When an accident is not your fault, you can file a claim against the at-fault driver’s liability insurance for repairs and medical bills, or file with your own insurer for faster service (which they will later recover from the other driver). In "no-fault" states, your own insurer covers medical bills regardless of fault, while the at-fault driver pays for vehicle damage.
The result of no fault is that regardless of who's at fault, if there's a claim, your insurance pays. Which means your rates go up, even if it's the other driver's fault, and the other driver's insurance rates go up. And the insurance companies don't have to pay lawyers to fight between companies to see who pays.
If the accident wasn't your fault, you can use a credit hire company instead of making a claim through your insurance company. A credit hire company pays for the cost of you hiring a replacement vehicle while yours is being fixed, and pays for the cost of repairs.
If you believe you're not at fault for the damage to your vehicle, you have the option to file your claim with the other driver's insurance company or with Travelers. Here are some things to consider when making a decision: You will not be required to pay a deductible if you file with the other company.
A not-at-fault accident can still increase your insurance because insurers see it as a sign of higher future risk, indicating you're statistically more likely to have another claim, even if you weren't to blame for the first one; they also consider administrative costs and your overall claims history, and some states allow rate hikes for any accident involvement to cover these increased risk factors.
How to Prove an Accident Wasn't Your Fault in 5 Steps
Insurance companies determine fault by having adjusters investigate, gathering evidence like police reports, witness statements, photos, and videos, analyzing vehicle damage and skid marks, and applying state traffic laws and negligence principles, often resulting in shared fault (comparative negligence) if multiple parties contributed.
After a car accident that isn't your fault, prioritize safety, call the police, exchange information (name, contact, insurance), document everything with photos/witnesses, seek medical attention (even for minor issues), file a report with your insurer, and avoid admitting fault or discussing the case with the other party's insurance without legal advice. Keep detailed records of all expenses and communications for your claim.
You should never admit fault after an incident, especially a car accident, because even saying "I'm sorry" or "I was distracted" can be used against you by insurance companies and in court to assign liability, potentially costing you compensation for your own injuries, increasing your premiums, or leading to lawsuits, even if you were only partially at fault. It's crucial to remain calm, stick to factual information exchange (like insurance details), and avoid making definitive statements about who caused the accident until a thorough investigation by authorities and legal professionals can determine the true facts.
A not-at-fault accident can still increase your insurance because insurers see it as a sign of higher future risk, indicating you're statistically more likely to have another claim, even if you weren't to blame for the first one; they also consider administrative costs and your overall claims history, and some states allow rate hikes for any accident involvement to cover these increased risk factors.
When talking to an insurance adjuster, avoid admitting fault, speculating on the cause or extent of injuries/damages, giving recorded statements without legal advice, and volunteering extra information like past injuries or unrelated details, as anything said can be used to minimize your claim; instead, stick to basic facts, remain polite but brief, and consider getting legal counsel. Don't sign anything without review, and avoid saying you're "fine" or "okay" immediately after an incident.
After a claim, insurance rates can rise anywhere from 0% to over 50%, depending heavily on fault (at-fault claims cause bigger hikes), the claim's severity (injuries, major damage cost more), your driving record, the type of claim (comprehensive vs. at-fault), your insurer, and location. At-fault accidents often lead to 20-50%+ increases for several years, while not-at-fault or comprehensive claims (like hail, theft) usually result in smaller, if any, increases.
Always call your insurance company first to inform them that you have been in an accident. This applies whether you live in a state with no-fault insurance laws or a state like Texas, which is an at-fault state.
Yes, you must report a non-fault accident to your insurer, even if the other driver offers to pay for damages and you don't make a claim.
You should generally not file an auto insurance claim when repair costs are less than your deductible, the damage is minor (like a small scratch), no one is hurt, and you're at fault, as the potential premium increase over a few years often costs more than paying out-of-pocket for small fixes. It's also wise to pay yourself if the other party agrees to cover costs, or if you have a good claims history and want to avoid making it worse.
Unless a police officer is an accident reconstruction expert, they do not establish fault. Instead, they write a narrative describing what they observed at the scene, including driver and witness statements. Personal injury attorneys and insurers rely on a police opinion when establishing fault and liability.
The location of damage can provide key clues about who was at fault in a car accident, but it's rarely the sole deciding factor. Rear-end and side-impact damage patterns often point to fault, but witness statements and other evidence can also be crucial.
If you're injured in an accident that was not your fault, you or your 'legal personal representative' (such as the next of kin in the case of death) can claim compensation from the at-fault driver's compulsory third party (CTP) insurer.
Calling the police after a car accident that was not your fault can provide you with a police report, which is crucial documentation that can substantiate any claims you may have for damages or injuries.