Who Pays When You're At Fault?

If you're in a car accident, it's important to know how to claim auto insurance, especially if you're at fault. In most states, when an accident occurs, one party is usually considered at-fault and must cover the injuries of the other driver and their passengers, typically through their liability insurance. However, in some states, known as 'no-fault' states, each driver's insurance covers their own injuries, regardless of who is at fault.

If you're at fault in an accident, you should still file a claim with your insurance company, as your coverage is intended to protect you from paying these types of costs out of pocket. Collision car insurance will help pay for your vehicle damages, and comprehensive coverage can also benefit you financially in the event of an accident.

After an accident, it's crucial to take immediate steps to protect yourself. Call 911 if anyone is injured, contact the police, and exchange insurance information with the other driver. Take photos of the accident scene, including vehicle damage and injuries, as this evidence will help insurance companies determine who is at fault. Remember, it's best not to admit fault or play the blame game; let the insurance companies figure it out.

What to do if you're at fault

If you are at fault in a car accident, it is important to take certain steps to protect yourself. Here is what you should do:

At the accident scene:

• Stop and ensure you are out of the way of traffic. Check for injuries in your vehicle and any other cars, and call emergency services if anyone is seriously injured or killed.
• Call the police to report the accident and remain at the scene until they arrive. Leaving the scene can result in a hit-and-run charge.
• Exchange information with the other driver(s), including names, insurance information, phone numbers, license plate numbers, and vehicle make and model.
• Take pictures of the accident scene, including vehicle damage, injuries, and the location of all vehicles.

After the accident:

• Inform your insurance company about the accident as soon as possible. Many policies require that you report an accident promptly to ensure coverage.
• File an accident report with the relevant state agency, such as the Department of Motor Vehicles (DMV). This is required in some states if the accident caused bodily injury or property damage exceeding a certain amount.
• Contact a car accident lawyer if needed. An attorney can help protect your rights, especially if you are partially at fault or if there are complications with insurance claims.

Remember, even if you are at fault, you may still be entitled to compensation for your damages, depending on the state laws and your insurance coverage. Each state has different rules regarding fault and insurance claims, so be sure to understand the laws in your state.

How to file a claim

If you've been in a car accident, it's important to know how to file an insurance claim, even if it was your fault. Here's a step-by-step guide on how to do it:

Step 1: Stay Calm and Ensure Safety

If possible, pull over to the side of the road and turn on your hazard lights. Check if anyone is injured and call 911 if there are any injuries or if the damage appears significant. Remember to stay calm and don't panic.

Step 2: Call the Police

In some areas, the police may respond to every accident scene. Even if there are no injuries, it's a good idea to call the police to get a police report, as this will be helpful for the insurance claim process. Exchange information with the other driver(s) involved, including names, addresses, phone numbers, and insurance policy details.

Step 3: Document the Scene

Use your phone to take photos of the accident scene, including damage to all vehicles involved, skid marks on the road, traffic controls, visual obstacles, and any injuries sustained. If there are witnesses, get their contact information as well. If the owner of a damaged vehicle or property cannot be located, leave a note with your contact information.

Step 4: Contact Your Insurance Company

Notify your insurance company about the accident as soon as possible. You can do this by calling them or using their mobile app, if they have one. They will guide you through the claims process and provide you with the necessary forms and information. Be prepared to provide details such as the location, date, and time of the accident, as well as information about the other driver(s) involved.

Step 5: Review Your Policy and Coverages

Understand the coverages and deductibles included in your policy. For example, if you have rental car reimbursement coverage, you may be entitled to a rental vehicle while your car is being repaired. Your deductible is the amount you will need to pay out of pocket before your insurance company covers the remaining costs.

Step 6: Work with an Insurance Adjuster

Your insurance company will assign an insurance adjuster to investigate your claim. The adjuster will contact you, arrange an inspection, assess the damage to your vehicle, and address any personal injury claims. They may also analyze police reports and interview witnesses.

Step 7: Repair or Replace Your Vehicle

Choose a repair shop to handle the repairs to your vehicle. If your claim is approved, your insurer will issue a payment to you or the repair shop, minus your deductible. If your car is totaled, meaning it's damaged beyond repair, your insurer will cut you a check for the value of the vehicle, minus your deductible.

Remember, it's important to understand your insurance policy and know what to do in case of an accident. Don't hesitate to contact your insurance company and follow their guidance on filing a claim, even if you are at fault.

What happens after you're at fault

If you're at fault in a car accident, the consequences will depend on the details of your car insurance policy and the laws of the state in which the accident occurred. Most states are "at-fault" states, which means that the person responsible for the accident is liable for the damages of anyone injured. In "no-fault" states, each driver's car insurance covers their own damages.

Regardless of the state, it's important to take certain steps after an accident to protect yourself financially. Here's what to do if you're at fault:

At the Accident Scene:

• Stop and ensure safety: If it's safe to move, pull over to the side of the road.
• Call 911: If there are any injuries, call for emergency medical assistance. Even if no one is hurt, you may want to call the police to file a report, especially if the vehicles are damaged.
• Exchange information: Get the names, phone numbers, and insurance information from all drivers involved. Also, obtain their driver's license and vehicle registration details.
• Gather witness information: Get the names, phone numbers, and addresses of any witnesses.
• Document the accident: Take photos of the accident scene, including vehicle damage, traffic controls, skid marks, and any injuries.
• Notify your insurance company: Contact your insurance provider as soon as possible to inform them of the accident.
• Avoid admitting fault: Don't discuss fault with other drivers, passengers, or bystanders. Don't apologise or make statements that could be construed as admitting fault.

After the Accident:

• File a police report: If the accident caused injuries or significant property damage, you may need to file a report with the police within a specified time frame.
• Contact your insurance company: Report the accident to your insurance company as soon as possible. They will guide you through the claims process and provide necessary forms.
• Provide detailed information: When filing a claim, give accurate and detailed information about the accident, including the date, time, location, and a description of what happened.
• Cooperate with the claims adjuster: The insurance company will assign an adjuster to handle your case. Cooperate with them and provide any requested documentation.
• Follow the claims process: Follow the instructions provided by your insurance company and complete any necessary forms.
• Pay your deductible: If your policy includes a deductible, you'll need to pay it before your insurance company covers the remaining costs.
• Repair or replace your vehicle: Once your claim is approved, proceed with repairing or replacing your vehicle, depending on the damage and your policy coverage.

Remember, it's important to understand your insurance policy and the applicable state laws to know your rights and responsibilities after an accident, especially if you're at fault.

What to do after an accident

Being in a car accident can be a stressful experience. Here is a list of things to do after an accident to help protect your health, safety, and right to seek financial compensation:

• Call the police and emergency services: If anyone involved in the accident has been injured, call 911. Even if no one has been hurt, you may still want to call the police to get a police report, especially if the vehicles are damaged.
• Exchange information with the other driver: Get the other driver's name, address, phone number, and insurance information. Provide them with your information as well. Avoid discussing who was at fault or getting into arguments.
• Gather witness information: If there are any witnesses to the accident, get their names and contact information.
• Document the accident scene: Take photos or videos of the accident scene, including vehicle damage, other property damage, traffic signs or signals, road debris, and any visible injuries. Also, take photos from different angles and distances.
• Notify your insurance company: Contact your insurance provider and let them know you were in an accident. Provide them with the details of the accident and follow their instructions for filing a claim.
• Get a copy of the police report: Obtain a copy of the police report from the responding law enforcement agency, as it will contain important information about the accident and can be useful when filing a claim.
• Seek medical attention: Even if you feel okay, it is important to get checked by a doctor as some injuries may have delayed symptoms or get worse without proper treatment. Ensure your injuries are documented to support your claim.
• Contact a lawyer: Consider consulting an experienced car accident lawyer to guide you through the legal process, answer your questions, and protect your rights.
• Avoid admitting fault: Allow the authorities to determine who was at fault. Do not give statements or sign releases without first consulting an attorney.
• Document medical procedures and expenses: Keep records of all medical appointments, treatments, prescriptions, and expenses related to the accident.

What happens in a no-fault accident

In a no-fault accident, no-fault insurance, also known as personal injury protection (PIP), will cover your medical bills, lost wages, travel costs for doctor visits, attendant care, and household replacement services. This is the case regardless of who was at fault for the accident.

There are 12 U.S. states and Puerto Rico where no-fault auto insurance is required for drivers:

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

In several other states, PIP is available but not mandatory:

• Arkansas
• Maryland
• Texas
• Washington
• Washington, D.C.

In a no-fault state, your insurance company will initially pay for your medical bills and lost wages after a covered accident, regardless of who caused the crash. However, PIP insurance does not cover damages to your vehicle, another driver's medical expenses, or medical bills above your policy limit.

If you live in a no-fault state and your PIP coverage limits are exceeded, you may be able to sue the at-fault driver for any excess economic losses, pain and suffering, and Michigan No-Fault benefits that exceed the applicable PIP coverage.

Frequently asked questions