Should I File a Claim With My Auto Insurance or Their Auto Insurance?

Last Updated on December 25, 2025

After a crash, one of the first questions is: Do I file a claim with my insurance company or the other driver’s? The answer depends on fault, injuries, coverage, and how quickly you need your car fixed.

Below is a practical guide to help you decide who to call, when to open a claim, and when it might make sense to pay out of pocket. (If you need a refresher on what information to gather and how the process works, start here: the proper way to file an insurance claim after an accident.)

Key Takeaways

If you caused the crash, you’ll usually file with your own insurer; if the other driver caused it, you can often choose between filing with their insurer or using your own collision coverage for faster repairs.
Even if you don’t plan to file a payout claim, it’s smart to notify your insurer promptly so you’re protected if the other driver later alleges bigger damage or injuries.
Using your own collision coverage may require paying a deductible upfront, but your insurer can often pursue reimbursement from the at-fault driver’s insurer.
In no-fault (PIP) states, injury-related benefits often run through your policy first, while property damage rules may still depend on who caused the accident.

Table Of Contents

Quick rule of thumb
Step 1: Call the right people first
When it usually makes sense to file with your insurance company
Should you always file a claim under your policy?
When you might not want to file (and what to do instead)
When to file with the other driver’s insurance company
What if the other driver has no insurance?
How no-fault states change the decision
FAQs on Filing an Auto Insurance Claim
Bottom line

Quick rule of thumb

If you caused the accident: file with your insurer (liability coverage) and cooperate with the other driver’s claim. (More detail: what happens if you’re at fault in an accident.)
If the other driver caused the accident: you can often choose between (1) a third-party claim with their insurer, or (2) a first-party claim with your insurer (collision/UM/UIM/PIP/MedPay), depending on what coverages you carry.
If fault is unclear or disputed: open a claim with your insurer so you have help immediately while insurers investigate and determine fault.

Step 1: Call the right people first

Call 911 if anyone is injured, traffic is blocked, or the other driver may be impaired.
Exchange info (names, contact details, license plates, insurer + policy number) and take photos of damage, positions, and the scene.
Notify your insurer promptly (even if you’re not sure you’ll file). Many policies require timely notice, and early reporting helps protect you if the other driver changes their story later.

When it usually makes sense to file with your insurance company

Filing a claim under your policy (a “first-party” claim) is often the easiest and fastest route when you have the right coverage. Common situations include:

You were at fault (your liability coverage handles the other driver’s damage and injuries).
You need repairs fast and you have collision coverage. Your insurer can pay for repairs now, then pursue the other insurer through subrogation if you weren’t at fault.
The other driver is uninsured/underinsured (UM/UIM may apply), or it was a hit-and-run (coverage depends on your state and policy).
You have injuries and your state uses PIP or you carry MedPay—those coverages often pay quickly regardless of fault.
Fault is disputed or there are multiple vehicles involved. Your insurer can coordinate statements, inspections, and negotiations.

Should you always file a claim under your policy?

No. Sometimes opening a claim is smart for protection—but paying out of pocket can be reasonable if the damage is truly minor. If you’re weighing that choice, see: should you make a claim after a car accident?

Here are the biggest factors to consider:

Your deductible (especially for collision and comprehensive). Even when you’re not at fault, you may pay your deductible upfront and get reimbursed later if your insurer successfully recovers from the at-fault driver. (Related: does my deductible apply even if I’m not at fault?)
Potential premium impact. Not every claim increases rates, and rules vary by state and insurer—but at-fault accidents are the most likely to raise premiums. Even not-at-fault claims can affect discounts in some situations.
Total repair cost vs. deductible + possible rate changes. If repairs are only a few hundred dollars, paying out of pocket can sometimes be simpler.
Hidden damage and injuries. Minor-looking accidents can reveal expensive damage later (radiators, sensors, alignment) or delayed injuries. Filing protects you if costs grow.

When you might not want to file (and what to do instead)

If it’s a low-speed fender bender, no one is hurt, and damage is clearly minor, some drivers settle privately. That’s most realistic when both drivers agree on what happened and the repair cost is comfortably affordable.

For more on that decision, see: do you need to get insurance involved after a small accident?

If you do pay privately, protect yourself:

Get photos, driver info, and a written agreement that states the payment amount is a full and final settlement.
Don’t pay cash without documentation (digital payment + receipt is better).
Be realistic about costs—bumper covers, paint, sensors, and calibrations add up quickly. If you’re debating whether it’s worth paying yourself, this helps: when should you pay for vehicle repairs out of pocket?

Important: even if you plan to pay privately, it can still be wise to notify your insurer (without necessarily filing a payout claim) so there’s a record in case the other driver later files and alleges bigger damage or injuries.

When to file with the other driver’s insurance company

If the other driver is clearly at fault, a third-party claim with their insurer can make sense. The upside is you typically don’t pay your collision deductible (because you’re not using your policy).

The downside is that the other insurer works for their policyholder—so timelines can be slower, liability may be questioned, and rental/repair approvals can take longer than a first-party collision claim with your own insurer.

In practice, many drivers do this:

Open a claim with the other driver’s insurer.
If delays pile up or liability is disputed, switch to your own collision coverage to get the car fixed faster, then let your insurer pursue reimbursement.

What if the other driver has no insurance?

If the other driver is uninsured, treat it as a “file with your insurer” situation. Start here: what to do after an accident with an uninsured driver.

Your options may include collision coverage (for your car), uninsured motorist coverage (for injuries in many states, and sometimes property damage), and potentially a lawsuit against the at-fault driver—though collecting can be difficult if they have limited assets.

How no-fault states change the decision

In “no-fault” (PIP) states, your injury-related benefits often run through your insurance first—regardless of who caused the crash. Property damage (vehicle repairs) may still involve fault and different rules depending on the state.

If you live in a no-fault state and you’re unsure what applies to you, this overview helps: is insurance in a no-fault state more expensive?

FAQs on Filing an Auto Insurance Claim

Do I have to report an accident to my insurance company if I’m not at fault?

Often, yes—at least as a notice of loss. Many policies require prompt notice of accidents, and reporting creates a record in case the other driver later files a claim or alleges injuries. Reporting doesn’t always mean you’re filing for payment under your policy.

Is it better to file with my insurance or the other driver’s insurance?

If the other driver is clearly at fault, filing with their insurer can help you avoid using your collision deductible. But using your own collision coverage is often faster for repairs—especially if the other insurer delays, disputes fault, or is hard to reach. Your insurer can pursue reimbursement afterward.

Will my rates go up if I file a claim?

Not every claim raises premiums, and rules vary by state and insurer. At-fault accidents are the most likely to increase rates. Comprehensive claims are less likely to raise premiums, though they can affect discounts in some cases. If you’re unsure, ask your insurer how different claim types are typically treated.

Do I have to pay my deductible if the other driver is at fault?

If you file through the other driver’s liability insurance, you typically don’t pay your deductible. If you file under your own collision coverage, you usually pay the deductible upfront and may get it back later if your insurer recovers money from the at-fault driver’s insurer.

What if the other driver won’t report the accident or won’t cooperate?

You can still open a claim with your insurer and provide your evidence (photos, police report number, witness info). Your insurer can investigate and may be able to handle repairs through your collision coverage while they pursue the other driver or their insurer.

What should I do if the other driver is uninsured or it’s a hit-and-run?

Contact your insurer right away. Depending on your policy and state, collision coverage may pay for your vehicle damage, and uninsured motorist coverage may help with injuries (and sometimes property damage). Report hit-and-runs to the police as soon as possible, since many policies require timely reporting.

How do no-fault states affect which insurance company pays?

In no-fault (PIP) states, injury-related benefits often go through your own policy first, regardless of fault. Property damage rules can still involve fault depending on the state and your coverages. If you’re unsure, check your declarations page for PIP, MedPay, collision, and UM/UIM coverage.

Bottom line

Call your insurer promptly after any meaningful accident—especially if there are injuries, major damage, disputes about fault, multiple cars, or an uninsured driver. If the other driver is clearly at fault, you can often start with their insurer, but using your own collision coverage is frequently the fastest way to get back on the road if delays appear.