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?

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 suing 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. Under Louisiana law, 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.

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What Is Louisiana’s “No Pay, No Play” Law, and How Does It Matter?

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. Under this law:

• If you did not have valid liability insurance, you may not recover the first portion of your damages for bodily injury or property damage.
• Before August 1, 2025, the limits were $15,000 for bodily injury and $25,000 for property damage.
• Starting August 1, 2025, the law changes so that the first $100,000 for bodily injury and the first $100,000 in property damage may not be recoverable by uninsured drivers.

Exceptions: The “No Pay, No Play” law does not always apply. Some exceptions include:

• If the at-fault driver was convicted of DUI or pled no contest.
• If the at-fault driver intentionally caused the crash.
• If the at-fault driver fled the scene (hit-and-run) or was committing a felony at the time.
• If your vehicle was legally parked when hit.
• If you were a passenger (without ownership interest) in an uninsured vehicle.
• If you are an out-of-state driver who maintained lawful insurance under your home state.

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What Is the Process After Filing With My Own Insurer?

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.

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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.

• 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.

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

• 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?

• 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?

• 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, you should touch base with your lawyer or case manager. Let them know your policy details, accident facts, and any concerns you have.