What to do after a car accident that’s not your fault

If you’re ever in a car accident, you’ll need to take steps immediately to protect yourself financially. Whether or not a car accident is your fault, you should:

1. Call 911 if anybody involved in the accident has been injured. Even if no one has been hurt, you may also want to call the police if the cars are damaged to get a police report.
2. Exchange insurance information with the driver.
3. Take photos of your car – and if the other driver doesn’t object – their car, too. This will help with everybody’s insurance.
4. Don’t play the blame game. It’s best not to point fingers. Let the car insurance companies figure this one out.

Read on to learn everything you need to know about what to do after a car accident that isn’t your fault.

What should you do after a car accident that isn’t your fault?

Regardless of who is at fault, being in a car accident is a stressful experience. Here are some helpful tips to guide you through the situation.

1. Gather information at the scene

The driver who crashes into your car is responsible for reporting the accident to their car insurance company. However, unless your insurance agent makes it clear that they’ll be contacting the other driver’s insurance company, you may also want to contact their insurer. Motorists who cause accidents are often reluctant to report them. Gather information like:

• The other driver’s name, address and contact information
• The other driver’s insurance company name and policy information (as found on their ID card)
• Their license and registration details
• Statements and contact information from witnesses
• Photographs of the accident scene and vehicle damage
• Information about their vehicle
• The police report, if available

In addition, the National Association of Insurance Commissioners has an auto accident checklist you can print and keep in your vehicle.

Using Google Maps satellite images of intersections or accident areas may also help explain how the accident happened. And, if you have a dashcam, be sure to find and save any footage of the accident so you can share it with the insurance company. That is especially helpful if the other driver doesn’t admit responsibility to their insurer.

“Document everything,” says Ben Michael, attorney at Michael & Associates. “Take pictures and videos of every single bit of damage to your car or property from every angle. There is no such thing as too much documentation.”

2. Contact your insurance company

After a third-party accident, contact the other driver’s insurer to report that you were involved in a collision with one of their policyholders. Stick strictly to the facts of the accident. Even if you believe the other driver is at fault, avoid saying so directly. Instead, present the facts clearly to support your claim that their driver is responsible for the damages. This approach will enhance your credibility with the insurer.

Although you may not have caused the accident, you should also contact your insurance company. It establishes your good-faith accident-reporting effort and can aid you if the other party’s insurer denies responsibility for the accident or their insurance was not valid at the time of the incident and you need to file a collision claim.

Sometimes, car insurance companies may demand that you obtain their authorization before proceeding with vehicle repairs and injury treatments. At a minimum, ensure that the insurance company has accepted liability before getting repairs. Make sure to get that authorization in writing or over email.

3. Decide if you need to file a legal claim

The at-fault driver’s insurer may tell you to seek payment from your own insurer because there is no evidence of its policyholder’s fault. Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts, you may not want to fight the other person’s insurance company. 

If you file a claim with your insurer, it will likely choose to fight the other insurance company for compensation. But if you decide to fight the at-fault driver’s insurer on your own, you’ll need a lawyer — especially if you’ve been seriously injured. An attorney can help you navigate insurance laws. But keep in mind that if you hire an attorney, they will take a cut of any settlement they help you get.

Sometimes, the insurance company will take its policyholder’s position, even if it contradicts the police report.

“Make sure you are [documenting] any medical and health-related problems,” says Micheal. “This includes your mental and psychological health. If you are experiencing any kind of psychological stress following the accident, like flashbacks or anxiety, talk to a licensed mental health professional and have them officially document [it].”

4. If all else fails, file a claim with your car insurance company

If the other driver is uninsured or underinsured, you still have the option to file a claim.

If you carry collision insurance along with Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage, notify your insurer about the accident. MedPay and PIP can help cover medical expenses related to injuries, while collision coverage will cover repair costs or compensate you if your vehicle is a total loss. Keep in mind you’ll need to pay your collision deductible upfront. However, you may be reimbursed if your insurance company successfully settles with the other driver’s insurer.

What is a third-party insurance claim?

A third-party claim is when you file an insurance claim with another driver’s insurance company. In this situation, there are three parties: the other at-fault driver, the other driver’s insurance company and you. You are considered to be the third party.

In most cases, if you aren’t at fault in a car accident, the other driver’s state-mandated liability insurance coverage would pay for damage to your car, property and medical bills for injuries up to the policy’s limit. This is especially useful if your policy doesn’t have adequate coverage. In no-fault states, however, regardless of who is determined to have caused the accident, you’d file a claim with your own insurance company.

To initiate your claim, contact the other party’s insurance company using the details provided by their insured. Have information ready about the at-fault driver, their insurance coverage, and the incident itself.

How does a third-party insurance claim work?  

A third-party insurance claim, also called a liability claim or not-at-fault insurance claim, uses the at-fault driver’s liability coverage to cover damages and car accident injuries. Third-party insurance claims can be made for medical bills, vehicle repairs, a rental car, and lost wages if you miss work due to the injuries caused. All these claims depend on two factors – the state where you are and the other person’s coverage. However, the third-party insurance claims work differently in states with no-fault insurance and states without no-fault insurance.  

If you live in a state offering no-fault insurance after a car accident, you can file a claim with your insurer for medical insurance. If a state does not offer no-fault insurance, you can file a third-party insurance claim for property damage and medical costs. 

It is important to remember that the at-fault driver’s policy will only support paying for your repairs up to their coverage limits. For example, assume your car is declared a total loss by the competing insurance firm and is valued at $50,000. If the other driver’s coverage limit is $40,000, you may be required to pay $10,000 out of pocket to replace your vehicle.

Should I report an accident to my insurance if it’s not my fault?

It’s usually a good idea to report an accident to your insurance company, even if you’re not at fault. Reporting ensures coverage for repairs, access to medical benefits, legal protection, assistance with third-party claims, and compliance with policy requirements. Check your policy or contact your insurer for specific guidelines.

Reporting an accident to your own auto insurance, even when it’s not your fault, has several advantages:

1. Timely Assistance: Your insurance can help you promptly with repairs or other necessary assistance, ensuring your safety and addressing vehicle issues promptly.
2. Coverage Access: By reporting the accident, you can access your insurance coverage, including benefits for medical expenses, property damage, and other costs related to the incident.
3. Efficient Process: Filing a claim with your own insurer can streamline the claims process, making it more efficient and reducing potential delays.
4. Subrogation: Your insurance company may pursue reimbursement from the at-fault party’s insurance on your behalf, sparing you the hassle of dealing directly with the other party’s insurer.
5. Peace of Mind: Reporting the accident to your insurance provides peace of mind, knowing that you have taken the necessary steps to address the situation and protect your interests.

“Often, injuries like whiplash, soft tissue damage, or even concussions may not present immediate symptoms but can worsen in the days or weeks following the accident,” says Paul Koenigsberg, managing partner at Koenigsberg & Associates. “A detailed record of symptoms can be crucial if you need to file a personal injury claim or seek compensation for medical costs. You can do this recording yourself, but hospital records are even better as admissible pieces of evidence in court.”

Do insurance rates go up after an accident caused by a third party?

Your car insurance rates aren’t necessarily going to increase at renewal time if you make a claim under your own insurance policy for an accident that wasn’t your fault.

Most state laws prohibit insurers from surcharging policyholders or raising their car insurance premiums for accidents in which they weren’t at fault. However, those laws do not preclude your insurer from dumping your policy at renewal time if you’ve made a few recent claims of any type.

What to do if your car was hit and the at-fault driver’s insurance won’t pay

In the situation where your car was hit and the other driver’s insurance is not willing to pay, there are several steps you can take:

1. Review the details: Double-check the information you provided to the other driver’s insurance. Make sure the accident details, photos, and any evidence are accurately presented.
2. Contact your insurance: Reach out to your insurance company and inform them about the situation. They can guide you on the next steps and may provide coverage through your own policy if the other driver’s insurance doesn’t pay.
3. Appeal or negotiate: If the other driver’s insurer denied your car insurance claim even though you’re not at fault, you can appeal their decision by providing additional evidence or reasoning. You can also try negotiating with them and providing any relevant information that might change their stance.
4. Consider legal advice: If negotiation and appeals don’t work, you might want to consult a legal professional who specializes in insurance claims. They can help you understand your rights and options, and assist with any legal action if needed.
5. Uninsured Motorist Coverage: If the at-fault driver doesn’t have insurance (uninsured) or is underinsured, your own uninsured/underinsured motorist coverage may come into play. This coverage can help you in situations where the other driver’s insurance falls short.

Find legal assistance in your state

If you’ve been injured or suffered property damage in an accident that wasn’t your fault, consider consulting a professional attorney after speaking with your insurance company.

Check your state’s Bar Association website, where you can often filter searches to find personal injury or car accident attorneys specifically. These sites also allow you to narrow down options based on location, making it easier to find local expertise.