Should I file a claim with the other person's insurance?

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Yes, you can file a third-party claim with the other person’s insurance if they caused the accident, but you should also notify your own insurance company.

✅ Pros of Filing with Their Insurance

  • No deductible: You do not have to pay out-of-pocket for your deductible upfront.
  • No initial out-of-pocket costs: Repairs or medical bills are paid directly by their policy (if liability is accepted).
  • Protects your policy: It may help avoid using your own collision coverage, though rates can still sometimes fluctuate.

⚠️ Cons of Filing with Their Insurance

  • Slower process: They must investigate their driver and accept liability before paying out.
  • Potential denial or delays: They might dispute fault, delay communication, or have low coverage limits that do not cover all your expenses.
  • No direct contract: Their primary duty is to protect their own policyholder, not you.

💡 Alternative: Going Through Your Own Insurance

  • Faster repairs: Your insurer handles your car right away and pays for repairs minus your deductible.
  • Subrogation: Your company will try to get your deductible back from the at-fault driver's insurance later.
  • Easier communication: Your insurer works for you under your direct contract.

Do I file a claim with the other person's insurance if they hit me?

Yes, you can file a third-party claim directly with the other driver's insurance company if they are at fault for the accident.

Your Options After a Crash

  • File with the other driver's insurance: This is called a third-party claim. You do not have to pay a deductible, and they may pay for vehicle repairs, a rental car, or medical bills. However, it can take longer because they must investigate liability first.
  • File with your own insurance: This is called a first-party claim. It is usually faster, but you must pay your deductible upfront. Your insurer will then try to get that money back from the other driver's company.
  • Notify your own insurer: Even if you plan to use the other driver's policy, you should still call your own insurance company to report the accident.

Tips for Dealing With the Other Insurance Company

  • Be careful with what you say: The other adjuster works for their own company, not for you. Avoid guessing about fault, vehicle speed, or injuries. Stick to the basic facts.
  • Do not rush to sign: Do not sign a final release or cash a settlement check until you know the total cost of your repairs and medical care.
  • Gather your documents: Have the police report, photos of the damage, and the other driver's policy number ready.

You can read more about how a Third-Party Insurance Claim works through Progressive.

Does claiming on someone else's insurance affect your no-claims?

Claiming on another driver's insurance policy does not affect your own no-claims discount because you are not making a claim under your own policy.

How Third-Party Claims Work

  • No-claims protection: Your personal no-claims bonus (NCB) stays safe since your insurer is not paying out or handling the payout for your vehicle.
  • No excess fees: You do not have to pay any policy excess when filing a claim directly against another driver's liability coverage.

Potential Impact on Future Premiums

  • Incident declaration: Even though your no-claims discount is untouched, you may still need to declare the accident to your own insurer if you were driving your own car at the time.
  • Risk assessment: Some insurance companies may slightly increase your renewal price because statistics show that drivers involved in any accident are a higher statistical risk.

How does insurance work when it's not your fault?

When an accident is not your fault, you can file a claim with the at-fault driver's insurance company or use your own insurance policy.

🚗 Third-Party Claim (Other Driver's Insurance)

  • How it works: You file directly with the other driver's liability coverage.
  • Deductible: You pay zero out-of-pocket deductible.
  • The catch: The insurer must investigate and verify fault before paying out, which can take time.

🛡️ First-Party Claim (Your Own Insurance)

  • How it works: You file through your own collision or PIP coverage.
  • Deductible: You must pay your deductible upfront, but your insurer may refund it later.
  • Subrogation: Your company fixes your car fast, then fights the other driver's insurer to get the money back.

⚖️ At-Fault vs. No-Fault States

  • At-fault states: The other driver's insurance pays for your car repairs and medical bills.
  • No-fault states: Your own Personal Injury Protection (PIP) covers your medical bills regardless of who caused the crash, though property damage still goes to the at-fault party.

Is it better to file a claim with your insurance or theirs?

It is generally better to file a claim with your own insurance company for a faster repair process, even if the other driver is at fault.

Filing with Your Insurance (First-Party Claim)

  • Speed: Your car gets fixed much faster. Your insurer pays for the damage right away.
  • Deductible: You must pay your deductible up front. Your insurer will try to get this money back from the other driver and refund you later.
  • Contract: Your company has a legal duty to help you under your policy rules.
  • Reporting requirement: You must tell your own insurer about the crash anyway to avoid breaking your policy rules.

Filing with Their Insurance (Third-Party Claim)

  • No deductible: You do not pay anything out of pocket if they accept fault.
  • Delays: The other company works for the other driver, not you. They can move very slowly or deny fault completely.
  • Low offers: Their adjusters try to pay you as little money as possible.
  • No collision coverage: You must use their insurance if you only carry basic liability coverage and lack collision insurance on your own car.

Auto Insurance Claims Process: Not-At-Fault Accident

9 related questions found

Is it worth reporting a minor hit-and-run?

Yes, reporting a minor hit-and-run is always worth it to protect yourself from legal and financial liabilities.

Why You Should Report It

  • Protection against false claims: If the other driver reported you instead, you could face criminal charges for leaving the scene.
  • Official documentation: A police report creates an official record. This is required if you need to file an insurance claim or if hidden vehicle and structural damage appears later.
  • Legal requirement: Leaving the scene of an accident is a crime in most jurisdictions, even if the property damage is minor or occurs in a parking lot.

What You Can Expect

  • Limited police investigation: Officers typically do not dispatch units to minor property-damage crashes unless a suspect, video evidence, or license plate is provided.
  • Filing options: You may need to file the report online, over the phone, or in person at a local station or collision reporting center.

Will my insurance go up if I file a claim against someone else?

Your insurance rates usually will not go up if you file a not-at-fault claim against another driver who is entirely responsible for the accident, though rules vary by state and insurance company.

When Rates Usually Stay the Same

  • Zero Fault: If the other driver is 100% at fault and their insurance (or yours via subrogation) fully recovers the costs, many insurers will not raise your rates.
  • State Protections: Some states legally prohibit insurance companies from increasing your premium for an accident where you bear no fault.

When Your Rates Might Still Go Up

  • Filing Multiple Claims: Having a frequent claims history—even if you are never at fault—can signal a higher statistical risk to insurers, leading to a rate hike or loss of a claim-free discount.
  • Shared Fault: If you are found partially at fault (e.g., 20% responsible), insurers may apply a surcharge.
  • State Regulations: In states without anti-surcharge laws, some insurance companies still raise rates for any recorded incident on your CLUE report.

Better Alternative: Third-Party Claim

To protect your own policy history, you can file a third-party claim directly with the other driver's insurance company instead of involving your own provider.

Will my insurance go up if I claim on someone else?

Your insurance may go up even if the accident is not your fault, depending on your state and insurer.

Filing Options and Rate Impacts

  • Third-Party Claim: Filing a claim directly with the at-fault driver's insurance company generally protects your own policy from a rate increase.
  • Claiming Through Your Insurer: If you file a not-at-fault claim through your own policy (such as using collision or uninsured motorist coverage), some insurers may still raise your rates because they view any payout as an indicator of higher risk.
  • State Laws: Certain states legally prohibit insurance companies from raising your rates after an accident where you bear zero fault.

To learn more about how third-party insurance claims work with your specific policy, check your local regulations.

What's the biggest mistake people often make when dealing with an insurance claim?

The biggest mistake people often make when dealing with an insurance claim is giving too much information too soon—such as providing a recorded statement or casually saying "I'm fine" to an adjuster. Insurance adjusters often call quickly to get statements that they can use to lower or deny your payout.

Other Common Mistakes to Avoid

  • Admitting Fault Prematurely: Saying "I'm sorry" or guessing about what happened at the scene can be twisted into an admission of liability before all facts are known.
  • Accepting the First Offer: The initial settlement check is usually a low-ball offer meant to close the case cheaply before you realize the true cost of repairs or medical bills.
  • Delaying Medical Care or Filing: Waiting too days to see a doctor or report the incident gives insurers an opening to argue your injuries or damages didn't happen during the event.
  • Poor Documentation: Failing to take photos, keep receipts, or track medical visits makes it hard to prove the real value of your claim.
  • Posting on Social Media: Sharing photos or details online gives the insurance company evidence to claim you are less injured or damaged than you state.

What happens if the other person's insurance denies a claim?

If another person's insurance denies your claim, you can file a claim through your own auto insurance policy, submit new evidence to appeal the decision, or sue the at-fault driver directly.

What Happens Next

  • The denial is not final: Insurers can reverse decisions if you provide new information.
  • Your rates might not rise: If your insurer believes the other driver is at fault, they may try to recover costs without raising your rates.
  • You can use your own coverage: If you have collision or uninsured motorist coverage, your own company can pay for repairs or medical bills and then fight the other insurer to get your deductible back.

Steps You Can Take

  • Get the denial in writing: Ask the company for a formal letter explaining the exact reason for the refusal.
  • Collect more proof: Gather police reports, photos, dashcam footage, or witness statements that disprove their reason for denial.
  • File an appeal or demand letter: Send your new evidence to the adjuster with a clear letter asking them to reconsider.
  • Hire a lawyer: A legal professional can challenge bad-faith tactics or help you file a lawsuit against the driver.