Yes, you should always report the accident to your own insurance company, even if it is not your fault, to protect your rights. While you can claim through the at-fault driver's insurance, using your own provider can speed up repairs; your insurer will then seek reimbursement (subrogation) from the other party and recover your deductible.
The question often arises. Do I call my insurance if a car accident is not my fault? Even when another driver is clearly at fault, failing to report the accident can lead to complications later, especially when dealing with property damage, medical bills, or disputed claims.
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.
Even if you have a 'non-fault' claim, your insurance premiums may increase.
In some cases, if the amount is quite small, you may not want to make a claim because if you do so your future premiums could increase by more than the amount you have claimed. However, it's a good idea to make an insurance claim if someone has been injured.
Drawbacks of a No Fault System
No compensation for pain and suffering, paralysis, or other non-economic damages; arbitrary limits are imposed. Under pure no-fault and choice systems, bad drivers are protected because they cannot be sued for the damages they cause. Thus, there's no incentive to be a good driver.
Do I still have to lodge a claim or is it optional to lodge a claim especially when the damage is minor? It is not necessary to always lodge a claim, especially for minor damages. In fact, most insurance experts advise policyholders to refrain from making claims for such damages. There are numerous reasons for this.
Understand California's insurance: In California, compensation is rewarded based on an at-fault insurance system. This means that you can hold the driver responsible for causing your accident or their insurance company liable for paying for any injuries or damages you have sustained.
How to Prove an Accident Wasn't Your Fault in 5 Steps
If you are not at fault for a car accident, you typically only need to deal with the other driver's insurance company, not yours. While you should still call to report the accident to your own insurance company, you won't be pursuing compensation from them.
For example, if you're hit by another driver, their insurance company can admit liability (because their driver was at fault for the incident) - meaning we can recover the costs of repairing or replacing your car. This would be recorded as a non-fault claim and would not affect your no claim discount.
Avoid any admissions of fault or liability when talking to your adjuster. Such statements can be used to shift blame, potentially decreasing the amount you might be compensated. Instead, focus on describing the damage and the events as they happened, without inserting personal opinions about who might be at fault.
For example, if the front driver suddenly slams on their brakes for no reason, commonly known as “brake checking,” they may be considered at fault. Similarly, if a driver merges into a lane without leaving enough space and gets hit from behind, they may share responsibility for the accident.
The exact timeline varies depending on your plan, but generally requires you to report the accident within a few days. Failure to notify your insurance company can damage potential payments or result in your claim being automatically denied.
“I'm Sorry” It may feel like the right thing to say, but don't apologize—even casually. An apology can be interpreted as admitting fault, even if you didn't cause the accident. Insurance companies and opposing attorneys will use any statement that sounds like an admission to shift liability onto you.
You might decide not claim if: the damage is only minor and it will be cheaper for you to pay for repairs yourself, instead of paying your insurer your excess amount. the damage only minor and the cost of your future insurance premiums will increase if you make a claim.
Yes, you'll almost always see your car insurance premium increase after making a claim. It doesn't always matter whether the accident was your fault or not. Insurers often see any claim as a sign of increased risk. And increase risk typically means increased costs.
making a claim may increase your premiums in the future or when you renew your policy. some insurance companies offer a discount if you don't make any claims under your policy. if the amount of your claim is only a little more than your deductible, consider if it's worth it to pay for the loss or event yourself.
No matter the circumstances, you should contact your insurance if you were in a car accident that was not your fault.