To file a car insurance claim in California, a policyholder must promptly notify his or her insurer. Those who were uninsured can file a claim with the other party’s insurer if they believe the other party was solely or partially at fault.

What happens if both parties are at fault in an accident?

Both parties may share fault in a car wreck. In these situations, the laws of the state in which the traffic accident occurred determine how insurance adjusters assign liability. You may qualify to recover compensation either from the other driver’s insurance company, your own, or both.

Can you claim insurance if you are at fault?

However, confirming who is at fault for the accident may be necessary before a claim can be finalised with any insurers. Some insurance policies do include coverage for injuries or damage caused by uninsured or underinsured drivers.

Should I file a claim if I am not at fault?

If you’ve been hit by a driver and you’re not at fault, you will still only file a claim with your insurance company. You don’t need to claim on the other driver’s insurance.

How do you file a car insurance claim if you are not at fault?

Even though you’re filing your claim through your carrier, it will still proceed as the at-fault driver’s company. You will give your insurer all of the information that they request and then the claims adjuster will help guide you through the process.

What happens if you’re not at fault in a car accident?

If you’ve been hit by a driver and you’re not at fault, you will still only file a claim with your insurance company. You don’t need to claim on the other driver’s insurance.

Can you file a claim with the other insurance company?

However, if the other driver was clearly at fault, you can go ahead and file a claim directly with the other party’s insurance. This is what’s called a third-party claim.

What happens if both parties in a car accident have the same insurance?

Walker saysthat insurance companies are required to treat claims the same whether the other driver is represented by the same insurer or a different one. “It doesn’t really make a difference,” Walker says. “Insurance companies have statutory duties to handle claims efficiently.”