Skip to the content

Should I File A Claim On My Auto Insurance If I’m Not-At-Fault?

Car Accident


Deciding whether to file a claim on your auto insurance or against the at-fault driver’s insurance can be a complex decision, and there are several factors to consider. Here’s a general guideline to help you make the right choice:

  1. At-Fault Determination:
    • If the other driver is clearly at fault, and their insurance company accepts liability, it may be more efficient to file a claim with their insurance. This can save you from paying your deductible and prevent an at-fault accident from affecting your insurance premiums.
  2. Severity of Injuries:
    • If you or your passengers have sustained injuries in the accident requiring medical attention, it’s recommended to file a claim with your own insurance. A NYS Auto Insurance Policy includes Personal Injury Protection which covers your medical payments and loss wages if you are in an accident, regardless of who’s at-fault.
  3. Uninsured or Underinsured Motorist Coverage:
    • If the at-fault driver is uninsured or underinsured and you have this type of coverage, you may need to file a claim with your own insurance to cover your damages.
  4. Rental Car Coverage:
    • Check if your policy includes rental car coverage. If it does, you might prefer to file a claim with your insurance to ensure you receive a rental car while your vehicle is being repaired.

In most cases, if the at-fault party’s insurance company is willing to accept liability and cover your damages, it may be the simpler and more cost-effective option. However, your specific circumstances and insurance policy terms can greatly influence your decision, so it’s essential to carefully assess your situation or consult with your insurance agent for guidance.

If you would like us to review your Auto, Home or Business Insurance and provide you with a no-obligation quote, give us a call 585-663-2004.