Should I Call My Insurer If the Crash Wasn't My Fault?

The short answer is yes

People hesitate to call their own insurance company after a crash they did not cause. It feels unnecessary, since the other driver should pay. And many people worry that any claim will raise their rates.

Call anyway, and do it promptly. Your policy almost certainly requires you to report a crash, and a late report can give your own insurer a reason to deny coverage you may badly need later.

Will it raise my rates?

In California, insurers are limited in how they can count accidents against you. Under the state’s rating rules, the accidents that count against your driving record are the ones where you were “principally at fault,” meaning your actions were at least 51 percent of the cause (10 CCR § 2632.13). An insurer also has to actually investigate before deciding you were principally at fault.

So reporting a crash that was the other driver’s fault should not, by itself, cost you your good-driver discount or raise your rates. If your insurer tries to treat you as at fault, you can dispute it.

What your own policy can do for you

Your own policy may have coverage you did not know you had:

• Medical payments coverage. Med-pay pays medical bills after a crash, regardless of fault. It is usually modest, but it is available quickly.
• Collision coverage. Your own insurer can fix your car, or pay for it if it is totaled, without waiting for the other driver’s insurer to accept fault. You pay your deductible up front, and your insurer then goes after the other driver’s insurer to get it back.
• Rental reimbursement, if you bought it.
• Uninsured and underinsured motorist coverage. If the other driver has no insurance, or not enough, this may be the coverage that pays for your injuries. It often has its own notice requirements, which is one more reason to report promptly. Read uninsured motorist claims.

What to say, and what not to say

Report the facts: the date, the place, the other driver’s name and insurance, the police report number, and that you were hurt, if you were.

Do not guess. Do not estimate speeds, do not speculate about fault, and do not describe your injuries as “minor” before a doctor has examined you. “I’m being seen by a doctor” is enough.

Your own insurer may ask you for a recorded statement, and your policy may require you to cooperate with it. That is different from the other driver’s insurer, which you are generally not required to talk to. Even with your own company, it is worth talking to a lawyer first. Read should I give the adjuster a recorded statement?

Talk to Boyd

If you are not sure what your policy covers, send it over. Reading it is part of the free consultation, and Boyd takes the call himself: (714) 656-2400.