Why File a Claim With My Own Insurance Even Though I Wasn’t at Fault?

Filing a claim with your own insurance ensures faster repairs, helps document the incident, and protects your rights if the at-fault driver's insurer delays or disputes the claim. It also keeps you in compliance with your policy and gives your insurer grounds to recover costs from the other party.

What If I Don’t Want to File a UM Claim?

It’s not unusual to feel hesitant about using your own insurance, especially when you weren’t the one who caused the crash. But if you’ve been seriously hurt and the other driver has low coverage, your own policy could be the difference between a partial recovery and a full one. If the at-fault driver has low coverage, filing a UM (Uninsured/Underinsured Motorist) claim with your own insurer can help cover medical bills and lost income. UM coverage exists to protect you, and using it ensures you receive full compensation, even when the other driver’s insurance falls short.

What Is the Process After Filing With My Own Insurer?

After filing, your insurer assigns an adjuster who investigates the accident, reviews evidence, inspects your vehicle, and determines fault and damages. They’ll offer a settlement based on this assessment. If you disagree, you can negotiate or consult an attorney. Your insurer may seek reimbursement from the at-fault driver’s insurer through subrogation.

If I File With My Insurance, Will That Raise My Rates?

This is one of the most common concerns. The answer in Louisiana is generally reassuring, but with caveats. In Louisiana, your insurer cannot raise your premiums for a non-fault accident claim under coverages you've paid for. However, rate increases may occur if you're found partially at fault, file under uncovered areas, or have multiple claims, even if you're not at fault. Always review your policy terms.

Are There Downsides or Risks to Filing With Your Own Insurer?

Yes. You may have to pay a deductible upfront, face delays during claim review, or risk being found partially at fault. Additionally, frequent claims, even non-fault ones, can lead to policy changes or non-renewal if your insurer views you as a higher risk.

How Do I Protect Myself When Making the Claim?

To protect yourself, review your policy, document everything in a claim journal, and communicate in writing. Gather your own evidence, get independent repair estimates, and never sign a release without legal advice. Promptly report the accident, cooperate reasonably, and track all expenses to support your claim.

When Might You Decide Not to Involve Your Insurer?

You might skip filing with your insurer if the damage is minor and below your deductible, the other driver’s insurer promptly accepts full liability, or involving your insurer would unnecessarily delay a straightforward settlement already offered by the at-fault party’s insurance. But beware of accepting a quick settlement before you know the full extent of your injury and damages. You can't know if a settlement offer is fair if you don't know the extent of your loss.

Do I Have to Pay My Deductible If I Was Not At Fault?

Yes, you may still have to pay your deductible even if you were not at fault. This usually happens when you use your own collision coverage to repair your car faster. Your insurer may later recover that amount from the at-fault driver’s insurance through subrogation and reimburse your deductible if successful.

FAQ Archives: Car Accident - Page 4 | No Fees Unless LJB Wins!

Should I File a Claim With My Own Auto Insurance if I’m Not at Fault?

Why Should You File With Your Own Insurance?

The short answer, is yes. You should promptly notify your insurer even if you weren’t at fault. Doing so preserves your rights, triggers your own coverages (e.g. UM/UIM, MedPay), and helps establish proof of insurance (important under Louisiana’s “No Pay, No Play” law). A Louisiana car accident lawyer from LJBLegal can also help guide you …

When Should I Call a Lawyer After a Car Accident in Louisiana?

Why It’s Important to Call a Lawyer Soon After a Crash If you’ve been injured in a car wreck, you may be tempted to wait.“Let me see how I feel” or “I’ll talk to them tomorrow.” We used to advise clients to wait a bit and see how things unfolded. But today, especially with video …

What Happens if No One Admits Fault After a Car Accident in Louisiana?

After a crash, sometimes both drivers deny responsibility, or nobody wants to “confess” what happened. But silence doesn’t block justice. Louisiana law offers tools to figure out who’s to blame and help injured people recover damages even when fault is contested. Acting fast matters. Every hour you wait is time that critical evidence could disappear. …

Can the At‑Fault Driver Refuse to Share Their Insurance Information in Louisiana?

Can a driver refuse to share their insurance?

If you’ve been in a car crash in Louisiana, you may wonder: Can someone who caused the accident legally refuse to share their insurance information? The short answer is no. Louisiana law requires all drivers involved in certain accidents to give insurance details to the others. If the at‐fault driver won’t cooperate, there are steps …

What if I Was Injured by an Excluded Driver in Louisiana?

What if I was hit by an excluded driver?

Car insurance policies in Louisiana often include something called an “excluded driver.” This means the insurance company and the policyholder agreed that a specific person is not covered under that insurance policy. If that excluded person drives the vehicle and causes a crash, the insurance company does not have to pay for the damage or …

Who Pays If I Was Injured in an Accident While Driving Someone Else’s Car in Louisiana?

What if I was driving someone else's car?

Car accidents are stressful enough when you are in your own vehicle. But what if you were driving a family member’s or friend’s car at the time of the crash? Who pays for the damages, and how do insurance rules in Louisiana apply? A Louisiana car accident lawyer can help you understand how the law …

Who Pays If I Was Hit by a Stolen Car in Louisiana?

Getting hit by another driver is always stressful. But if you find out the car that hit you was stolen, things can get even more confusing. You may be wondering who is going to cover the damage, your medical bills, or even your lost income. A skilled Louisiana car accident lawyer can help you understand …

Do I Have to Pay Medical Bills Out of My Injury Settlement?

Do I have to pay medical bills out of my settlement?

Do I Have to Pay Medical Bills Out of My Personal Injury Settlement? Yes, valid medical bills are typically deducted from your injury settlement. This includes insurance reimbursements, provider liens, and unpaid bills. An experienced Louisiana personal injury attorney can negotiate reductions and ensure only legitimate costs are paid, maximizing what you keep after your …

What is Maximum Medical Improvement in a Louisiana Personal Injury Claim?

If you were hurt in Louisiana, you may hear the term Maximum Medical Improvement, or MMI. This medical milestone can shape your personal injury claim and the value of your settlement. As a Louisiana personal injury lawyer, I help my clients understand what MMI means, how it is set, and why timing matters to protect …

Should I Accept an Insurance Settlement That Covers Medical Payments for One Year?

Should I accept a settlement with future medical payments?

A one-year medical payments settlement can leave you paying future bills yourself unless you have finished treatment and your condition is stable and predictable. Recently as Louisiana car accident lawyers, we have been seeing these offers more and more. The insurance quickly offers a low settlement of a few thousand dollars, but assures you they …

Should I Sign a Medical Release Form From the Insurance Adjuster?

If you were hurt in a car crash, slip and fall, or any other type of accident, the insurance company might ask you to sign a medical release form. It may seem like a normal request, but signing it without help could hurt your case and cost you money. If you’ve been injured and receive …

How Much is my Eye Injury and Vision Loss Worth After a Louisiana Car Accident?

What is my vision loss/eye injury case worth?

A car accident can change your life in a moment, especially when it causes a serious eye injury. Losing part or all of your vision affects your health, daily life, work, and independence. If you are facing vision problems after a crash, you may feel overwhelmed. Knowing how compensation works in Louisiana helps you understand …

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