Should I file a claim if it's not my fault?
Asked by: Desiree Dicki II | Last update: August 18, 2025Score: 4.6/5 (42 votes)
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 make 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.
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.
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.
Should I file a claim on my insurance or the at-fault party's insurance following an auto accident?
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 to do after a minor car accident not your fault USA?
- Safety first: Move to a safe area as soon as you can. ...
- Check for injuries: If you or anyone else is injured, call 911 or ask someone else to call. ...
- Call the police and report the accident: Even if the accident is minor, it is good to get an official police report.
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.
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 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.
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.
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 should you not file a car insurance claim?
“If your damages are minor, you're much better off just paying out of pocket.” Even if the repairs cost slightly more than the deductible, it's still not worth submitting a claim that gets added to your claim history and can negatively affect your premiums in the future.
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.
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.
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.
Will my insurance increase after a claim?
How much does car insurance increase after a claim? Although the amount will depend on who's to blame, the severity of the accident, and your own driving record, you should expect your car insurance to increase by about 20-50% after making a claim.
What happens if you don't report an accident within 24 hours in the UK?
If you don't stop at the scene or report an incident you could be committing an offence and be charged. The penalties include: a fine. up to six months in prison.
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 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 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.
What happens when a car accident wasn't your fault?
If another driver caused your recent accident and you file a claim against their auto insurance policy, you do not have to pay a deductible because you were not at fault. However, if you must use your own auto insurance after an accident, you would likely need to pay your deductible before your coverage would apply.
What to do if you bump a car but no damage?
* Exchange information: Get the other driver's name, contact information, insurance information, and license plate number. * Document the incident: Take photos of both vehicles, even if there's no visible damage. * Report the incident: If required by law in your area, report the incident to the police.
Should I file an insurance claim for bumper damage?
It may not make sense to file a claim if the bumper damage is minor and the repair cost is lower than your auto insurance deductible. If you have a low deductible, it may be worthwhile to file a claim, even for minor repairs.