What happens if I am not at fault in a car accident?

Overview: If you’re involved in a car accident and you’re not at fault, you can file your insurance claim either with your own insurance company or with the at-fault driver’s insurer. You’ll need to collect important information at the scene, such as contact details and insurance policy information. If you file with your own insurer, you will pay your deductible upfront, which could be refunded later if your company recovers costs from the other driver’s insurer. Filing directly with the other party’s insurance may help you avoid paying a deductible, but the other party’s insurance company will need to verify the details of the accident and damages with their insured before handling your claim. No matter which route you choose, documenting everything and contacting insurers promptly can help you get your car back on the road. Keep in mind the process for injury claims can differ, especially in no-fault states, where your own insurance typically covers medical expenses regardless of fault.

Gathering information after a not-at-fault accident

If you’re asking, “What happens if I am not at fault in a car accident?”, knowing the steps to take right away may help in your claim filing process. Here’s what may be important after a car accident that wasn’t your fault:

• Collect evidence — take clear photos of the accident scene, vehicle damages, any skid marks, traffic signs or signals and road conditions. Get names and contact details from the other driver and from witnesses who saw the crash.
• Get a police report — an official police report is important for not-at-fault collisions as it may help in the investigation.
• Notify insurance companies — tell both your own insurance company and the at-fault driver’s insurer about the accident as soon as you can.
• Keep detailed records — save everything related to the accident and claim, such as phone call notes, emails and letters.

These steps help protect you and provide the documentation needed if you have to dispute the details of your claim.

Options for filing a claim after a not-at-fault accident

Once you’ve gathered the evidence, you have two main avenues for how to file an insurance claim when not at fault:

Filing a claim with the at-fault driver’s insurer may cover your property damage without needing to pay your deductible, but you remain dependent on their claims process. Filing a car insurance claim with your own insurer can sometimes facilitate repairs and easier communication, though you’ll need to pay your collision coverage deductible for repairs. Later, your insurer may work to recover these costs through a process called subrogation.

Deductible and subrogation: How it works

If you choose to use your own collision coverage for the auto insurance claim process, you’ll need to pay your deductible upfront. If you are not at fault, your insurer can eventually start the subrogation process, which means they’ll try to collect the money they paid out from the at-fault driver, including your deductible.

If your insurer can recover the full repair cost amount, you will get your deductible refunded. Sometimes only part of it is recovered, so you might get only a partial refund. Keep in mind that subrogation can take several months depending on case details. There’s no guarantee it will always be successful, especially if fault is disputed or policy limits are reached.

Disclaimer: The subrogation process and your rights to deductible refunds can vary depending on the facts of the loss and the laws in your state or jurisdiction. Some states have specific regulations regarding fault determination, deductible handling and insurance claim procedures. For guidance, consult your insurance provider or a legal professional familiar with your local laws.

Tips for filing a third-party claim

If you decide to file directly with the other driver’s insurer, keep these considerations in mind:

• Notify their insurance company quickly and provide all details.
• Submit your evidence, including the police report and photos.
• Keep copies of communication, like who you talked to, what was discussed and when.
• Follow up regularly and politely.
• If their claims process is too slow or unresponsive, consider reviewing your own insurance coverage. Depending on your policy, you may be able to file a claim with your own insurer to help expedite repairs and claims handling.

Filing a third-party claim with the other driver’s insurer may be a good option when liability is clear and uncontested. If there are injuries involved, notify your carrier as you may have first-party medical benefits (PIP/MPC) that extend to occupants in your vehicle regardless of fault.

Finding the right option for you

Choosing how to file your “not at fault collision claim” depends on several factors, including how quickly you want your car repaired, whether you can pay your deductible upfront and which process you feel most comfortable with. Filing with your own insurer may sometimes lead to a more efficient claims process, but it typically requires paying your deductible at the start. Alternatively, filing directly with the at-fault insurer may help you avoid an upfront deductible payment, though their process may take longer depending on fault verification and other factors.

Ultimately, the decision is yours. Consider your personal circumstances and preferences to choose the filing option that fits your needs.

For individual advice on what to do after a car accident when it’s not your fault, talk to your local State Farm agent for guidance and to discuss your coverages. They’ll walk you through the auto insurance claim process to help ensure you understand your options.

You can get an auto insurance quote now, or give us a few details and a State Farm® agent will reach out to you.