What happens after a no-fault car accident?

Asked by: Dr. Chauncey Langworth  |  Last update: June 18, 2025
Score: 4.6/5 (15 votes)

If you had no fault at all in the car accident, the other driver's insurance company should be liable for your damages. You should be compensated for all of the costs of the accident. But the situation is rarely that cut and dry. Insurance companies are for-profit businesses looking to reduce their bottom line.

What happens after a no-fault accident?

A no-fault state is one where drivers involved in a car accident are required to file claims with their own insurance companies, regardless of who caused the accident. This system relies on Personal Injury Protection (PIP) coverage, which compensates for medical expenses and lost wages up to a state-determined limit.

Who pays for car damage in no-fault state?

In no-fault states, each party carries insurance that pays for their own injuries, while the at-fault party typically pays for everyone's property damage.

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 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.

What Happens In A No-Fault Accident In Michigan? | Michigan Auto Law

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What are the cons of no-fault insurance?

CONS: Fewer legal options: In most states, drivers with no-fault policies are restricted from suing unless the injuries meet a certain severity threshold. Potentially higher premiums: Some say no-fault insurance may lead to higher premiums due to more claims being filed.

Will insurance pay out if it was my fault?

Who pays for an at-fault accident? 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.

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.

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.

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.

Can I be sued for a no-fault car accident?

The insurance contracts in no-fault states ensure coverage no matter who bears responsibility for the car accident. Generally, all parties in the accident may receive funding to help them recover, thus limiting the option for a driver to be sued for a no-fault accident.

Who pays deductible in no-fault accident?

Policyholders will generally pay the deductible before comprehensive coverage kicks in. Liability insurance. Liability coverage, which is required in California, doesn't involve deductibles but covers damages the policyholder causes to other vehicles, drivers, or property. Uninsured motorist coverage.

Should I 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.

How long does a no fault settlement take?

Auto accidents generally take anywhere from 6 months to 3 years to settle in California. Car accidents generally settle faster than other kinds of personal injury claims. This is because car accidents tend to cause less severe injuries than certain other types of cases, like medical malpractice.

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.

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 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.

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.

Who gets the insurance check when a car is totaled?

If you own the car outright, you will receive the check. If not, the check goes to the leasing company or the lender, otherwise known as the lien holder. If you owe money on the vehicle, you should notify the lending company that your car has been totaled.

Why is no-fault insurance bad?

Opponents of no-fault insurance argue that the benefits are purely theoretical and that past performance has proved that no-fault is ineffective. Drawbacks include the following: No compensation for pain and suffering, paralysis, or other non-economic damages; arbitrary limits are imposed.

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.

Do you get your excess back if it's not your fault?

Paying excess for a car accident that isn't your fault

When you pay the excess for a car accident which isn't your fault, you may need to claim this back from the insurance company of the driver who caused the accident once the claim is settled, if you don't have legal expenses cover to pay this for you.

What happens when you get into an accident and it's not your fault?

In California, you can file a claim directly with the at-fault driver's insurance company. You must provide evidence of the accident and documentation of your damages. If the at-fault driver's insurance does not cover all your medical expenses, you may need to use your own insurance to supplement.

What is the average payout for a totaled car?

If your car is a total loss, insurers will offer you a payout equal to your car's fair market value prior to the accident damage. If you opt to keep your car, however, your insurer will subtract the salvage price from your totaled car's value.

How much will my insurance go up if it was my fault?

If you cause a car accident, your insurance rates will go up by an average of $87 per month for full coverage. Where you live has a big impact on how much you'll pay for insurance after a car accident. California has the largest rate increase. An accident in California nearly doubles full coverage insurance rates.