Do I Call My Insurance if a Car Accident Is Not My Fault?

Accidents often happen in moments of routine. A simple drive can end with damage, disruption, and questions you never expected to ask. One of the first concerns many people express after a collision is whether they need to notify their own insurance company if they did not cause the accident. This question is common, but the answer is not always straightforward.

Reporting the accident can feel unnecessary, especially when the other driver clearly caused the crash. Many drivers hesitate to contact their insurer, fearing their rates might increase or their claim could backfire. 

Others worry that too much involvement will slow things down or invite conflict. However, the steps you take in the hours and days after a crash may affect how your property is repaired, medical bills are paid, and future legal rights are preserved.

This guide by Maggiano, DiGirolamo & Lizzi, PC, explains when and why you may need to call your insurance if a car accident is not your fault. It also covers key distinctions between reporting and filing a claim, how third-party insurance works, what happens when the at-fault driver denies responsibility, and when legal support may be appropriate.

Why Insurance Notification Matters Even If You Are Not at Fault

Many insurance policies require prompt notice of any incident involving potential claims, regardless of who is at fault. This applies even when the policyholder is not responsible for the accident. While each insurance agreement is unique, most contain a “notice of claim” clause or similar provision. Failing to comply with this requirement may allow the insurer to deny coverage later, even if the claim involves another party’s negligence.

Notifying your insurer is not the same as asking them to pay for your damages. Instead, it creates a record of the incident and preserves your policy rights. Your carrier may provide guidance, assist in recovering losses through subrogation, or offer benefits you did not anticipate needing, such as rental coverage or medical payment assistance.

Insurers also use this early information to assess their own potential exposure. For example, if the other driver later blames you or claims injuries, your insurance provider will be prepared to respond. Early notification supports this process and may protect you from future liability disputes.

Reporting vs. Filing a Claim: Key Distinctions

What Happens When You Only Notify Your Insurer

You are not necessarily initiating a claim when you call your insurance company to report an accident. Reporting means disclosing the incident and providing key details for their internal records. This can include:

• Date and time of the accident
• Location of the incident
• Information about all vehicles and individuals involved
• Any known injuries or visible damage

The insurer may open a file, assign a reference number, and monitor the situation. However, no financial assistance or formal investigation typically begins unless you choose to file a claim under your policy.

This distinction matters. Reporting the incident meets your contractual obligations. It also helps your insurer support you if problems arise with the other driver’s insurance or if the at-fault party’s liability becomes contested.

When Does Filing a Claim Become Necessary?

You may choose—or be forced—to file a claim with your own insurance even when you are not responsible for the accident. This often occurs in one of the following scenarios:

• The other driver has no insurance or insufficient coverage.
• The other insurer delays its investigation or denies fault.
• Your vehicle requires immediate repairs, and you cannot wait for third-party reimbursement.
• You or your passengers need immediate medical attention, which your policy covers.

In these cases, you might access your own collision coverage, medical payments coverage (MedPay), or uninsured motorist protection. These coverages vary by state and policy but are standard auto insurance features in many jurisdictions.

Filing under your own policy may also trigger a subrogation process, where your insurer seeks reimbursement from the at-fault driver’s insurance company. In some states, insurers must legally refund your deductible if they recover funds through subrogation. This process allows you to begin repairs or receive care without waiting for another insurer to accept liability.

Filing a Claim with the At-Fault Driver’s Insurance

Steps in a Third-Party Insurance Claim

When another driver causes a collision, you may file a third-party claim against their liability insurance. This process involves:

• Identifying the other driver’s insurance carrier.
• Contacting the claims department and initiating a file.
• Providing a copy of the police report, photos of the accident, and repair estimates.
• Submitting medical bills or records if there were injuries.

Although you are not the policyholder in a third-party claim, you are considered the claimant. The insurer must evaluate your claim based on the evidence and legal liability under their insured’s policy.

Most insurers will assign an adjuster to review the facts, interview witnesses, and assess damages. However, that adjuster does not represent your interests. The at-fault party’s insurer employs them and may attempt to minimize the payout or shift partial blame to reduce their financial exposure.

Potential Roadblocks to Expect

Many third-party claims proceed without significant complications. However, some are delayed or denied for a variety of reasons, including:

• Disputes over liability, particularly when there are no independent witnesses.
• Allegations of shared fault that reduce your potential recovery.
• Allegations of preexisting damage or unrelated injuries.
• Delays in obtaining accident reports or verifying policy coverage.

These issues can be frustrating, especially when dealing with injuries, missed work, or costly vehicle repairs. In such situations, having a legal advocate may be necessary to pressure the insurer or prepare for further action.

Sometimes, the other driver’s insurer may attempt to record a statement or pressure you into accepting a quick settlement. Before agreeing to any resolution or recorded interview, consider whether the information may be used against you later in litigation or arbitration.

Will Your Premium Go Up After a No-Fault Accident?

Insurance companies evaluate accident involvement differently depending on state regulations and internal risk assessment models. In New York and New Jersey, insurers are not allowed to impose rate increases solely because a driver was involved in an accident they did not cause.

New Jersey

Under New Jersey Administrative Code § 11:3-34.4, insurers cannot increase premiums for a not-at-fault accident unless the driver contributed to the cause. Insurers must also consider police reports and factual evidence when assessing fault.

New York

New York Insurance Law § 2335 prohibits insurers from raising premiums or surcharging a policyholder for a not-at-fault accident. Insurers must determine that the driver was primarily at fault before taking any adverse rating action.

However, some insurers may still consider the total number of incidents on your record when calculating renewal offers. Even if no fault is assigned, a pattern of frequent claims can affect how an insurer evaluates risk.

If you believe your premiums increased improperly after a no-fault accident, you may file a complaint with:

• The New Jersey Department of Banking and Insurance (DOBI)
• The New York State Department of Financial Services (DFS)

Both agencies offer complaint portals for consumers to challenge wrongful surcharges or denials of benefits.

Timelines and Legal Considerations After a No-Fault Accident

Timely action after an accident can affect insurance rights and potential legal claims. Even when the fault seems clear, delays in reporting, documenting, or responding to insurer requests can complicate the process.

Most insurance policies require that you report any accident within a reasonable time, often described in vague terms such as “promptly” or “as soon as practicable.” Courts may interpret this requirement differently depending on the circumstances and the jurisdiction.

Separate from insurance obligations, civil statutes of limitation control how long you must file a lawsuit for damages. These deadlines vary by state:

• In New Jersey, the statute of limitations for most car accident injury claims is two years from the date of the accident.
• Depending on the jurisdiction, property damage claims may have different timelines, ranging from two to six years.

Failing to act within these timeframes may result in losing legal rights. This applies even if you are waiting for an insurance decision or attempting to resolve the matter informally.

Preserving evidence is equally important. If you intend to recover for injuries or other losses, gather medical records, repair invoices, witness statements, and all communication with insurers. This documentation can support your position if a dispute arises or legal action becomes necessary.

When to Involve a Car Accident Lawyer

Some insurance claims move forward with minimal conflict. Others result in disputes over fault, payment delays, or pressure to accept settlements that do not fully reflect the extent of the harm. In these cases, legal assistance may be appropriate to ensure fair treatment and to protect your right to recover damages.

Signs That Attorney Representation May Be Necessary

Several red flags suggest that legal representation may help. These include:

• The insurance adjuster denies liability despite strong supporting evidence.
• You receive a low settlement offer that does not cover all medical bills or vehicle repairs.
• Your injuries require ongoing treatment, surgery, or rehabilitation.
• You are being blamed for a portion of the accident without adequate justification.
• The other party’s insurer requests a recorded statement or asks you to sign a release prematurely.

An experienced car accident lawyer can assess the full value of your claim, explain applicable laws, and identify whether legal deadlines are approaching. If the other driver disputes fault or if your insurer raises coverage issues, having legal guidance may reduce the risk of delays and preserve your ability to seek compensation.

How Can a Car Accident Attorney Help You? 

Legal counsel serves multiple functions during an insurance claim or personal injury lawsuit. These may include:

• Reviewing the accident report, medical records, and witness statements to build a factual record.
• Communicating directly with insurance carriers to limit the chance of misstatements or pressure.
• Preparing a formal demand letter stating the amount sought and the basis for recovery.
• Filing a lawsuit when pre-litigation settlement discussions do not result in fair compensation.

Legal representation may also be necessary if your claim involves third-party liability, comparative fault, or policy interpretation issues. The financial stakes can be substantial in severe injury cases, and the legal process often becomes more complex.

How Disputes Get Resolved if Insurers Disagree

Sometimes, insurance companies cannot agree on who is at fault or how much compensation should be paid. When this happens, resolution may require more formal dispute processes.

Mediation, Arbitration, or Civil Court

Some insurance contracts contain clauses that allow or require arbitration to resolve disputes. Arbitration involves a neutral third party who hears both sides and renders a decision. While less formal than court, arbitration is often binding and can limit appeal options.

Mediation is another approach. It is often used when both sides are open to compromise but require help working through disagreements. A mediator facilitates discussion but does not impose a decision.

A lawsuit may be necessary if neither of these methods succeeds, or if the other driver’s insurer refuses to settle. This begins with filing a complaint in civil court, followed by service of process, discovery, and pre-trial motions. In some cases, the dispute may proceed to trial, where a judge or jury will determine liability and damages.

These legal avenues require time and preparation. However, they may be the only path to resolution when informal negotiations reach an impasse.

Preparing for Deposition or Trial

If your car accident claim goes to litigation, preparation becomes key. One of the first steps is the deposition. This is a formal question-and-answer session, recorded under oath, during which opposing counsel asks about the incident, your injuries, and your actions before and after the crash.

Accurate and consistent testimony matters. Contradictions between your deposition and earlier statements to the insurer may be used to challenge credibility. An attorney can help you prepare by reviewing documents and discussing likely areas of questioning.

If the case proceeds to trial, further steps may include:

• Gathering and disclosing medical records, bills, and accident reports.
• Retaining expert witnesses to evaluate vehicle damage, injuries, or economic loss.
• Preparing opening and closing arguments that present your case clearly to the jury.

While most claims settle before trial, preparation for litigation often strengthens your position during negotiations and increases the likelihood of a favorable outcome.

Contact an Attorney if a Car Accident is Not Your Fault

You may be eligible to recover damages through an insurance claim or legal action if you were injured or sustained losses in a car accident that was not your fault. An attorney can evaluate your situation, identify the best course of action, and represent your interests throughout the claims process.

Maggiano, DiGirolamo & Lizzi, PC has represented injured individuals across New Jersey and New York in motor vehicle accident cases involving disputed claims, uninsured drivers, and delayed payouts. To discuss your case, contact a qualified car accident attorney at our law firm for a free consultation by calling (201) 585-9111. No cost. No obligation. Just clear answers to help you move forward.

Frequently Asked Legal Questions About No-Fault Accidents

Many drivers have similar questions after a car accident that was not their fault. Below are several common inquiries based on frequent search patterns and real-world concerns.

Do I need a lawyer if I am not at fault in an accident?

Not every accident requires legal representation. However, if there are injuries, significant property damage, or disputes over fault, an attorney may be necessary to protect your interests and pursue appropriate compensation.

Can I refuse to speak with the other driver’s insurance company?

You are not legally required to speak with the other party’s insurer. However, declining to participate in their investigation may delay your third-party claim. Consider consulting a lawyer before agreeing to any recorded statement or signing documents the opposing insurer provides.

What if the other driver’s insurance denies my claim?

If liability is disputed or coverage is denied, you may seek payment through your own policy under applicable coverage. You may also pursue compensation through a personal injury lawsuit against the at-fault driver.

Will my insurance company help if I am not filing a claim?

Your insurer may still provide guidance, investigate the claim for subrogation purposes, or assist in identifying next steps. Notifying your insurance provider creates a record and can help protect your legal rights.

Should I pay out of pocket to avoid insurance involvement?

Paying for repairs or medical treatment may seem faster, but it can lead to problems if injuries later appear or the other driver later claims damages. Reporting the incident to your insurer preserves your options and prevents future liability disputes.