Should I file a claim with my insurance if I’m not at fault?

Getting into a car accident can be a stressful and confusing experience. Even if you’re not at fault, you may find yourself questioning whether you should inform your insurance company about the incident. 

The right Edwardsville car accident lawyers can help you understand the proper steps in such situations and handle insurance communications for you, ensuring you know your rights and you receive the proper guidance throughout the process.

Contact an attorney before talking to any insurance company

Before you do anything else, talk to a car accident lawyer. Why? Because insurance companies, even your own, might not always have your best interests in mind. A lawyer can make sure you don’t say anything that could hurt your case later.

Lawyers know the tricks insurance companies sometimes use to minimize liability and settlements. They can guide you on what to say and what not to say. This way, you’re protected from the start.

File a claim with the other driver’s insurance

In Illinois, if you’re not at fault, you will likely file a claim with the other driver’s insurance company. This is because Illinois is a fault-based liability state for accidents and auto insurance. You’re asking the other driver’s insurance to pay for your damages because their driver caused the accident.

To do this, you must get the other driver’s insurance information at the accident scene. Then, your car accident lawyer can contact their insurance company to start the claim process.

Issues that can happen when filing a claim

Sometimes, there can be complications with filing a claim with the other driver’s insurance:

• The other driver might not have insurance. If the driver at fault is uninsured, you won’t be able to recover any damages from their insurance company. This leaves you in a difficult position where you have to rely on your own insurance policy, specifically uninsured motorist coverage, to cover your expenses.
• Their insurance company might say the accident was your fault. Insurance companies often try to minimize their payouts by disputing claims. They may argue that you were partially or wholly at fault for the car accident, which can delay or reduce the compensation you receive. 
• Their coverage might not be enough to pay for all your damages. Even if the other driver has insurance, their policy limits might be too low to cover the full extent of your damages, especially if there are significant medical bills, property damage, or lost wages involved. This is particularly problematic in severe accidents where the costs can quickly escalate beyond basic coverage limits.

Use your insurance

Even if you’re not at fault, there are times when using your own insurance can be helpful:

• If the other driver doesn’t have insurance
• If their insurance isn’t enough to cover your damages
• If you need repairs or medical care right away

Your insurance company can often get things done faster than waiting for the other driver’s insurance. They might pay for your damages and then try to get the money back from the other driver’s insurance. This is called subrogation. It’s always good to check with your insurance company or lawyer about your options.

FAQs: Car Accidents When You’re Not at Fault in California

How Does Car Insurance Work When You Are Not at Fault?

When you’re not at fault in a car accident in California, the other driver’s insurance should pay for your damages. This is because California is a “fault” state for auto insurance and car accidents. 

Here’s how it usually works:

• You report the accident to your insurance company.
• Your insurance company contacts the at-fault driver’s insurance.
• The at-fault driver’s insurance investigates the claim.
• If they agree their driver was at fault, their insurance pays for your damages.

This can include things like:

• Repairs to your car
• Medical bills if you were hurt
• Lost wages if you missed work because of the accident

Sometimes, your own insurance might pay you first and then get the money back from the other driver’s insurance. This is called subrogation.

Should I Get a Lawyer for a Car Accident That Wasn’t My Fault in California?

It’s always a good idea to talk to a lawyer after a car accident, especially if it wasn’t your fault. 

Here’s why:

• Insurance companies might try to pay you less than you deserve.
• You might have injuries that don’t show up right away.
• The other driver might try to blame you for part of the accident.
• There could be more than one person responsible for the accident.

A lawyer can help you understand your rights and make sure you get all the money you deserve. Many lawyers offer free first meetings, so you can get advice without spending a single penny. This allows you to evaluate your options and whether you need a lawyer. 

Do I have to pay a deductible amount if I am not at fault for an accident in California?

If you’re not at fault, you usually don’t have to pay a deductible. Here’s how it typically works:

• If the other driver’s insurance pays for your damages, you don’t pay a deductible.
• If you use your own collision coverage and then your insurance company gets repaid by the other driver’s insurance, you should get your deductible back.

However, if the other driver doesn’t have insurance or doesn’t have enough insurance, you might need to use your own uninsured/underinsured motorist coverage. In this case, you might have to pay a deductible.

Should You Call Your Insurance Company After an Accident That Wasn’t Your Fault?

Yes, you should have your attorney call your insurance company even if the accident wasn’t your fault. Here’s why:

• Your insurance policy might require you to report all accidents.
• Your insurance company can help you deal with the other driver’s insurance.
• If the other driver’s insurance denies your claim, you might need to use your own insurance.
• Your insurance company can give you advice on what to do next.

If you call yourself, stick to the facts of what happened. Don’t admit fault, even if you think you might have done something wrong. Let the insurance companies investigate and decide who was at fault. It is always better to have your lawyer handle all communications with insurers, however.

Consult Our Edwardsville Car Accident Attorneys

Walton Telken Illinois car accident lawyers are here to assist you in navigating these challenging times. With extensive experience in handling car accident cases, we can provide the legal support you need to secure fair compensation. Contact us by calling 618-272-2284 or reach out online.