Will Your Rates Go Up If You Were Not at Fault
If the other driver was truly at fault and you file the claim with their insurer, your own rates generally should not go up.
What actually decides whether your rate moves
- Who you file with Filing with the at-fault driver's insurer keeps the claim off your own policy's record. Filing with your own insurer first, even for a clearly not-at-fault accident, can still show up as a claim you made.
- Fault has to be decided If fault is disputed or unclear, your insurer may treat it as a shared or open question until it's resolved. Get a police report and any witness information so fault is documented early.
- Your own insurer's rules Some insurers promise not to raise rates after a not-at-fault accident, others handle it case by case. Call and ask directly how a not-at-fault claim is treated before you decide how to file.
- Using your own coverage Sometimes you use your own policy for speed, like a rental or quick repairs, then get reimbursed later. Ask your insurer in writing whether that claim will be coded as not-at-fault so it doesn't count against you.
- State rules on surcharges Some states limit or ban raising rates after accidents that weren't your fault. Check your state's insurance department rules so you know what protection you actually have.
A rear-end collision at a stoplight
You're stopped at a red light and another car hits you from behind. The police report names the other driver at fault, so you call their insurance company to open a claim for your repairs and a rental car. The adjuster is slow to respond, so out of frustration you also call your own insurer to ask about using your collision coverage instead, just to get moving faster.
Your insurer tells you that if you use your own collision coverage, the claim will show on your record, even though you'd be reimbursed later once the other insurer pays. Knowing that, you decide to wait a few more days for the at-fault driver's insurer instead of switching. The claim gets paid through their policy, your own insurer never opens a claim file against you, and your next renewal comes through with no change tied to this accident.
Knowing this protects your rate, compare quotes now to see what a clean record is really worth.
Filing with the at-fault driver's insurer versus your own
If you do
You open the claim directly with the other driver's insurer. Your own policy stays untouched, no claim appears on your record, and your renewal reflects your normal driving history. It can take longer to get repairs or a rental approved while their adjuster investigates fault and damage.
If you don't
You file with your own insurer first for speed. Even though you weren't at fault, the claim may appear on your record while open, and insurers code it differently. You'll likely get reimbursed once fault is confirmed, but the claim's existence may still show up when you shop for new coverage.
Why fault determines what happens to your rate
Insurance rates are built around risk, and risk is tracked through who caused accidents, not just who was involved in them. When another driver is clearly at fault and you file with their insurer, the claim gets paid out of their policy and tied to their driving record, not yours. Your own insurer has no reason to treat you as a higher risk because nothing in the claim reflects a mistake you made.
The complication is that "clearly at fault" isn't always immediate. Fault often gets determined through a police report, witness statements, or sometimes a back and forth between the two insurance companies. Until that's settled, your own insurer may log the event as an open claim under your name, especially if you reported it to them first or used your own coverage to get moving quickly.
This is also where state rules and individual insurer policies create real differences. Some states have rules preventing insurers from raising rates after accidents where their customer wasn't at fault. Other states leave this entirely up to the insurance company. Insurers themselves vary too, some have explicit policies protecting not-at-fault customers, others evaluate each claim individually, weighing things like how many claims you've filed recently regardless of fault.
The cases where your rate still moves usually involve ambiguity. Shared fault, a slow or contested claims process, or filing through your own policy out of convenience can all create a paper trail that looks like a claim against you, even if you're eventually reimbursed in full. Knowing this ahead of time lets you choose the filing path that keeps that paper trail as clean as possible.
What if the at-fault driver has no insurance or not enough coverage?
Then you'll likely need to use your own uninsured or underinsured motorist coverage, which is a legitimate claim against your own policy. Whether this raises your rate depends on your insurer and state, since many treat uninsured motorist claims differently from at-fault claims. Check your policy documents or call your insurer directly to ask how they classify these claims specifically.
Should I give a recorded statement to the other driver's insurance adjuster?
You're not obligated to, and it's often safer to stick to basic facts rather than speculate about details you're unsure of. Adjusters sometimes use recorded statements to look for inconsistencies or admissions that shift fault. If you do give one, stay factual, avoid guessing about speed or distance, and consider asking for the questions in writing first if you're uncomfortable.
Can the at-fault driver's insurer deny my claim entirely?
Yes, if they dispute fault, claim their driver wasn't actually responsible, or argue your damages aren't related to the accident. This is more likely when there's no police report, no witnesses, or conflicting accounts. If this happens, you can file with your own insurer instead and let them pursue reimbursement from the at-fault insurer on your behalf.
