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After an Accident · 2 min read

Car Accident Not Your Fault? What to Do to Protect Your Claim

Last updated Written by Accident Claim Check Editorial TeamAttorney review: pending

Being hit by someone else is frustrating enough. Then come the questions: who pays, what do I say, and how do I make sure I'm not blamed? This guide covers the steps that protect a not-at-fault driver.

This is general information, not legal advice. Rules vary by state.

At the scene

  1. Check for injuries and call 911 if anyone is hurt.
  2. Call the police and ask for a report number.
  3. Photograph everything: vehicles, positions, damage, road signs, traffic lights, weather.
  4. Exchange details with the other driver: name, insurer, policy number, plate.
  5. Get witness names and contacts before they leave.
  6. Don't apologize or guess about what happened. Stick to facts.

The full list is in our car accident checklist.

After you leave the scene

See a doctor within a day or two, even if you feel fine. Many injuries appear later, and early records link them to the crash. Read delayed pain after a car accident.

Report the crash to your own insurer promptly; policies have notice requirements.

Who pays when it isn't your fault?

In at-fault states, the other driver's liability insurance should pay for your losses, up to its limits. That can include:

  • Vehicle repair or replacement and a rental car
  • Medical bills
  • Lost wages
  • Pain and suffering

You can also use your own coverage first, such as collision or MedPay, to get things moving. Your insurer may then recover the money from the other insurer.

In no-fault states, your own PIP coverage pays medical bills and some lost income first. You may claim against the at-fault driver if your injuries pass the state threshold. Read what is a no-fault state.

Dealing with the other driver's insurer

The other insurer's adjuster works for their policyholder, not for you. Be polite and factual, and:

  • Give basic details, but consider declining a recorded statement until you've had advice
  • Don't speculate about your injuries before seeing a doctor
  • Don't sign medical authorizations that give access to your full history
  • Don't accept a quick offer before you know the extent of your injuries

Read should I talk to the other driver's insurance and should I accept the first settlement offer.

If the other driver had no insurance

Your own uninsured motorist (UM) coverage may pay, if you have it. Read hit by an uninsured driver.

When to get help

If you were injured, the insurer disputes fault, or the offer doesn't cover your losses, an attorney's review can help. Start a free case review. Accident Claim Check is not a law firm; if your case may qualify, we connect you with an independent attorney in your state.

FAQ

Questionsabout this topic.

01

Who pays for my car if the accident wasn't my fault?

Usually the at-fault driver's property damage liability coverage. You can also use your own collision coverage, and your insurer may seek repayment from the other insurer.

02

Will my insurance rates go up if I wasn't at fault?

Rules vary by state and insurer. Many states limit rate increases for not-at-fault accidents.

03

Do I have to talk to the other driver's insurance company?

You'll usually need to give basic information, but you don't have to give a recorded statement right away. Getting advice first is often wise.

04

What if the other driver says it was my fault?

Fault disputes are common. Police reports, photos, video and witnesses help. An attorney can help if the insurer disputes fault.

05

Can I get compensation for pain and suffering if it wasn't my fault?

Often, in at-fault states. In no-fault states, you may need to meet an injury threshold before claiming pain and suffering.

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