Should I file a claim with my insurance if I'm not at fault?
Asked by: Prof. Matt Okuneva DVM | Last update: June 1, 2025Score: 4.2/5 (51 votes)
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.
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.
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.
Report auto accident to your insurance if not your 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 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 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 insurance go up even if it's not your 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 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.
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 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 I call their insurance or mine?
Even in at-fault states, where the other driver's insurer pays, there are several reasons why you should always call your own auto insurance company first, including: Some insurers will help you negotiate a settlement with the other driver's insurance company.
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 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.
Should I go through my insurance or the person who hit me?
If your vehicle received minor damage, it might be worth filing a collision claim with your insurance if the damage costs more than your deductible. If the other driver caused the accident, then you could file a claim with their insurance company instead.
How long do you have to report a car accident to your insurance in California?
How Long Do You Have to Report an Accident to Insurance In California? Report accidents to your insurer within the stipulated period, often 72 hours, to avoid claim denial. The California statute of limitations for auto accidents is two years.
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 long do you have to report a car accident to your insurance in Texas?
You Must Report Accidents that Caused Injury or Vehicle Damage Immediately. In Texas, you generally have 30 days to report a car accident to your insurance company. However, this can vary depending on your specific insurance policy. Check your policy for the exact deadline to ensure compliance.
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.
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.
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.
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.