How to get the most out of a non-fault accident?
Asked by: Tracey Konopelski | Last update: August 16, 2025Score: 4.7/5 (74 votes)
- Get out of harm's way.
- Check for injuries.
- Call the police.
- Gather information at the car accident scene.
- Report the crash to your insurance company.
- Understand insurance coverage.
- Get medical treatment.
- Contact a car accident lawyer.
How to get the most money from insurance after an accident?
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. In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage.Is it better to use your insurance or theirs?
Who pays for car damages in a no-fault state?
How to get maximum settlement from a car accident?
Auto Insurance Claims Process: Not-At-Fault Accident
How to get more money for pain and suffering?
Work with An Experienced and Knowledgeable Attorney
You need to work with a personal injury lawyer if you want compensation. They know how to increase a settlement value and will handle your entire legal process. The attorneys at Silva Injury Law have decades of experience representing victims in California.
How long do most accident settlements take?
Car accident cases with clear liability and moderate injuries often settle within 6 to 9 months after medical treatment is complete.
Do you get money from no-fault insurance?
So let's start with a basic definition: no-fault insurance, sometimes referred to as personal injury protection insurance (PIP), can help cover you and your passengers' medical expenses and loss of income in the event of a covered accident, regardless of who is found at fault.
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.
Why are no-fault states bad?
Higher Premiums
Auto insurance premiums in no-fault states tend to be considerably higher than in fault states. If you get injured in a car accident and file a claim, your premiums might increase even more, even though you are the victim, not the at-fault party.
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.
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.
Who gets the insurance check when a car is totaled?
If you own the car without any loans or liens, you will receive a check for the value assessed by the insurance company. If there is a loan, the check usually goes first to the leasing company or the lender. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.
Can you ask for more money when your car is totaled?
In some cases, you may get more insurance money for a totaled car than for repairs. In addition, it is possible to negotiate a higher settlement by providing evidence that your car was worth more than the insurance company's initial valuation.
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)
How can I maximize my insurance payout?
Document Every Detail: Keep detailed records from the initial incident to follow-up conversations. Taking photos, saving receipts, and recording interactions with the insurance adjuster will strengthen your claim. Stay Organized: Keep all claim-related documents in one place.
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.
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.
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.
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 are the pros of no-fault insurance?
PROS: Faster claims processing: With no need to determine fault, claims are processed much more quickly. Less litigation means lower rates: No-fault insurance aims to reduce the number of lawsuits related to minor accidents.
Do you have to pay deductible for no-fault?
It depends on your insurance policy. Some insurance policies require you to pay your deductible even if you are not at fault, while others do not.
How fast can you get settlement money?
Once you sign the settlement release, your insurance company usually issues the check within 3 weeks. Our legal team then works to promptly resolve any medical liens and outstanding bills from your settlement funds, which typically takes 1-3 weeks.
Do insurance companies settle car accidents?
Most of the time, insurance companies will try to settle accident claims outside of court. Lawsuits are lengthy and expensive. An insurance company knows it's likely to pay less by settling outside of court. After you file a claim, the insurance company might respond quickly.
How long does it take to get paid out after a car accident?
Auto accidents generally take anywhere from 6 months to 3 years to settle in California. Car accidents generally settle faster than other kinds of personal injury claims. This is because car accidents tend to cause less severe injuries than certain other types of cases, like medical malpractice.