Should you file a claim with your insurance if you are not at fault?

Asked by: Camryn Abshire I  |  Last update: July 30, 2025
Score: 4.6/5 (60 votes)

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.

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

It's better if you file a third party claim directly with the other person's insurance. That will keep your insurance rates from rising (yes, your rates can rise if you file a claim with your own insurance even if you're not at fault.) You can't use a delay in processing the claim as an excuse to run up more expenses.

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 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.

Easiest Way to Get Paid Big for Your Car Accident

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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.

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.

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 when you get in a car accident and it's not your fault?

Here's what you need to know to increase your chances of obtaining full compensation:
  • Get out of harm's way.
  • Check for injuries.
  • Call the police.
  • Gather information at the car accident scene.
  • Report the crash to your insurance company.
  • Understand insurance coverage.
  • Get medical treatment.
  • Contact a car accident lawyer.

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.

When should you not file a claim?

If the claim amount equals or is less than the deductible, there's not much sense in filing a claim. “Most car insurance policies have a deductible in place which you have to pay before their coverage kicks in,” says Ross. “If your damages are minor, you're much better off just paying out of pocket.”

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 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.

How to report a not at fault accident?

10 Steps You Can Take to Help Prove You're Not At Fault For Your Car Accident
  1. Collect the Other Driver's Information at the Scene of the Car Accident. ...
  2. Get a Police Report. ...
  3. Report the Car Accident to Law Enforcement and the DMV. ...
  4. Document Vehicle Damage. ...
  5. Contact Witnesses and Get Their Statements.

What to do if someone claims you hit their car?

What to Do If Someone Falsely Claims You Hit Their Car
  1. Evaluate the Situation.
  2. Speak to the Other Party Politely.
  3. Take Photos and Videos.
  4. Gather Witnesses.
  5. Check for Nearby Cameras.
  6. Report the Incident.
  7. Explain Your Side Clearly.
  8. When to Consult an Attorney.

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 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 file a claim if I'm not at fault?

» FAQs » Should I Call My Insurance If a Car Accident Was Not My Fault? Yes, you should call your insurance company if you were in a car accident that was not your fault. There are two main reasons for this. First, your insurance company may require you to contact them as outlined in your policy.

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 someone hits my car?

Collision coverage typically helps pay to repair or replace your vehicle if it's hit by another vehicle (or if you hit another vehicle or object), regardless of who is at fault. Even if you cannot find the other driver, you may be able to file a claim under your own auto insurance policy's collision coverage.

Do I have to pay my deductible if someone hits me?

The purpose of the deductible is to share financial responsibility between the insured and the insurance company. It also discourages filing small or frivolous claims. You may have to pay your deductible if someone hits you—even if you're not at fault.

Do I give my insurance to someone who hit me?

Yes, you do have to exchange insurance information with the other party involved in the accident. This is a customary procedure that ensures both parties can file claims and have their damages covered. After the collision, make sure to call the police to document the incident officially.

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.

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.

Can I make an insurance claim if it was my fault?

If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases compensation for other damages, such as pain and suffering.