How To Handle an Accident and Your Car Insurance

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After a car accident, you should exchange contact information with the other driver and collect information about the accident scene that you will need to file a claim with your car insurance company. Your car insurance premiums will most likely increase after a claim, especially if you were responsible for the collision, but may not go up after a crash that doesn’t require you to file a claim on your own policy.

Read the rest of this article for more details on car accidents and insurance including how to handle situations where one of the drivers involved in an accident does not have auto insurance coverage.

Key Takeaways

  • Anytime you get into a car accident, you’ll generally want to document the accident scene, obtain contact and insurance information from the other driver and get in touch with your insurance company.
  • Your auto insurance premiums may rise by 25% to 50% after an at-fault accident, though your rates may not change if you aren’t responsible for the crash and don’t have to file a claim on your own insurance policy.
  • If you live in a no-fault state, you must file a claim on your own insurance after a collision regardless of who is at fault and you may have to cover most of your medical expenses out of pocket if you are uninsured.
  • Some states limit the ability of uninsured drivers to sue for damages after a car accident caused by another driver.
  • Uninsured motorist coverage can take care of your medical or property repair costs after a crash caused by a driver without insurance.

Should I Call My Insurance Carrier Right After a Car Accident?

It’s generally recommended that you contact your insurance company after a car accident regardless of whether you are at fault. While you may not be required to tell your insurer about an accident caused by another driver depending on what state you live in, you may still want to inform your insurance agent in case you are not adequately reimbursed by the at-fault driver’s insurance company.[1]

If you live in a no-fault state, then your initial claim will always be with your insurance carrier regardless of fault, although you may still be able to file a claim on the at-fault driver’s liability insurance for severe bodily injury or any property damage.[2] No-fault laws apply in Puerto Rico and the following 12 states:[3]

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

What Happens if I’m in an Accident and I Don’t Have Insurance?

If you are responsible for a crash and don’t have insurance, the other driver could sue you to cover their medical and/or repair costs. Alternatively, their insurance company could cover their expenses up front and then file a subrogation lawsuit against you later on. Remember that, even if you live in a no-fault state, you could still be sued over an accident you are responsible for that causes property damage or severe bodily injury.

Meanwhile, if you are uninsured but aren’t the at-fault driver, you may still have the right to file a claim on the at-fault driver’s insurance or sue them depending on where you live. However, drivers in no-fault states will generally have to cover most of their medical expenses out of pocket or file a health insurance claim after a car accident if they don’t have personal injury protection (PIP).

In addition, the following 11 states have active “No Pay, No Play” laws that limit the ability of uninsured drivers to recover damages after a crash that another driver is responsible for:[4]

  • Alaska
  • California
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Michigan
  • Missouri
  • New Jersey
  • North Dakota
  • Oregon

Keep in mind that car insurance is required by law in every state except for New Hampshire.[5] As a result, you could face criminal penalties like fines, license suspension and imprisonment if you are caught driving without auto insurance.

What if I’m Not At Fault and the Other Driver Doesn’t Have Insurance?

In the event that you are injured or your property is damaged in an accident caused by an uninsured driver, you may be able to sue them or file a claim on your own uninsured motorist coverage. Uninsured motorist property damage (UMPD) coverage is required for all drivers in Maryland, New Jersey, North Carolina, South Carolina, Vermont, West Virginia and Washington, D.C., while uninsured motorist bodily injury (UMBI) coverage is required for all drivers in the following regions:[6]

Connecticut

New York

Illinois

North Carolina

Kansas

North Dakota

Maine

Oregon

Maryland

South Carolina

Massachusetts

South Dakota

Minnesota

Vermont

Missouri

Washington, D.C.

Nebraska

West Virginia

New Jersey

Wisconsin

Even if you live in a state where the government doesn’t require you to purchase uninsured motorist coverage, it may still be available as an optional auto insurance add-on. Of course, you can also go through your own health insurance to receive coverage for medical bills after an accident caused by an uninsured driver.

What Information Does My Insurance Carrier Need After an Accident?

Examples of the kinds of information you should document and share with your car insurance company and its insurance adjusters after a car accident include the following:[7]

  • Names and contact information of others involved in the crash including any witnesses
  • Other driver’s insurance policy number, driver’s license number and vehicle registration
  • Makes and models of the motor vehicles involved in the crash
  • Crash scene details such as the vehicle location, time of day and weather
  • Accident details including pictures or videos of the vehicle damage

Will My Car Insurance Rates Go Up After an Accident?

An at-fault car accident will almost definitely cause your auto insurance rates to go up when your policy is up for renewal. According to Paul Schneider, president of Schneider & Associates Insurance Agencies, these rate hikes can be especially pronounced in no-fault states like Florida.

“No-fault states often see higher rates due to increased fraud and litigation,” Schneider said in a message to SmartFinancial. “The increase depends on factors like amount of damage, driver history and policy limits. Clients with minimum limits and poor records often see 50% hikes, while preferred clients may see 25% increases for a first minor accident.”

Florida is already the most expensive state for car insurance, with full coverage costing $3,067 per year on average in the Sunshine State.[8] After a single at-fault collision, an average driver in Florida could see their annual premium jump into the $3,833.75 to $4,600.50 range.

How To File a Claim After an Accident

Take these steps to file a car insurance claim after you get into an auto accident:

  1. Call 911 or drive to the nearest police station so officers can complete an accident report.
  2. Take pictures of the accident scene and exchange contact information with the other driver.
  3. Submit relevant information to your insurance provider including police reports and photo or video evidence.
  4. Analyze your coverage limits and deductibles to get an idea of how much money you may receive from your insurance company.
  5. Contact a repair shop to see how much it will cost to get your car fixed.
  6. Use your insurance payout to get your vehicle repaired so you can get back on the road as soon as possible.

how to file car insurance claim

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FAQs

Will my insurance go up after a claim that isn’t my fault?

Your rates can go up after you file any claim, even if the accident wasn’t your fault. However, your rates may not go up if you are involved in an accident but don’t file a claim on your own car accident insurance because you are fully reimbursed by the at-fault driver’s insurance company.[9]

Is there a time limit to file a car insurance claim?

Car insurance companies generally require you to begin the claims process within a reasonable amount of time after an accident but specific deadlines vary from insurer to insurer.[10]

Will an accident show on my record if I want to switch insurance carriers?

If you want to switch car insurance carriers, you should keep in mind that insurance companies will likely consider accidents from the past three to five years during the underwriting process.[11]

Sources

  1. John Foy & Associates. “What To Do After a Car Accident That’s Not Your Fault.” Accessed June 27, 2024.
  2. Nolo. “What Is a Third Party Car Insurance Claim?” Accessed June 27, 2024.
  3. Insurance Information Institute. “Background on: No-Fault Auto Insurance.” Accessed June 27, 2024.
  4. Matthiesen, Wickert & Lehrer, S.C. “No Pay, No Play Laws,” Pages 1-4. Accessed June 27, 2024.
  5. New Hampshire Insurance Department. “2022 Automobile Insurance Consumer Frequently Asked Questions,” Page 5. Accessed June 27, 2024.
  6. Allstate. “Uninsured and Underinsured Motorist Coverage.” Accessed June 27, 2024.
  7. Insurance Information Institute. “What To Do at the Scene of an Accident.” Accessed June 27, 2024.
  8. NerdWallet. “Average Cost of Car Insurance.” Accessed June 27, 2024.
  9. Riddle & Brantley Accident Injury Lawyers. “If a Wreck Is Not My Fault, Will My Car Insurance Rates Go Up?” Accessed June 27, 2024.
  10. Nolo. “How Long After an Accident Can I File an Insurance Claim?” Accessed June 27, 2024.
  11. Experian. “How Long Does an Accident Stay on Your Insurance?” Accessed June 27, 2024.

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