
PIP can come into play if nobody is at fault in a car accident. Depending on the type of coverage selected, you could be entitled to compensation that covers: Medical expenses you have up to three years after the accident. 85% of wages you lost due to the accident.
Should you report an accident that wasn't your fault?
You must also report the accident to both your own insurer and theirs. Generally, this will start the claims process with the at-fault party's insurer. Next, seek immediate medical attention—even if you don't think you were injured—and follow up on any suggested treatment.
What if neither party admits fault?
If neither party admits fault in causing the accident, insurance adjusters from all parties involved in the crash will usually determine fault. They may hire experts to examine who caused the accident.
Should I call my insurance if it wasn't my fault Geico?
Depends, but always tell us about any accident that happens. If the other person is at fault and there is no dispute you may be able to file directly with them.