Should I File a Claim With My Insurance If I’m Not at Fault?

Man Using Phone to File Insurance Claim After Car Accident

Car accidents are stressful. One of the most common questions drivers ask is “Should I file a claim with my insurance if I’m not at fault?” While it may seem logical to have the at-fault party’s insurance handle everything, filing a claim with your own insurance can sometimes make the process smoother.

This blog explores the steps you should take after an accident and how an Alpharetta car accident lawyer at Horst Shewmaker can guide you through the process to secure fair compensation.

What to Do After a Car Accident if You’re Not at Fault

Being involved in a car accident can be overwhelming, but taking the right steps immediately afterward will protect your rights and strengthen your potential claim. Here’s what you should do if you’re not at fault for a car crash.

Check for Injuries and Call 911

Safety is the top priority. Check yourself and any passengers for injuries, and call 911 to report the accident. Even if injuries seem minor, it’s essential to have a police report on record.

Collect Evidence at the Scene

Take photos of the accident scene, vehicle damage, skid marks, traffic signals, and any visible injuries. If there are witnesses, ask for their contact information, as their statements could be critical in proving fault.

Exchange Insurance Information

Exchange insurance and contact details with the other driver. Be sure to get their policy number, insurance provider, and driver’s license information.

File a Police Report

Request a copy of the police report, which will document important details about the accident, including the officer’s findings on fault. This report will be invaluable when filing an insurance claim.

Seek Medical Attention

Even if you feel fine, some injuries—like whiplash or concussions—may not manifest immediately. Getting a medical evaluation ensures that any injuries are documented from the outset, supporting your claim for compensation.

Notify Your Insurance Company

Contact your insurance company, even if the other driver is at fault, to inform them about the accident. This is crucial to ensure compliance with your policy and avoid complications down the road.

Contact a Car Accident Attorney

Navigating the aftermath of an auto accident is stressful. An experienced car accident attorney can help you manage the claims process and negotiate for a fair settlement.

Should I File a Claim With My Insurance if I’m Not At Fault?

How to File a Claim if You’re Not at Fault

While you might think the at-fault driver’s insurance will automatically handle all damages, the reality is often more complicated. You have several options for filing a claim, each with its own advantages and considerations.

Filing with the At-Fault Driver’s Insurance

Since Georgia is an at-fault state, you will typically file a claim with the at-fault driver’s auto insurance. This is known as a third-party claim.

You’ll need to contact the other driver’s insurance company, provide them with details of the accident, and submit evidence like photos, the police report, and witness statements.

The other driver’s insurance company may delay the investigation, dispute liability, or offer a low settlement. They are motivated to protect their policyholder and limit payouts, which can complicate the process. It’s important to have a skilled Alpharetta car accident attorney protect your interests.

Filing with Your Own Insurance Company

Even if you are not at fault, you can choose to file a claim with your own insurance company. This is called a first-party claim. Depending on your policy, this option may allow you to get quicker repairs.

Once your insurance company covers your losses, they will pursue reimbursement from the at-fault driver’s insurer through subrogation. This means you won’t have to negotiate directly with the other driver’s insurer.

However, there may be some costs involved, like paying your deductible upfront. If your insurance company successfully recovers funds through subrogation, they will typically reimburse your deductible.

The Importance of Documentation

No matter which route you choose, detailed documentation is essential to support your claim. Key items include:

  • Police Report: An official record of the accident with fault determinations.
  • Medical Records: Evidence of injuries and treatment.
  • Repair Estimates: Documentation of vehicle damage and repair costs.
  • Witness Statements: Testimony that supports your version of events.

Keeping thorough records of all expenses—such as medical bills, car rentals, and lost wages—ensures you claim the full compensation you deserve.

Car Insurance Coverage

Understanding the various types of car insurance coverage is essential when filing a claim after an accident.

Liability Coverage

Liability insurance is mandatory in Georgia and is designed to cover the costs if the policyholder is found at fault for an accident. This coverage pays for the other party’s medical expenses, property damage, and other losses caused by the at-fault driver.

If the other driver is responsible for the accident, you can file a third-party claim with their liability insurance to cover your vehicle repairs, medical bills, and other related expenses.

Georgia requires drivers to carry a minimum of:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

However, if your damages exceed the at-fault driver’s liability limits, you may need to explore other coverage options to make up the difference.

Collision Insurance

Collision insurance is an optional policy that covers the cost of repairing or replacing your vehicle, regardless of who caused the accident. This coverage kicks in whether the accident was your fault or someone else’s.

If the at-fault driver’s insurance company is slow to respond or disputes liability, you can use your own collision insurance to repair your vehicle immediately. Your insurance provider will then handle the subrogation process—seeking reimbursement from the at-fault driver’s insurer.

While using your collision insurance may require you to pay a deductible upfront, you’ll typically get that deductible reimbursed once subrogation is complete.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage protects you if the at-fault driver doesn’t have insurance or doesn’t have enough coverage to pay for your losses. In Georgia, this coverage is not mandatory, but it is highly recommended since many drivers carry minimal insurance.

If the at-fault driver is uninsured or has inadequate insurance (underinsured), your UM/UIM coverage can cover the difference between what you’re owed and what the at-fault driver’s insurance will pay. This coverage applies to both bodily injury and property damage.

For example, if the other driver’s insurance policy only covers $25,000 in damages, but your total losses amount to $50,000, your underinsured motorist coverage would step in to cover the remaining $25,000.

Car Accident Lawyer in Alpharetta, Georgia

How an Alpharetta Car Accident Lawyer Can Help

Navigating the claims process after an accident can be complex, especially when dealing with insurance companies focused on minimizing payouts. This is where an experienced Alpharetta car accident lawyer from Horst Shewmaker can provide invaluable assistance.

Gathering Evidence to Prove Fault

A lawyer can help gather additional evidence—such as surveillance footage or accident reconstruction reports—that may be necessary to prove the other driver’s fault. Insurance companies often try to dispute liability, so having a legal advocate strengthens your case.

Negotiating with Insurance Companies

Insurance companies may offer low settlements to save money, hoping that you’ll accept without question. A car accident lawyer can handle all negotiations, ensuring that the settlement reflects the full value of your losses, including medical expenses, lost wages, and pain and suffering.

Representing You in Court, if Necessary

If the at-fault driver’s insurance company refuses to offer a fair settlement, you may need to file a personal injury lawsuit. Horst Shewmaker’s skilled attorneys are prepared to represent you in court, advocating for your right to maximum compensation.

Handling a car accident claim alone can be stressful, especially when you’re recovering from injuries. An experienced lawyer can manage the entire process, allowing you to focus on your recovery.

By working with an Alpharetta car accident lawyer, you can avoid the pitfalls of the insurance claims process and secure the best possible outcome for your case. Don’t leave your compensation to chance—reach out to Horst Shewmaker today and let us help you get the recovery you deserve.

Contact Us Today for a Free Consultation

While it may seem like filing a claim with the at-fault driver’s insurance is the best course of action, there are times when filing with your own insurance company offers a more efficient solution. Whether you choose to file a first-party or third-party claim, having detailed documentation and professional legal support makes a significant difference in securing fair compensation.

At Horst Shewmaker, we understand the complexities of car accident claims and are committed to helping Georgia residents navigate the process. Our legal team will advocate on your behalf, handle negotiations with insurance companies, and ensure you recover the compensation you deserve. Contact us today to schedule a consultation and explore your legal options after a car accident in Alpharetta.

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