File a claim with the other driver's insurance company, not your own, when the other driver caused the accident

When another driver causes a collision, you have the right to file a claim against their liability insurance. This is different from filing a claim with your own insurer. The other driver's insurance company is responsible for paying your medical bills, vehicle repairs, and other losses caused by their driver's negligence. You do not need their permission to file — you need their policy information and documentation of the accident.

The process starts with gathering the other driver's name, phone number, address, driver's license number, vehicle information, and insurance policy number at the scene. Then you contact their insurance company directly and report the accident. The insurer will assign a claims adjuster to investigate. You will provide photos, police reports, medical records, repair estimates, and any other evidence that shows what happened and what it cost you.

Key Takeaways

  • You file a claim with the other driver's insurance company, not your own, when they caused the accident.
  • Collect the other driver's name, address, driver's license number, vehicle details, and insurance policy information at the scene.
  • Contact the other driver's insurance company within days of the accident and provide a written statement of what happened.
  • The insurance company will investigate and either accept or deny your claim based on whether their driver was at fault.
  • If the other driver's insurance denies your claim or offers too little, you can file a claim with your own insurance or pursue a lawsuit.

Gather Information at the Accident Scene

Stop your vehicle in a safe location and turn on hazard lights. Check for injuries and call 911 if anyone needs medical attention. Once it is safe, exchange information with the other driver. Write down their full name, home address, phone number, email address, and driver's license number. Ask for their vehicle make, model, year, color, and license plate number.

Request their insurance policy information — specifically the insurance company name, policy number, and agent contact information. Take photos of both vehicles from multiple angles, showing damage, license plates, and the accident location. If there are witnesses, get their names and phone numbers. Call the police non-emergency line or wait for an officer to arrive, and obtain the police report number. Do not admit fault or apologize for the accident, as this can be used against you later.

Report the Accident to the Other Driver's Insurance Company

Contact the other driver's insurance company within one to three days of the accident. You can find the company name on the insurance card the other driver gave you, or search online using their policy number. Call the claims department and provide your name, phone number, the date and time of the accident, the location, and a brief description of what happened.

The insurance company will ask you to provide a recorded statement. You can give this statement over the phone, but keep it factual and brief — stick to what you saw and what happened, without speculation or emotion. The company will assign a claims adjuster to your case. Ask for the adjuster's name, phone number, and email address. The adjuster will contact you to schedule an inspection of your vehicle and to request documentation.

Provide Documentation and Evidence

The other driver's insurance company will request several documents to process your claim. Gather the police report (you can obtain this from the police department that responded), photos you took at the scene, medical records and bills if you were injured, repair estimates from auto body shops, and receipts for any expenses related to the accident.

If you had to rent a car while yours was being repaired, keep the rental agreement and receipt. If you missed work due to injury, provide a letter from your employer stating the dates you were absent and your hourly wage or salary. If you have medical treatment records, send those as well. Submit these documents to the claims adjuster in writing — email is fastest — and keep copies for your own records. Do not send originals of important documents; send copies only.

Understand What the Insurance Company Will Investigate

The claims adjuster will investigate whether the other driver was at fault for the accident. They will review the police report, your statement, the other driver's statement, witness statements, photos, and vehicle damage. They may also request your medical records to verify your injuries are related to the accident.

The adjuster will determine a percentage of fault — for example, 100% fault on the other driver, or shared fault if both drivers contributed to the accident. State law determines how shared fault is handled. In some states, you cannot recover anything if you are more than 50% at fault. In others, you can recover a portion of your damages even if you are partially at fault. The adjuster will explain their findings and either accept your claim or deny it.

What Happens If the Claim Is Accepted

If the other driver's insurance accepts your claim, the adjuster will provide a settlement offer. This offer covers your medical expenses, vehicle repair or replacement, rental car costs, and other documented losses. Review the offer carefully and compare it to your actual expenses. If the offer matches your documented losses, you can accept it and the company will issue a check.

If the offer is lower than your expenses, you can negotiate with the adjuster. Provide additional documentation or a written explanation of why the offer is insufficient. If you cannot reach agreement, you have the right to reject the offer and pursue other options, such as filing a claim with your own insurance or consulting an attorney about a lawsuit.

What to Do If the Claim Is Denied or Disputed

If the other driver's insurance denies your claim or says their driver was not at fault, you have options. First, ask the adjuster in writing to explain their decision and provide the evidence they relied on. Review the police report and your own documentation to see if there is additional evidence that supports your version of events.

You can file a claim with your own insurance company under your collision or uninsured motorist coverage, depending on your policy. Your insurer may pursue the other driver's insurance company on your behalf — this is called subrogation. You can also consult an attorney who handles car accident cases. Many work on contingency, meaning they take a percentage of any settlement or judgment rather than charging an upfront fee. An attorney can review the evidence, negotiate with the insurance company, or file a lawsuit if necessary.

Frequently Asked Questions

How long does it take for the other driver's insurance to respond?

Most insurance companies acknowledge a claim within one to three business days. The full investigation and settlement offer typically take two to six weeks, depending on the complexity of the accident and how quickly you provide documentation. If the claim is disputed or requires medical evaluation, it may take longer.

Can I file a claim if I don't have the other driver's insurance information?

Yes. If the other driver left the scene or refused to provide information, file a claim with your own insurance under uninsured motorist or hit-and-run coverage. Your insurer will investigate using the police report and any witness information. You can also report the hit-and-run to police, which may help locate the other driver.

What if the other driver's insurance says I was partially at fault?

The adjuster will assign a percentage of fault based on state law and the evidence. If you disagree, ask for a detailed explanation and provide additional evidence. You can also request an independent evaluation or consult an attorney. In some states, you can still recover damages even if you are partially at fault, though your recovery will be reduced by your percentage of fault.

Do I have to accept the first settlement offer?

No. You can negotiate with the adjuster, request additional compensation, or reject the offer entirely. If you reject it, you can file a claim with your own insurance or pursue a lawsuit. Keep in mind that the longer you wait, the harder it may be to gather evidence or locate witnesses.

Should I hire an attorney before filing a claim?

You do not need an attorney to file a claim, and many straightforward accidents are resolved without one. However, if the claim is denied, the offer is significantly lower than your expenses, or you have serious injuries, consulting an attorney can help. Many offer free initial consultations and work on contingency, so there is no upfront cost.