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

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.

There are several important reasons:

• Your policy may require reporting. Many auto insurance policies include a provision that you must report all accidents, whether or not you were at fault. Failing to do so could breach your contract with the insurer.
• Other driver may lack or have insufficient coverage. If the at-fault driver has no insurance or very low limits, your uninsured/underinsured motorist (UM/UIM) coverage (if you have it) could help you recover more than making a claim against the other driver alone.
• You get quicker access to repairs or medical payments. Your own collision coverage, MedPay, or Personal Injury Protection (PIP) can get your car fixed and your medical bills handled while your insurer pursues the at-fault side. You may have to pay a deductible first, but you can often recover that later.
• It helps preserve your rights and evidence. Filing early ensures your insurer has the record, and later nobody can question why you didn’t make the claim sooner.
• Louisiana’s “No Pay, No Play” law demands proof of coverage. Louisiana has a law called “No Pay, No Play” (La. R.S. § 32:866). It penalizes people who did not maintain required auto liability insurance at the time of an accident, even if someone else was at fault. If you cannot prove you had valid insurance at the time of the crash, you might lose your right to recover the first portion of your damages. By filing your own claim, you help show that you did have coverage.

We GET IT DONE

Clients trust us to handle their case properly and effectively

FREE Confidential Case Review (985) 240-9773

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.

One of our clients was T-boned while crossing an intersection. She had the green light, but the other driver ran a red. Her arm was broken in the crash and needed surgery. Recovery took months, with painful physical therapy and time away from work. The other driver only had $15,000 in coverage, the minimum allowed in Louisiana. That didn’t even come close to covering her losses.

Even though our client had a strong Uninsured/Underinsured Motorist (UM) policy, she was reluctant to use it. She didn’t want to file against her own insurance. But the truth is: that’s exactly why UM coverage exists. You’ve paid into it every month for years, often without using it. Why not rely on it when it matters most?

We always recommend letting your insurer know about the accident early. That preserves your rights and opens the door to using coverages you’ve already paid for. Waiting too long or not filing at all can hurt your claim.

If you’re unsure whether to file or how it will affect your rates, a New Orleans car accident lawyer from LJBLegal can walk you through your options and make sure your rights are protected. You deserve to be fully compensated, not just for the bills today, but for what the crash has cost you long-term.

We DO THE RIGHT THING

The correct choice – always – is to do the right thing. 

FREE Confidential Case Review (985) 240-9773

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, according to Revised Statutes §22:1284, 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.

• When a crash is not your fault, Louisiana law prohibits your insurer from increasing your premiums just because you made a non‑fault claim under coverages you already paid for.
• If your insurer is simply making a claim under those coverages because of a non-fault accident, your rates should not go up.

However, in real insurance practice, there are some important caveats and exceptions to be aware of:

• Policy terms matter: Always review your insurance policy to see how it handles non-fault claims.
• At-fault determinations matter: If the insurer or a court finds you partially at fault, your rates could be affected.
• Claims not covered by Louisiana’s protection: If you make a claim under coverages that aren’t protected, or a claim that your insurer views as your responsibility, your rates may increase.
• Repeated claims: Multiple claims, regardless of fault, may cause your insurer to view you as higher risk.

We ARE TRANSPARENT

We don’t play games and we don’t hide the ball.

FREE Confidential Case Review (985) 240-9773

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.

Here is a typical flow once you file a claim with your insurance company:

1. You report the accident to your insurance company, supplying details, police report, other driver’s information, witness info, and photos.
2. Your insurer opens a claim under coverages you bought (collision, MedPay, PIP, UM/UIM). You may need to pay a deductible on collision.
3. Your insurer may begin paying to get your vehicle repaired and medical expenses handled (if MedPay or PIP applies).
4. Your insurer tries to recover those payments from the at-fault driver’s insurer (this is called subrogation).
5. If the at-fault insurer accepts fault and pays, your insurer reimburses your deductible (if applicable), and your insurer recoups its costs.
6. If the other side refuses or disputes fault, litigation or negotiation may continue.

We ARE COMPASSIONATE

Emotionally intelligent listeners with positive attitudes.

FREE Confidential Case Review (985) 240-9773

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.

• Deductible costs: If you use your collision coverage, you’ll likely pay a deductible upfront. You can try to recover that from the at-fault insurer later.
• Claims handling delays: Your insurer may scrutinize the claim carefully to protect its own subrogation rights.
• Partial fault risk: If investigators conclude you share fault in the accident, your insurer or the at-fault insurer could argue you caused part of the damage.
• Policy change or cancellation: If your insurer believes you’re a higher risk due to your overall claims history, it might choose to change or cancel your policy at renewal.

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.

• Report the accident quickly, as required by your policy.
• Provide accurate, factual information—avoid guesses, “I think,” or opinions about fault.
• Document everything: photos, videos, police reports, witness statements, medical records.
• Follow your insurer’s requests (within reason) to cooperate with investigations.
• Consult your attorney before signing releases or admissions of fault.
• Keep track of medical bills, repair estimates, and other costs you incur.

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.

• If the damage is minimal and well under deductible, and the other driver’s insurer accepts liability right away.
• If it’s clear the other party has full insurance and will cover all costs.
• If involving your insurer complicates or delays settlement beyond what the at-fault insurer is offering.

What Should You Do Next?

If you weren’t at fault, it often makes sense to file a claim with your own insurer under coverages you’ve already paid for. Doing so helps protect your rights, get repairs and medical bills handled quickly, and establish proof of coverage under Louisiana law. Because Louisiana law typically prevents insurers from raising your rates over a non-fault claim, you generally face little downside.

Still, every case is different. For personalized advice, call our Metairie car accident lawyers a call at 985-240-9773. Let them know your policy details, accident facts, and any concerns you have.