What happens if I have a claim against another driver’s insurance company?
Auto insurance claims against another person's car insurance are common, and there are a few things you can do to make the process smooth. Claiming against another person's insurance is called a third-party claim, and you will usually be assigned a claim adjuster for that company to evaluate your damages.
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Schimri Yoyo
Licensed Agent & Financial Advisor
Schimri Yoyo is a financial advisor with active life and health insurance licenses in seven states and over 20 years of experience. During his career, he has held roles at Foresters Financial, Strayer University, Minnesota Life, Securian Financial Services, Delaware Valley Advisors, Bridgemark Wealth Management, and Fidelity. Schimri is an educator eager to assist individuals and families in ...
Licensed Agent & Financial Advisor
UPDATED: Feb 9, 2024
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UPDATED: Feb 9, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- You can make a third-party claim on another driver’s insurance
- A third-party claim can help avoid deductible payments and other issues
- The insurance company still needs to determine who is at fault
If you don’t share any blame in a car accident, should your insurance be affected? What happens if I have a claim against another driver’s insurance company? How to file a car insurance claim in this scenario is crucial to understand. This situation typically leads to a third-party claim, where you directly contact another driver’s insurance company.
Similar to accessing some of the best car insurance discounts available, a successful third-party claim can help you save money. However, discounts like these can also take some work. We’ll go over all the important information you need to know.
Here’s What Happens When You Have a Claim Against Another Driver’s Insurance Company
Some accidents are clearly the fault of another driver, and there was nothing you could do to stop them — like getting T-boned at an intersection. In these cases, you may not want your insurance to pay out a claim, which could raise your insurance premiums and require you to pay a deductible.
Instead, you have the option to make a claim on the driver’s insurance policy, which means they would pay to cover your repairs and associated expenses.
While you should always report an accident to your own insurance company, your insurer won’t always make a third-party claim for you.
Instead, you may have to start the third-party claim process yourself by contacting the other driver’s insurance company. This process is why it’s very important to get the other driver’s insurance information after an accident.
Important Details Regarding Claims Against Another Driver’s Insurance
To make a successful third-party or liability claim, the other driver’s insurance company must determine that its driver was at fault, so liability insurance kicks in. Fortunately, if you have full coverage car insurance, your coverage should help even if the accident was your fault.
Determining fault can be complicated, and sometimes both insurance companies will work at it together (or even disagree about who is at fault).
Determining fault also determines how much the other insurance company will agree to pay for your accident. Sometimes fault can be shared between drivers, and sometimes it can be entirely the fault of one driver.
The insurance company looks at many kinds of evidence when deciding who is at fault. If you have taken pictures of the accident or have other information like a police report, it’s important to submit it when making a third-party claim so you can help support your claim that the other driver was at fault.
If the other driver’s insurance company determines that its driver was at fault after their investigations, they will send you a settlement check based on the other driver’s coverage limits and their estimate of repair costs.
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What You Need to File a Third-Party Car Insurance Claim
Be prepared to make a third-party claim by gathering the most important information immediately after a car accident. These car insurance requirements can include:
- The name and contact information of the other driver
- The other driver’s license number and registration information
- The license plate and model of the other vehicle involved in the accident
- The other driver’s insurance number and other policy information
- A statement about what happened
- Any available witness statements
- Photos of the scene
- A police report, if available
Submit this information as soon as possible, and make it clear how the other driver was at fault. The best car insurance companies can let you know what other data you should send them and what to do next.
Case Studies: Claims Against Another Driver’s Insurance
Case Study 1: Successful Third-Party Claim
Amy was involved in a car accident where the other driver was clearly at fault. Instead of filing a claim with her own insurance company, she decided to make a third-party claim against the other driver’s insurance. Amy gathered all the necessary information, including the police report, photos of the accident scene, and witness statements.
She contacted the other driver’s insurance company, provided them with the evidence, and successfully obtained a settlement for her damages.
Case Study 2: Determining Fault in a Shared Liability Accident
Mark found himself in a situation where fault was shared between him and the other driver involved in the accident. Both insurance companies conducted investigations to determine the degree of liability for each party. Mark provided his insurance company with all the relevant information, including photos and a detailed account of the accident.
After evaluating the evidence, the insurance companies agreed on a percentage of fault for each driver, and Mark’s claim against the other driver’s insurance was settled accordingly.
Case Study 3: Making a Claim in a No-Fault State
Sarah resided in a no-fault state where her own insurance would typically cover her expenses regardless of fault. However, in this particular accident, the other driver was clearly responsible. Sarah decided to make a third-party claim against the other driver’s insurance for the damages to her vehicle.
She contacted the insurance company, provided the necessary information, and worked with them to ensure her claim was processed appropriately.
Final Notes About What Happens if You Have a Car Insurance Claim Against Another Driver
Always contact your own insurance company, and ask how you can make a third-party insurance claim. If you need to make the claim yourself, visit the other insurance company’s website and look for information on how to file a claim.
You may be able to file online, or they can provide a phone number to call so you can start the process.
If possible, get contact information so you can contact the company again for updates or to provide additional information. If you would like to get better insurance after an incident, you may want to consider one of the best car insurance companies for drivers with accidents.
Read more: What happens if the other driver doesn’t have insurance?
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Frequently Asked Questions
What if I get into an accident with a driver who doesn’t have insurance?
While insurance is required by law, not everyone has it. If the other driver isn’t insured, you will need to make a claim through your insurance and make sure to state that the other driver did not provide insurance information.
Do insurance companies share information?
They can, especially when they are trying to determine fault. If insurance companies disagree with each other, this can result in arbitration and may take extra time.
What if I live in a no-fault state?
Some states are no-fault states, which can limit what the other driver’s insurance will cover, especially when it comes to physical injuries. In these cases, you can still make a third-party claim for vehicle damage.
Are you looking for free insurance quotes?
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Schimri Yoyo
Licensed Agent & Financial Advisor
Schimri Yoyo is a financial advisor with active life and health insurance licenses in seven states and over 20 years of experience. During his career, he has held roles at Foresters Financial, Strayer University, Minnesota Life, Securian Financial Services, Delaware Valley Advisors, Bridgemark Wealth Management, and Fidelity. Schimri is an educator eager to assist individuals and families in ...
Licensed Agent & Financial Advisor
Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.