The at-fault party can file an insurance claim for their own damages only if they have collision coverage as part of their auto insurance policy. Collision coverage typically pays for damage to your own vehicle resulting from an accident you caused, such as hitting another car or an object. Without collision coverage, the at-fault party's own damages are generally not covered by their insurance.
In a fault-based insurance system (common in many states), the at-fault driver’s liability insurance covers the other party’s damages, but not their own. If the at-fault driver wants to recover costs for their own vehicle damage, they must rely on collision coverage or pay out of pocket.
Filing a collision claim for your own damages may lead to an increase in your insurance premiums, although some insurers offer accident forgiveness programs that might prevent a rate hike for certain drivers or minor accidents.
In summary:
| Situation | Can At-Fault Party File Claim for Own Damages? | Notes |
|---|---|---|
| Has collision coverage | Yes | Insurance covers own vehicle damage |
| No collision coverage | No | Must pay out of pocket |
| Filing claim may increase rates | Possibly | Depends on insurer’s accident forgiveness |
Thus, the at-fault party’s ability to file a claim for their own damages depends on their insurance coverage type, primarily collision coverage.
🔴 Immediate Actions (Today or ASAP)
- Check your auto insurance policy documents or contact your insurance agent to confirm whether you have collision coverage.
- Gather all evidence related to the accident: photos of vehicle damage, police reports, witness contact info, and any communication with the other party.
- Do not admit fault or discuss fault details with the other party beyond exchanging basic information.
- If you have collision coverage, notify your insurance company promptly to start the claim process.
- If you do not have collision coverage, prepare to cover your vehicle repairs out of pocket or explore other options.
🟡 Short-Term Steps (This Week)
- Review your insurance policy for accident forgiveness or other programs that might prevent premium increases.
- Request a written estimate of repair costs from a trusted auto repair shop.
- If you plan to file a claim, keep detailed records of all communication with your insurer, including dates, times, and names of representatives.
- Consider getting quotes from multiple repair shops to compare costs.
- If you do not have collision coverage and the repair costs are high, explore payment plans or financial assistance options.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor your insurance premium after filing a claim to see if it increases; ask your insurer about how claims affect rates.
- Consider shopping around for insurance quotes to find better coverage or rates for the future, including collision coverage if you don’t have it.
- Maintain thorough records of the accident and repair process in case of disputes or future claims.
- Evaluate whether you want to adjust your coverage to better protect yourself from out-of-pocket costs in future accidents.
Your Legal Rights
- Under most state fault-based insurance laws, the at-fault driver’s liability insurance covers damages to the other party but not their own vehicle.
- If you have collision coverage, your insurer is generally required to cover your vehicle damage, subject to your deductible.
- You have the right to dispute repair estimates or claim denials with your insurer.
- You may be entitled to know how a claim affects your premium and whether accident forgiveness applies.
- You can choose to pay out of pocket instead of filing a claim if you want to avoid premium increases.
Where to Get Help
- Your Insurance Agent or Company: For details about your policy, filing claims, and premium questions.
- State Insurance Department: For complaints, disputes, or questions about insurance laws in your state. Find contact info at NAIC State Insurance Department Map.
- Legal Aid Organizations: If you need free or low-cost legal advice about insurance claims or disputes.
- Consumer Protection Agencies: For guidance on insurance consumer rights.
- Auto Repair Shops: For repair estimates and advice on vehicle damage.
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