1. The At-Fault Driver’s Insurance May Delay or Deny Coverage

Even if the other driver admits fault at the scene, their insurance company may not agree. Insurance providers conduct their own investigations and may dispute liability or drag their feet on processing your claim. In the meantime, you could be stuck with medical bills, car repairs, or rental car costs – talk about stressful! Filing with your own insurance can help cover these expenses more quickly through your collision coverage or medical payments coverage (MedPay), depending on your policy. Your insurer can then pursue reimbursement from the at-fault party’s provider through a process called subrogation.

📌 Tip: Always notify your insurer about any accident, even if you don’t plan to file a claim right away.

2. You May Have Coverage the Other Driver Doesn’t

Not all drivers carry sufficient insurance. If the person who hit you has minimal coverage—or none at all—you could be left without full compensation for your injuries or vehicle damage. This is where uninsured/underinsured motorist coverage (UM/UIM) on your own policy comes into play. Filing a claim with your insurance allows you to tap into these protections, which are especially important in serious crashes where damages exceed basic liability limits.

3. Documenting the Accident Protects You

By filing a claim with your insurance company, you create an official record of the accident. This documentation can protect you from future disputes. For instance, if the at-fault driver later changes their story or if unexpected injuries surface days later, you’ll already have a claim in progress. Waiting too long can hurt your chances of getting compensated fairly—or at all.

Conclusion: Filing a Claim Protects You, Even If You’re Not at Fault

You may not be responsible for the accident, but that doesn’t mean you should leave your fate entirely in someone else’s hands. Filing an insurance claim—even with your own provider—can help you access needed coverage, avoid delays, and protect your legal and financial interests. If you're unsure how to proceed or feel overwhelmed by the insurance process, talk to a local personal injury attorney. An experienced lawyer can evaluate your situation, handle negotiations, and ensure you’re not left paying for someone else’s mistake.

At Ludwig Law Firm, we’ve helped Arkansans recover what they’re owed after accidents caused by others. We can walk you through your rights and work to maximize your recovery—even when the other driver’s insurance tries to avoid responsibility. Call us today!

📞 Call us at 501-868-7500
📧 Email:[email protected]
🌐 Visit: www.ludwiglawfirm.com

You’re not happy. Your car is totaled, and it wasn’t your fault! You may be thinking: “Shouldn’t the other person’s insurance cover my damages?”

In a perfect world, the other driver’s insurance would take care of everything. But in most cases, there are obstacles you will have to overcome to make that happen. We’re going to walk through three key reasons why you should still file a claim with your own insurance, even if you were not at fault.

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Frequently Asked Questions

Q. Should you file a claim immediately after an accident?
A. You should report and begin the claims process as soon as it is safe to do so after an accident. Prompt action helps preserve evidence, protect your rights, and avoid missed deadlines, while still allowing you to prioritize emergency medical care first.

Q. How long after a car accident can you make a claim?
A. How long you have to make a car accident claim depends on the law in your state and the type of claim you file. In many states, you have several years to file a lawsuit, but insurance companies often require much faster notice. Talking with an attorney as soon as possible helps ensure you do not miss any deadlines.

Q. What's the most money you can get from a car accident?
A. There is no single maximum amount you can recover from a car accident. The value of a claim depends on factors like medical bills, lost wages, property damage, pain and suffering, and the extent of long term injuries or disability. Serious or fatal crashes with strong liability evidence often lead to higher settlements or verdicts.