Should I File an Insurance Claim If I’m Not at Fault?

Another driver hits you. Their mistake, their insurance problem.

That’s how it should work, but it doesn’t always go that way. The at-fault driver’s insurer may take weeks to respond, dispute who was responsible, or offer only a fraction of what your repairs actually cost.

This scenario can lead you to ask: Should I file a claim with my insurance if I’m not at fault?

You’ve paid premiums for years. Can you actually use your coverage when someone else caused the collision?

The answer is yes. In many cases, filing with your insurer can be a smarter and faster way to protect yourself. Our experienced California car accident lawyers will explain.

For a free consultation, please don’t hesitate to call (408) 848-2208 or fill out our online form today.

Why Using Your Own Insurance Can Help You

Your insurance policy can still protect you even if another driver caused the crash. California law holds the at-fault driver’s insurer responsible for covering your losses, but that process can move slowly. While their company investigates, you may face car repairs, medical appointments, and time away from work.

Filing a claim with your insurer can close those gaps.

Depending on your coverage, it can:

• Get your car repaired sooner. Collision coverage pays for vehicle damage. You may need to pay your deductible first, but that amount can be reimbursed once the other driver’s responsibility is confirmed.
• Cover injuries or medical bills. Medical payments or uninsured motorist coverage can help pay expenses while your claim is pending.
• Step in when the other driver’s insurance is lacking. Uninsured and underinsured motorist coverage applies if the other driver has no policy or too little coverage for your costs.
• Provide faster communication and payout. Your insurer already knows your information and can act more quickly than a company you’ve never worked with.
• Preserve your right to full recovery. Filing through your policy now doesn’t prevent you from pursuing a legal claim against the at-fault driver later.

Your insurer has a legal duty to handle your claim in good faith. They must explain your coverage, process your claim promptly, and keep you informed. Filing with them provides a safety net while the other company investigates.

If you’re injured and recovering, medical expenses and missed work can add stress to an already difficult time. Filing through your own policy helps keep those costs covered while the other driver’s insurer completes its review.

Many drivers ask: Do I file a claim if I’m not at fault?

You should. Your coverage exists to protect you, and using it can make the process faster and less stressful.

When the Other Driver’s Insurance Takes Over

Once the at-fault driver’s insurer accepts responsibility, they become the primary source of payment for your losses.

In California, that typically includes:

• Vehicle repair or replacement;
• Medical expenses tied to the crash;
• Lost income from missed work; and
• Pain, emotional distress, and related damages.

An adjuster from their company will look at reports, estimates, and photos. When approved, they’ll pay the repair shop directly or reimburse you for completed work. They may also cover a rental car while your vehicle is in the shop.

These approvals can take time. That is why many people file with their own insurer first and let the two companies handle reimbursement later. If the other insurer accepts fault quickly, you can avoid paying a deductible or waiting for a refund.

Delays are common. When the other driver’s insurer takes too long to respond, your insurance company can manage updates and payments while the details get sorted out. They’ll coordinate communication, exchange documents, and arrange payment agreements so you don’t have to. This prevents your claim from getting stuck between two companies disputing fault.

During this time, make sure you track your medical bills, repair receipts, and other expenses. Detailed records help your attorney show what the crash has cost you and push the reimbursement process forward.

In cases involving injuries, these payments matter even more. Medical costs can build up long before a settlement, and lost wages can strain your finances. Filing first with your insurer keeps support in place until the other company completes its review.

Your attorney can intervene whenever an insurer drags its feet or offers less than what’s fair. They’ll ensure your claim is handled properly and you receive the coverage you’re entitled to.

Common Questions About Filing a Claim

Insurance rules can feel unclear, especially when you’re already dealing with injuries, repairs, and time away from work. These are some of the questions that come up most often for California drivers who weren’t at fault.

Do I File a Claim with My Insurance or Theirs?

In California, you can do both. If the other driver’s insurer accepts fault immediately, they should cover your repairs, medical costs, and other expenses. If they delay or dispute responsibility, your insurer can step in and cover you first. The companies then sort out reimbursement between themselves.

Will My Insurance Pay If It Was My Fault?

Yes. That’s what liability and collision coverage are for. Your policy can cover repairs to your vehicle if you are at fault for the crash. When you weren’t at fault, your insurer can recover those costs from the other driver’s company and refund your deductible.

Will My Rates Increase for a Not-at-Fault Collision Claim?

If you need to file a collision claim, your rates should not rise because of it. California law prevents insurers from penalizing drivers for accidents they did not cause. When your insurer reviews your policy at renewal, it cannot legally count a verified not-at-fault claim against you.

Get Help with Your California Car Accident Claim

If another driver injured you in a California crash, filing an insurance claim through your policy helps you secure the coverage and payment you’re owed. It ensures your repairs, medical care, and other costs don’t wait on another driver’s insurer.

At Gonzalez & Jones, APC, we’ve spent over 40 years helping Californians deal with insurance companies and car accident claim disputes. As a family-run firm, we give every case the same attention we’d want for our own.

If you find yourself asking, Should I file an insurance claim if I’m not at fault? Our team can review your situation, explain your options, and handle the insurers. Contact our firm online or call (408) 848-2208 today for a free consultation.

About the Author

Learn More About Zoi

Zoi is a Personal Injury Attorney, Partner of her family-owned law practice, Gonzalez & Jones, APC, and Consumer Attorneys of California Member. She is best known as a relentless advocate for her clients. Blending her years of experience, diligent preparation and dedication, and a hands-on, people-first approach, Zoi empowers injured and overwhelmed people to navigate their medical treatment, obtain an optimal settlement, and peacefully move on with their lives after an accident.