How do I claim insurance if it's not my fault?
Asked by: Gladyce Kulas | Last update: May 24, 2025Score: 4.4/5 (34 votes)
How to file an insurance claim when not at fault?
If the accident wasn't your fault, the first step is to file a claim with the at-fault driver's insurance company. You'll need to provide them with evidence like the police report, medical bills, and any repair estimates for your vehicle.
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.
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.
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.
What Do You Do If the Other Driver Lies About What Happened?
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 have to declare a claim if it wasn't my fault?
Yes. You need to declare all accidents that you're involved in, regardless of who or what was at fault, and whether you make a claim. Not telling your provider about an accident could lead to issues down the line.
Do you call the other person's insurance?
If you get into a car accident, you are under no obligation to call another driver's insurance company to work out the claim. All you need to do is talk to your insurance provider when you get into an accident or if someone else hits your car, and they will handle the claim on your behalf.
Do I have to report an accident to my insurance if I wasnt at fault?
Even if you find yourself as the victim of an automobile accident, it is important to inform your insurance provider, as stated in the guidelines set by the California Department of Insurance.
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.
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.
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.
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 there is no damage?
Even if it was a fender bender with no damage and no one appears to be seriously hurt, you should still consider filing a claim for minor injuries. Some injuries might be more severe than they seem, and others can linger and may cost more to treat than you expect.
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.
How to make an insurance claim?
- Step One: Contact Your Agent Immediately. ...
- Step Two: Carefully Document Your Losses. ...
- Step Three: Protect Your Property from Further Damage or Theft. ...
- Step Four: Working with Adjustor. ...
- Step Five: Settling Your Claim. ...
- Step Six: Repairing Your Home.
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 to file a claim with someone else's car insurance?
Otherwise, simply call the other party's insurer to file your claim using the information their insured gives you regarding their auto insurance. To get started, be prepared to provide some information about the driver who caused the accident, their insurance, and the accident.
What happens if I don't call my insurance after an accident?
There is no California law per se about notifying your insurance company after a collision, but your auto insurance policy is a contract. When you signed it, you agreed to the stipulations in the contract, which will almost certainly include the requirement to notify the insurance company promptly after an accident.
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.
Do I have to pay deductible if I was not at fault state farm?
When another party is primarily at fault for your damages, State Farm may try to recover the amount of the claim paid for your loss. This is called subrogation. State Farm will try, to the extent that you're not liable for the accident, to recover all or a portion of the deductible you paid.
Should you contact the other person after an accident?
When involved in a car accident, there are specific details you should share with the other driver to ensure proper documentation and help facilitate any potential insurance claims, including: Contact information: Provide your full name, phone number, and address. Request the same information from the other driver.
What happens when a car accident wasn't your fault?
The first step is to get the other party's car insurance information and then report the accident. You should call 911 or the police to respond to the scene. 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.
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.
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.