Does it matter who is at fault in an accident?

The first thing you should do after a car accident that is not your fault is to make sure everyone inside your car is safe and uninjured. Next, call the police, take pictures of the scene, and exchange insurance information with the at-fault driver so you can file a claim with their insurer. You should also report the accident to your insurance company in case you need to file a … read full answercollision, personal injury protection, or MedPay claim with your own policy.

What to Do After a Car Accident That’s Not Your Fault

1. Move your car away from oncoming traffic and address any injuries. If your car is driveable you should try to move your car out of harm’s way to avoid further accidents or injuries.
2. Call the police and file a report. This will help you further along the way when filing an insurance claim since a police report will most likely determine fault.
3. Get the other driver’s insurance information. Take a photo of their insurance card so that you can get in touch with their insurer if you need to file a liability claim.
4. Take pictures of the scene and damage to the cars. Insurers require evidence before they can settle a claim. Having pictures from the incident will help speed up the claim process.
5. Report the accident to your insurance company. Even if you don’t file a claim with your own insurance, you should still report the accident to your insurer since they might need to update information related to your vehicle.
6. Document any accident-related expenses. An accident can incur a bunch of hidden costs. Make sure you keep track of all expenses related to the accident so that you can be reimbursed.
7. File a property damage and/or bodily injury claim with the other driver’s insurance company. Having gathered all the pertinent information, contact the at-fault driver’s insurer and file a claim. Make sure you have all the information and documents mentioned above so that the process goes as smoothly as possible.

Filing an Insurance Claim When You’re Not at Fault

If an accident is not your fault, you can file a claim with the at-fault driver’s liability insurance. This will cover the cost of vehicle repairs and medical bills up to the limits of the driver’s policy.

Because it can take a long time for an insurance adjuster to officially determine fault, however, you can initially file a collision or personal injury claim with your own insurer to cover vehicle repairs and medical expenses, regardless of fault. Once fault is determined, your insurance company will recover the expenses from the at-fault driver’s insurer, and your deductible will be refunded.

Keep in mind that in no-fault states, most medical expenses are paid for by your own insurance policy, regardless of who is at fault. And if the driver is uninsured or doesn’t have enough insurance to cover your costs, you can file a claim with your uninsured/underinsured motorist coverage, if you have it.

If someone hit your parked car, you should file a police report because it will make the claims process easier and might come in handy if there is more damage than you initially think. If the person who hit your car left a note, their insurance company should pay for your expenses with … read full answerproperty damage liability insurance. But if the incident was a hit-and-run, you or your insurance company will end up footing the bill.

What to Do After Someone Hits Your Parked Car

1. Contact the police to file an accident report.

An officer might be dispatched to the scene to investigate and write a report, or you might be asked to provide details to your local district in person or online.

2. Document the accident at the scene.

Take photos of the note left by the other driver, if there was one. Photograph any damage to your car and the overall scene, including a view of the roadway, the position of your vehicle, and any wreckage or skid marks.

If possible, get information from witnesses, including names, contact details, and a brief statement. Note the date, time, location, weather conditions, and any other relevant details, too.

3. Begin the claims process with your insurance company.

Your insurance company will guide you through the claims process and contact the other driver’s insurance provider on your behalf, if the person who hit your car left a note. If someone hit your car and didn’t leave a note, you’ll have to file a claim using your own collision coverage or uninsured motorist protection, assuming you carry these coverage types.

Insurance To Use If Someone Hits Your Parked Car

If your car is hit while parked, you can use your collision insurance or uninsured/underinsured motorist coverage to pay for the damage. Both types of coverage typically have a deductible, though, which means you’ll probably pay something out of pocket to get your car fixed. You’ll also be subject to your policy limits, so you’ll be responsible for any cost that exceeds your coverage terms.

Finally, it’s important to note that uninsured motorist property damage coverage is not available in some states. And in other states where it is available, you might be unable to use it if the at-fault driver is unidentified.

Insurance companies determine fault by sending an adjuster to investigate an accident once a claim has been filed. The adjuster will consider several factors in order to determine fault, including driver and witness statements, the location of vehicle damage, and any citations issued after the wreck. The adjuster’s final assessment of fault will be based on the legal definition of … read full answernegligence, which is when a driver fails to exercise the same amount of caution that a “reasonable person” would under the same circumstances.

Factors that Insurance Adjusters Consider When Determining Fault

• Driver and witness statements
• The location of vehicle damage
• Citations issued after the accident
• Dash cam footage
• The position of the vehicles

Accidents Involving Multiple Drivers

In accidents involving multiple drivers and claims, each insurer will assign an adjuster to investigate. If multiple drivers are insured by the same company, then the insurer will assign a separate adjuster to each party in order to avoid a conflict of interest.

For particularly severe multi-vehicle accidents, the process of determining fault can last much longer than it would for a simple fender bender. This is especially true if one driver disputes an adjuster’s findings, which can prolong the investigation even more. It’s also possible the adjuster may determine that multiple drivers share fault for an accident. In that case, the allocation of damages would depend on the state’s negligence laws.

To learn more, check out WalletHub’s guide to at-fault accidents.