The aftermath of an auto collision can feel overwhelming, especially if you have sustained significant injuries or property damage. On top of this, you may be unsure of which insurance company to call to begin the claims process.
Under most circumstances, the victim notifies their own insurance company first, even if the crash was not their fault. Understanding which insurance to call is essential because these entities open a claim file, assign an adjuster, and begin documenting evidence right away. Notifying your own insurer protects you if the at-fault driver’s company delays, denies a claim or liability, or disputes the extent of the damage.
In this article, we will explore the various insurer-related scenarios that can arise after a crash and how to navigate each. Learn more or get help with your claim by contacting Joe and The Stephens Law Firm at (281) 201-0035.
KEY TAKEAWAYS
- Always report a not-at-fault accident to your insurance. Collision coverage can speed repairs and allow your insurer to recover costs from the at-fault driver, while towing and roadside assistance benefits may also apply.
- Contact the other driver’s insurer only for minor, undisputed accidents. They represent the at-fault party, so giving statements without legal guidance can reduce your payout or create disputes.
- If the driver is uninsured, underinsured, or flees, file a claim with your own insurance and report to the authorities.
Should I Report a Not-At-Fault Accident to My Insurance Company?
In most cases, you should report a not-at-fault accident to your own insurance company. Aside from being a policy requirement, this also protects against other insurers’ pushback and can provide coverage for damages that surface weeks or even months later.
- Collision Coverage: If you carry collision coverage, your insurer can pay for your vehicle repairs right away, regardless of fault, and then seek reimbursement from the at-fault driver’s insurance through subrogation. This can significantly speed up the repair process and prevent delays if the other insurer disputes liability.
- Towing Coverage: It is common for cars to become inoperable following a crash. Many insurance policies cover towing expenses and roadside assistance. Calling your insurer immediately after the collision can ensure that those benefits are applied and properly documented, rather than paying out of pocket and trying to recover costs later.
- Medical Expenses and Documentation: Reporting the accident creates an official record, which is essential for personal injury claims or medical expense coverage, regardless of fault. This documentation can be used as evidence to support the extent of your damages and their direct connection to the incident.
- Protection Against False Blame: Highlight that the other driver could dispute fault. The other party involved in the wreck may attempt to dispute fault to minimize the compensation they owe. By notifying your insurer right away, you create a time-stamped account of the events and preserve evidence while it is still fresh, protecting yourself if liability becomes contested.
- Tips for Calling Your Insurer: When speaking with insurers, mention only factual information, such as the date, time, location, and parties involved. Consulting an attorney beforehand can also help insurance companies obtain more useful information.
Should You Contact the Other Driver’s Insurance Company?
The only time it is generally appropriate to contact the other driver’s insurer is when you are filing a third-party claim. In this situation, instead of using your own collision coverage, you seek payment from their liability coverage for vehicle damage, medical bills, lost wages, or other losses. A third-party claim may be warranted if the following are true:
- The damage is limited to your vehicle and is relatively small
- No one needs medical treatment or anticipates ongoing care
- The other driver admits fault, and there is no dispute
Under these circumstances, a third-party claim can help you avoid paying your deductible and keep the claim off your own collision coverage. However, the other driver’s insurance company represents them, not you, and their goal is to minimize payout. As a result, it can be risky to speak with them without legal representation, possibly leading to:
- Requests for recorded statements that may be used to limit or deny your claim
- Quick settlement offers before you understand the full extent of damages or injuries
- Attempts to shift partial blame onto you
- Delays in accepting liability
If you choose to contact the other party’s insurer at any point in the claims process, we highly recommend speaking with a car accident attorney first. Avoid giving statements or signing anything if there are injuries, disputed fault, or complicated claims.
What Happens if the Other Driver Is Uninsured, Underinsured, or Leaves the Scene?
If the other party involved has inadequate coverage or flees the accident scene, it can quickly complicate the claims process.
Uninsured and Underinsured Drivers
Uninsured (UM) and underinsured (UIM) coverage protects the policyholder when the at-fault driver lacks sufficient insurance. These coverages apply when damages exceed the other driver’s policy limits or if the driver has no insurance at all.
Hit-and-Run Scenarios
If the other driver flees the scene, it is vital to file a police report immediately. UM coverage may still apply in these cases, though a deductible may apply depending on your policy. However, the sooner you alert authorities to the situation, the sooner they can begin seeking out and identifying the at-fault party.
When Claims Get Complicated
Cases that deal with insufficient coverage and hit-and-run scenarios are more complex than typical claims. Insurers may dispute coverage or limits, making the process more challenging. Seeking legal guidance can ensure proper recovery of all your damages.
Will Your Insurance Rates Go Up After a Not-At-Fault Accident?
Generally, insurers do not raise rates for accidents where the policyholder is not at fault. That said, policies vary by company, and insurers evaluate risk using their own criteria. Additionally, multiple claims within a short period may affect rates, possibly indicating greater risk, especially if factors like significant damage or a totaled vehicle are involved.
The impact on your rates can also differ depending on whether you file under your own policy (such as through collision coverage) or pursue a third-party claim directly with the at-fault driver’s insurer, as each route is handled and recorded differently in the claims process.
Insurance companies may try to place the blame on you, but we won’t let them. We count with the experience to help you get the care and compensation you need to move forward.
What if Someone Hits Your Parked Car?
Parking lots and garages are hotspots for accidents due to heavy foot traffic, vehicles moving in different directions, and the higher number of blind spots. Fault is usually clear in parked car cases, but insurers will still investigate.
When the At-Fault Driver Is Identifiable
If someone hits your parked car, they should stop and provide their contact and insurance information. If you’re not there, they should try to locate you and, if they can’t, leave a note with their name, contact details, and insurance information. When the at-fault driver is identified, you can file a third-party claim with their insurance company to seek payment for repairs.
When the At-Fault Driver Flees the Scene
If someone else hits your parked car and fails to stop or leave their information, this is considered a hit-and-run, and collision or uninsured motorist (UM) coverage may apply. You will likely need to file a claim under your own policy to trigger UM. Many insurers require a police report for hit-and-run claims. Witnesses or surveillance footage can be used as evidence to identify the at-fault driver.
How Long Do You Have To Report a Car Accident?
Texas’s statute of limitations for personal injury claims is two years. This means victims must file a claim within this timeframe to pursue compensation. However, even with this generous timeline, most policies require prompt notice, typically days rather than months. Failing to report a crash quickly can give the insurer grounds to delay or even deny coverage, especially if the delay makes it harder to investigate the claim, assess vehicle damage, or verify injuries.
If You Were Injured in a Car Wreck Call West Houston Injury Attorney Joe Stephens Now
If you’ve been injured by the negligence of another, you could hire any local lawyer, or you can hire a West Houston law firm that focuses on automobile injury litigation. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a veteran vehicle accident attorney in Katy, Joe handles all cases personally, and his staff is always available to answer questions.
Contact Joe Stephens today if you or someone you know has been in a car accident in Texas. Every case is different. It’s essential to have a reliable and experienced attorney on your side. One phone call can change your whole future.
