Should I File a Claim With My Auto Insurance or Theirs?
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- Should I File a Claim With My Auto Insurance or Theirs?
No matter how cautious you are as a driver, you aren’t the only person you have to keep an eye on while you’re behind the wheel. As safe a driver as you are, you can still be involved in an accident that’s not your fault but sends you spiraling into the car insurance claim process anyway.
If you’ve just been in an accident and are looking for an answer to the question on when you file a claim with your insurance or theirs, you’ve come to the right place.
Should I File a Claim With My Auto Insurance or Theirs?
If you’re in an accident and wondering do i file a claim with the other person’s insurance, there are three scenarios in which it typically makes sense to file an insurance claim against the other driver’s coverage. These scenarios are when you’re not at fault and don’t have collision coverage, when you’re not at fault and don’t want to start the claim with your provider, or when you don’t want to pay your deductible.
According to the most recent National Safety Counsel estimates, there are 12,800,000 accidents in the country per year. From that estimate, we can deduce there are about 35,000 accidents per day. You’ll want to know what to do in case you become one of those 35,000.
Even when the accident isn’t your fault, initiating the car insurance claims process with your own insurance provider can still result in having your insurance premiums raised. For this reason, drivers may not want to default to filing a claim with their own providers if they can help it.
How to Report a Claim to Someone Else’s Insurance When You Weren’t At Fault
When you’ve been involved in an accident that’s not your fault, and you’re left unsure of how to file a claim against another driver’s insurance, you’ll want to be particularly diligent in documenting the accident in case you need that information as evidence for either your insurance provider or the other party’s insurance.
After an accident where you’re not at fault, once you and any passengers in your vehicle are in a safe location, you’ll want to follow these steps before initiating the car insurance claims process:
- Call the police: Only an official police report can determine who the at-fault party is in a car accident, so you’ll need to call the police before you attempt to file a claim with the insurance provider.
- Document the scene of the accident: Take as many pictures and videos of the accident site as possible. This information can help your insurance provider establish a case against the other driver if necessary. Don’t forget to take pictures of any injuries you might have sustained during the collision.
- Mind your statements: What you say to the police, the other driver, and the insurance companies can all be used to help establish liability. Be careful who you talk to about the accident and what you say. When in doubt, defer to your insurance provider.
- Call your insurance company: Even if you don’t plan on filing a claim with your insurance company, you still need to alert them that the accident has occurred.
Can I File a Claim on Someone Else’s Insurance?
Yes, filing a claim against someone else’s insurance is something you can do after an accident, especially if you weren’t at fault. However, it’s generally advised that you should not have direct communication with the other side’s insurance company, even if you’re filing a claim against them. Instead, your insurer will contact their insurer.
The good news is that you aren’t legally required to speak to the other side’s insurance company, particularly when they’ve been found at fault for the accident. If their insurance company does attempt to make contact with you, you can always refer them to your insurance provider or your legal representation if you have one.
The only time you may want to communicate with the other side’s insurance provider directly is when they clearly have misinformation about the accident, including who was at fault or who was involved.
Just remember, their end goal will always be to pay as little as possible toward the accident, so don’t speak to the extent of damage to your vehicle without getting a proper estimate first. You also don’t want to identify if you’ve sustained injuries without seeing a doctor first.
How Does an Insurance Claim Affect You When the Other Person Files It?
While you may know how to file a claim with someone else’s car insurance and how that claim will affect you, you’ll also want to know how a claim will affect you if the other person files it against you. In a situation where another driver files a claim against you, their insurer will contact your insurer to begin the claims process.
Your insurer will then investigate the cause of the claim. If your insurer finds you not at fault for the accident, the other driver’s insurer will be responsible for any damages. However, if you’re found at fault, the other driver’s insurer will file a claim against you, and your insurer will be responsible for damages.
If you’re found at fault in an accident, your insurance premiums are likely to rise higher and for longer than if you’re found not at fault.
How to File an Insurance Claim Against the Other Driver
We’ve all been there, wondering if you call your insurance if someone hits you. Well, if you’ve decided to file a claim against the other driver’s insurance policy, you can call their insurance provider directly to initiate a third-party claims process.
As long as the other driver is at fault, you’ll be filing a claim against their liability coverage. Unlike filing a claim with your own insurance provider, filing the claim directly through the other party’s insurance can take longer to process as the insurance company may want to investigate the claim prior to making any type of payment to you.
Should I File a Claim With the Other Person’s Insurance?
It can be confusing whose insurance you call after an accident. If you’ve been involved in an accident with another person, you should always call your insurance provider, even if the accident wasn’t your fault. You are legally obligated to report an accident to your insurance provider within a reasonable amount of time, even if the other driver is at fault.
The most important auto insurance claims advice is to make this call as quickly as possible. Not only are you obligated to inform your insurance company of the accident, but they may be able to help defend you in the claims against the other side.
How to Exchange Insurance Information
If you’ve been involved in a car accident with someone, you always want to exchange information, regardless of who is at fault. Be sure to collect these six important details about the other driver:
- Name
- Phone number
- License plate number
- Driver’s license number
- Auto insurance provider
- Auto insurance policy number
While you always want to exchange information in the event of an accident, if someone hits your car, do you call their insurance is up to you.
Can I File a Claim With My Insurance and Theirs for Damage to My Car?
No, you can’t file a claim with both your insurer and the other person’s after an accident. You have to select one insurer when filing a claim because filing a claim with your insurer will invoke a different coverage on your policy than filing a claim with another driver’s insurer.
Even if you’re not at fault for an accident, or you aren’t ready to start the car insurance claims process, you should always call your insurance provider after an auto accident with another driver as quickly as possible. They can help you figure out how to file an auto insurance claim against someone and help you decide if that’s something you want to do.
Deciding when to file an insurance claim with your own provider or with the other side’s insurance can be tricky, but you should always inform your own provider after an accident and provide them with the necessary details and documentation.
Your insurance provider may even be able to help you make the best decision about how to get your vehicle repaired or your medical bills paid.

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The editorial content on Clovered’s website is meant to be informational material and should not be considered legal advice.
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