How to File an Insurance Claim Against Another Driver

1. Collect evidence that the other driver was at fault

As soon as possible after an accident, get yourself—and your vehicle, if possible—to a safe place. Then, if you’re able, begin collecting evidence about what happened.

• Take photos of the scene of the accident, including where the vehicles were located, any damage to the cars, skid marks on the road, weather conditions, and traffic signs.
• If the police arrive, write down the officer’s name and badge number so you can follow up and get a copy of the accident report.
• Get the other driver’s information, including their name, phone number, driver’s license number, license plate number, and insurance policy number.
• Write down the contact information of any eyewitnesses.
• Stay safe: Don’t go into the road to take pictures of the accident scene!

2. Notify your own insurance company that you were in an accident

Even if you don’t intend to file a first-party claim with your own insurance company, you should still notify them about the accident right away. Your insurance company may be willing to help you with the claims process to collect from the other driver’s insurance company.

Additionally, if the other insurance company doesn’t offer enough to cover your damages and you need to file a claim under your own collision coverage, you may only have a certain amount of time to let your insurer know about the accident.

NEED TO KNOW

Whether you file a claim with your insurance company or they assist you with a third-party claim, one of the conditions of your insurance agreement is that you must fully cooperate with your insurance adjuster—so be sure to work with them!

3. Gather medical bills and certified estimates of the damage

When you file your third-party claim against the other driver’s insurance company, they’ll expect a clear picture of what you’re asking them to pay. Keep track of all of your medical expenses, including lost wages if you have to miss work due to your injuries. Also, get repair estimates from 2–3 certified repair shops.

4. Contact the other driver’s insurance if necessary

Gather all of the information you collected about the accident, then look online for the insurance company’s customer service or claims handling phone number.

When you reach a representative, let them know that you need to file a third-party claim because you were in an accident with one of their drivers.

5. Be prepared to wait

If the auto accident was clearly the other driver’s fault, their insurance company may be eager to settle with you. That means they’ll make an offer, and if you accept, the case will be closed and you likely will not be able to seek further damages from the other driver.

If fault is less clear, the other driver’s insurance company will probably request an investigation to try to prove that their policyholder was not responsible for the accident. This can take time, so don’t count on a speedy payout.

6. Sue the other driver as a last resort

If you can’t collect from either their insurance or your insurance, you may be able to take the other driver to court. If the damages are less than about $3,000 (the exact amount varies by state), you can sue them in small claims court, which may be faster than going through a traditional lawsuit.

Just keep in mind that if the other driver doesn’t have many assets, you may not be able to collect, even if they’re found responsible for the damages.

What will another driver’s insurance cover?

Insurance companies may vary on how they handle third-party insurance claims, but here are some of the expenses they may reimburse you for:

Property damage

Property damage liability is a standard coverage included in almost all car insurance policies. With this coverage, if another driver causes an accident, their insurance will pay to repair or replace your vehicle, up to the driver’s policy limits.

Medical bills

In many states, bodily injury liability is also a standard insurance coverage. In those states, an at-fault driver’s insurance will pay for medical bills resulting from an accident, including doctor and hospital fees, pain and suffering, and lost wages if you miss work for your injuries.

The state liability limits for bodily injury are set on a per person and per accident basis. This means that while the insurance company will pay up to a set amount for all of the injuries caused in a single accident, each individual involved in the accident will only be eligible to collect a certain amount under a bodily injury liability claim.

Rental car

In some cases, the other driver’s insurance company will pay to arrange alternate transportation for you while your vehicle is in the shop for accident-related claims. However, this may vary by the provider, so you may need to double-check when you file your claim.

If the other company does not reimburse you for a rental car but you’ve purchased rental reimbursement coverage, your own insurance will cover your rental.

In some cases, it may be better to file under your own insurance

You may want to avoid filing a claim with your own insurance company because you don’t want your insurance rates to go up, but a not-at-fault accident claim won’t always increase your rates—and there are situations where going with your own insurance company can get you a better payout.

• If you live in a no-fault state: As we mentioned, no-fault states require you to file bodily injury claims under your own no-fault insurance—typically known as personal injury protection (PIP). You can still file a property damage claim with the other driver’s insurance.
• If you have your own medical coverage: PIP and medical payments coverage (MedPay) are available in some at-fault states. If you have this type of insurance, it may be faster and simpler to have your medical expenses covered if you go through your own insurer.
• If the other driver is underinsured: If the driver’s coverage limits are too low to cover all of your damages, you may be able to file a bodily injury claim if you have uninsured/underinsured motorist coverage (UM/UIM) or a property damage claim if you have collision coverage.
• If you want the process to be faster: Navigating the other driver’s insurance can sometimes be time-consuming, but filing a property damage claim under your own collision insurance will likely be faster. You will need to pay a deductible, but that may be reimbursed later by the other insurance company.

Even if your rates do go up after an accident-related claim, you may be able to help bring them back down by shopping around for a new car insurance company. Some insurers are more forgiving of accidents—especially if you weren’t at fault.

Jerry compares quotes from large and small insurance companies across the nation, so you can feel confident we’ll help you find the lowest price based on your driving profile.

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