How to handle a not at fault accident?
Asked by: Addie Mann | Last update: October 4, 2025Score: 4.5/5 (13 votes)
- Check that everyone on the scene is safe. ...
- Contact the police to file a report. ...
- Take note of any damages. ...
- Exchange information with others involved. ...
- Contact your insurance company. ...
- Keep track of medical treatment. ...
- Contact a personal injury attorney. ...
- Physical injury costs.
How do you deal with non-fault accidents?
- 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.
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.
What to do if you get in a car accident and it's not 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 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.
Auto Insurance Claims Process: Not-At-Fault Accident
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.
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 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.
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.
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.
When someone hits you, do you call their insurance?
If the at-fault driver is uninsured or leaves the scene, your own insurance will pay if you have the right coverage. Always call your own insurance company, even if you think the other driver is at fault.
Do I have to pay deductible if I was not at fault with Geico?
Let's say your vehicle is damaged due to another driver's negligence. Once GEICO settles your claim, we'll likely seek to recover your deductible, as well as the amount we paid, from the negligent party or that party's insurance company.
What is involved in a non fault accident?
Your rights when an accident isn't your fault
This results in legal liability for the person who caused the harm - in this instance, the at-fault party. The losses suffered will be payable by the at fault party (in practice, their insurer).
Should I talk to the other person's insurance company?
After an accident, it's advised not to speak with the other driver's insurance company. You are not legally required to speak with the other driver's insurance company or give a recorded statement. They often employ tactics to use your statements against you, potentially minimizing your payout.
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 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.
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.
Can you sue someone if you hit their car?
Yes, you can sue someone for property damage after a car accident even if you haven't suffered any injuries. In some cases, auto accidents can lead to sizable property damage, resulting in overwhelming expenses.
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 to do if someone claims you hit their car?
Provide Collected Evidence. Providing your insurance company with all the evidence you've collected is another crucial step in dealing with a false car accident claim. These could include photos of the accident scene, witness statements, and any communications with the accuser or their insurance company.
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 happens if someone who isn't on your insurance crashes your car Progressive?
Allowing another licensed driver to borrow your vehicle is known as "permissive use," which means you give someone, who isn't listed on your car insurance policy, permission to operate your vehicle. If they're involved in an accident, your auto insurance may pay for the damages and injuries, up to your coverage limits.
Can my son drive my car if he is not insured?
Most insurers cover someone else driving the policyholder's car with their permission once in a while. But, if you're going to start driving one of your parent's cars regularly, you'll need to be added or named on their auto insurance. You can't legally drive your parents' car without any insurance at all, either.
When someone hits your parked car, do you call their insurance?
You'll want to contact the other driver's insurance company or your own insurance agent as soon as possible. You have a short period of time to report the accident and file an insurance claim, so don't procrastinate even if the damage is minor.