Should I file a claim if I'm not-at-fault?
Asked by: Mr. Eloy Murray | Last update: January 3, 2026Score: 4.8/5 (13 votes)
Do I need to file a claim if I wasn't at fault?
After a car crash, review your policy or speak to your insurance company to identify the coverages you can file a claim for. Even if you weren't at fault in an accident, you may be able to file a claim under your own collision coverage.
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.
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.
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.
Should I file a claim on my insurance or the at-fault party's insurance following an auto accident?
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 file a claim with the other person's insurance?
When the other driver is at fault, and you have a police report that documents that, you can and should gather information about the other driver's insurance. We do not recommend that you contact that insurance company directly because they will try to reduce their claim and shift the blame to you.
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.
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.
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.
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.
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.
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 happens if no one claims fault in an accident?
But what will happen if no one is at fault for your car accident? You can always file a no-fault car insurance claim. The insurance provider will compensate the policyholder and its passengers for the cost of minor injuries and loss of income regardless of who caused the accident.
Can I be sued if I'm not at fault?
Several states have no-fault laws in place. These laws make it more difficult for a driver of a vehicle to be sued for a no-fault accident by a passenger or injured party. The purpose of no-fault laws is to remove the question of which party will be responsible for the incident.
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)
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.
How to file an insurance claim when not at fault?
If you have the information from the other person involved in the accident, you may call his or her insurance company to file your claim. Some companies may also offer online claim reporting. If you have an insurance agent, he or she may be able to help you through this process or provide you with more information.
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.
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.
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.
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 files a claim against your car insurance?
Unfortunately, your insurance premiums will almost certainly increase when a claim is made against you. You'll also lose your no-claims bonus if it's the first claim you've been on the receiving end of a claim. The amount by which your insurance rates increase may vary a great deal.
Should I file an insurance claim if I am 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.