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Two Routes Through the Same Claim

After a crash that was not your fault, you have a choice about how to get your car fixed, and the two routes have genuinely different trade-offs. Neither is automatically right.

Route one: claim on your own policy

You use your own collision coverage, pay your deductible, and your insurer repairs the car. Your carrier then pursues the other driver's insurer for reimbursement through subrogation, and if they recover, your deductible normally comes back to you in proportion.

Advantages: it usually moves faster because your insurer does not have to wait for the other side to accept liability. You have a contract with them and defined obligations they owe you. Rental coverage, if you carry it, starts immediately.

Disadvantages: you front the deductible and wait for it. The claim appears on your own history, though a claim where you were not at fault and your carrier recovers is generally treated differently from an at-fault one.

Route two: claim against the other driver's insurer

You present a third-party claim. If they accept liability, they pay for the repair and there is no deductible to front.

Advantages: no deductible, nothing on your policy.

Disadvantages: they owe you no contractual duty, only a legal one. Nothing moves until their insured reports the accident and they accept liability, and if their driver disputes it, or is unreachable, you can wait a long time with a car you cannot drive. Their rental arrangements are theirs to decide.

How to choose

If liability is obvious, the other driver has admitted it and their carrier has accepted it quickly, route two is clean. If there is any dispute, any delay, any doubt about their coverage, or if you need the car back this week, route one is usually the better decision even though it costs you the deductible temporarily.

Either way, tell your own insurer

This is the part people get wrong. Reporting the accident to your carrier is not the same as filing a claim on your policy, and your policy generally requires prompt notice of an accident regardless of who was at fault. Report it. Decide the route afterward.

If injuries are involved

The calculus changes, and the injury side of a claim moves on a different track from the vehicle repair. Get medical attention first and read our page on injury claims before making decisions about settlement.

If you do not have collision coverage, route one is not available to you at all — which is worth knowing before you need it.

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More of what callers ask

Will using my own collision coverage raise my rate if I was not at fault?

Carriers weigh not-at-fault claims differently from at-fault ones, and how much depends on the company and your history. Ask yours directly, and treat the next renewal as a natural time to compare.

How long does it take to get my deductible back?

It depends on how quickly the other insurer accepts responsibility and, where they disagree, on inter-company arbitration. Months is common rather than weeks.

Can I claim on both?

You do not collect twice for the same damage. You may deal with different parts of a loss through different routes, which is worth discussing with your adjuster so nothing is duplicated.