Should I file a claim with my insurance if I'm not-at-fault?
Asked by: Camden Hudson | Last update: March 8, 2025Score: 4.6/5 (23 votes)
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.
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 I make a claim if I'm not at fault?
Yes, you should call your insurance company if you were in a car accident that was not your fault.
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.
Should I file a claim on my insurance or the at-fault party's insurance following an auto accident?
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 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.
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.
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.
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.
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.
When someone hits you, do you call your insurance or theirs?
You should call both, regardless of who you think is at fault. If it turns out the other driver is at fault, their insurance will pay, but it's helpful to have your insurance company involved.
Does your insurance go up if you're not in the wrong?
Even if your driving record is accident-free, your car insurance rates can go up. Rate hikes may result from things you can control, like a moving violation or policy change, or from things beyond your control, such as inflation or more claims in your area.
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 no one is at 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.
Should you 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.
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.
Will my insurance go up if I get hit by an uninsured driver?
However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.
How long does a no-fault accident stay on your record?
In California, accidents typically stay on your driving record for a period of three years from the date of the accident. During this time, the accident will be considered a public record and, therefore, accessible by insurance companies, potential employers, and law enforcement agencies.
What happens if you don't tell your insurance about 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.
What to do if someone falsely claims you hit their car in the UK?
What to do if someone falsely claims you hit their car in the UK. If someone falsely claims you hit their car, you should inform your insurer and gather evidence - for example, witness statements or photos and videos that show you weren't there at the time of the incident.
What happens if a third party does not report an accident?
The insurer can repudiate liability. It can lead to a loss of protection under the policy of the insured policyholder. The insurer can also, in case of any delay in reporting the car accident, do any of the following: Confiscate the policyholder's NCD entitlement.