Should I file a claim if it's not my fault?

Asked by: Dallin McClure  |  Last update: June 7, 2026
Score: 4.7/5 (33 votes)

Yes, you should report the accident to your own insurance company, even if it is not your fault, to protect your rights, ensure coverage, and receive proper compensation. While you can file a claim with the at-fault driver's insurance to avoid a deductible, your insurer can assist if the other party is uncooperative, uninsured, or contests liability.

Should you file a claim if I'm not at fault?

Avoid Paying for Your Own Defense: In some cases, even when the accident was not your fault, the other driver may still make a claim against you. By promptly informing your insurance company about the accident, you can avoid paying for your legal defense if this situation arises.

Should I make a claim if I'm not at fault?

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.

Should I file a claim even if not damaged?

Even without visible damage, it's important to treat the situation seriously. This can help protect you from future complications. If you were the at-fault driver, there's a possibility the other motorist could file a surprise (and possibly frivolous) accident claim or personal injury claim.

Do I make an insurance claim if it wasn't my fault?

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.

Auto Insurance Claims Process: Not-At-Fault Accident

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Will my insurance go up with a non-fault claim?

Even if you have a 'non-fault' claim, your insurance premiums may increase.

When should you not file a claim?

5 Scenarios When You Should Definitely Pay Out of Pocket

  1. The Damage is Less Than or Slightly Above Your Deductible. ...
  2. You've Already Filed a Claim Recently. ...
  3. Minor Damage to Your Own Property. ...
  4. Single-Vehicle Incidents with Minor Damage. ...
  5. The Other Driver Agrees to Pay Directly. ...
  6. Major Damage or Total Loss. ...
  7. Injuries Are Involved.

What should you not say in a claim?

Don't Say Things That Will Reduce the Value of Your Claim

  • I'm feeling much better.
  • This really isn't so bad.
  • I've been through worse.
  • I don't know what my doctor is so concerned about.
  • This isn't such a big deal.

Do I pay excess on car insurance if it's not my fault?

You pay the excess in the event of any claim made on your insurance policy regardless of who is to blame. However, if it's proved the collision was the other person's fault and the full cost is recovered from their insurer, you may be able to recover this amount.

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

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.

How do you prove it's not your fault?

How to Prove an Accident Wasn't Your Fault in 5 Steps

  1. Gather Evidence from the Scene. Documentation from the crash site is essential for illustrating who's at fault. ...
  2. Contact Witnesses. ...
  3. Get the Police Report. ...
  4. See a Doctor. ...
  5. Consult with an Attorney.

Does your insurance go up when it's not your fault?

Unfortunately, your car insurance rates can increase after a car accident, even if another driver is found to be at fault. Some insurance companies increase drivers' rates after an accident, no matter who caused it. Other companies only increase a driver's rate if they bear a majority of the fault for an accident.

Should I contact my insurance company if I am not at fault in Australia?

Clearly, you're not at fault. To make a claim – making a claim against another driver's car insurance policy – you would contact your insurer with details like photos, witness statements, and a description of the damages, plus the other driver's details.

When not to claim car insurance?

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.

How much will insurance go up if I claim?

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.

What are common claim mistakes?

Inaccurate or Incomplete Data Entry

Errors in patient data, coding or billing information are among the leading causes of claim denials. Whether it's a typo in the patient's information, incorrect coding or missing documentation, even small mistakes can lead to significant delays in payment.

Should I claim on my car insurance if not my fault?

Does declaring a non-fault claim affect my insurance? Yes, it will be recorded on your claims history. In many cases, your premiums will go up after you've declared a non-fault claim. ​​This is because your insurance provider will view you as a higher risk in future, even if an accident wasn't your fault.

What are the 5 W's when submitting a claim?

5 Steps You Can Take to Make the Claim Process Smoother Called the 5 W's

  • 5 steps you can take to make the claim process smoother called the 5 W's.
  • Who, What, When, Where, Why.

Do I have to pay excess if car accident is not my fault?

If there's a dispute about who is at fault (known as a 'liability dispute') the excess will need to be paid. However, you may be able to recover some or all of the excess if it's later decided that you are either not at fault or partly at fault.