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Should I File a Claim with My Insurance or the Other Driver’

 After a car accident, a common question is: "Should I file a claim with my own insurance or the other driver's?" The answer depends on several factors, including fault, coverage types, and how quickly you need repairs. Making the wrong choice can delay your claim or cost you money. Here's how to determine which policy to use after a crash: 

 

1. Opting for Your Own Insurance

Utilizing your own insurance is often the quickest and most secure choice, particularly when:

  • The other driver contests liability.
     
  • The other driver's insurance company is unresponsive or slow to act.
     
  • You possess collision coverage, which covers repair costs regardless of fault.
     
  • You have medical payments coverage (MedPay) or personal injury protection (PIP) to handle medical expenses.
     

The advantage is that your insurer advocates on your behalf and may later recover costs from the at-fault party through subrogation.


2. Filing a Claim with the Other Driver’s Insurance

If the other driver is clearly at fault, their insurance should cover:

  • Vehicle repairs.
     
  • Medical expenses.
     
  • Other damages, such as lost wages.
     

However, be cautious: the other driver's insurer may delay, reduce, or deny claims to protect their interests.


3. Using Both Insurers

In many situations, both insurers are involved at different stages:

  • Your insurance addresses immediate needs (repairs, medical bills, rental car).
     
  • The other driver's insurer reimburses later if they are determined to be at fault.
     

This approach ensures you aren't left waiting while companies dispute responsibility.


4. Risks of Going Directly to the Other Driver’s Insurer

Some believe bypassing their own insurance avoids premium increases. However:

  • Delaying filing with your insurer could breach policy requirements.
     
  • If the other driver's insurer denies liability, you might be left without coverage.
     

It's generally safer to file with your own insurer first, allowing them to pursue the other party.


5. Final Advice: Prioritize Your Protection

Your insurer is contractually obligated to assist you. The other driver's insurer is not. Initiating the process with your insurance provides protection, options, and documentation while other matters are resolved.


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