After an Accident Not at Fault: What to Ask Your Insurer

If another driver caused the crash, you still need a clear plan. The smartest move is to line up your claim path, get a rental quickly without overpaying, and protect your premium from unnecessary surcharges. This guide shows you the conversations to have with your insurer and the other driver’s company so you do not leave money on the table.

Your quick objectives

Pick a claim route that pays fastest and protects your rights
Secure a rental car and track “loss of use” days
Ask about diminished value and parts choice
Avoid premium hikes where state rules block surcharges

First step after any crash

Report the loss to your insurer promptly. They will explain coverage, timelines, and whether your policy can front payment and recover later from the at-fault insurer through subrogation. ^[ref]

Choose the best claim path for a not at fault crash

You usually have two main routes, and the right choice can change with the facts.

Claim route	When it helps most	What to ask your insurer	Key notes
Third party with the at fault driver’s insurer	Liability is clear and the other company is responsive	“Will they handle my rental and loss of use directly and at what daily limit”	State regulators often say the at fault carrier must reimburse reasonable loss of use during repairs or settlement. ^[ref]
First party with your own insurer	Disputed fault, slow responses, or you want speed	“Will you pay now under collision then subrogate and refund my deductible later”	Filing with your insurer can be faster. Many states and insurers explain you can choose either path if you have the coverage. ^[ref]
PIP or MedPay for injuries	Medical bills or wages need quick benefits	“What are my PIP or MedPay limits and do they apply regardless of fault”	No fault style PIP pays your medical costs irrespective of fault in PIP states. MedPay can do something similar where offered. ^[ref]

Five questions to ask on day one

Should I file with you or the other driver first based on our facts and my coverages
Why it matters: Your carrier can guide you and still recover from the at fault insurer through subrogation if they pay first. ^[ref]
How do I get a rental today and who is paying
Why it matters: The at fault insurer commonly owes reasonable loss of use. If liability is pending, your own rental reimbursement can bridge the gap and later be recovered. ^[ref]
Can I choose my own repair shop and parts type
Why it matters: Many states protect your right to pick the repair facility and require itemized estimates. Ask about OEM versus alternative parts rules. ^[ref]
Do I qualify for a diminished value claim
Why it matters: After major repairs, many buyers discount a vehicle that has a crash history. Third party diminished value is often recoverable. ^[ref]
Will this affect my premium at renewal
Why it matters: Some states limit surcharges to at fault accidents above set thresholds. Ask how your company treats not at fault claims where you live. ^[ref]

Rental car and “loss of use” without headaches

When you are not at fault, the other driver’s insurer is generally responsible for your reasonable substitute transportation during repairs or until a total loss settlement is offered. Some state regulators say this explicitly. If liability takes time to confirm, you can use rental reimbursement on your own policy and your company can seek repayment later. Keep every receipt and record the days the car is down. ^[ref]

What to log

Drop-off and pick-up dates
Daily rental rate and fees
Body shop work orders and delays
Settlement date if totaled

Ask the adjuster

Direct billing with a partner rental company
Daily max and vehicle class allowed
Extension process if parts are on backorder

A quick road tip for safer pricing

Compact car parked in daylight on a neighborhood street, suitable for everyday commuting

When you compare estimates, confirm your garaging address and annual mileage are accurate. Insurers use those rating factors to price premiums, so a wrong address or usage may lead to a later adjustment that you did not plan for.

Diminished value, parts, and shop choice

Even with excellent repairs, many cars are worth less after a significant crash. That loss in market value is called diminished value. In most places, you pursue diminished value as a third party claim against the at fault driver to be made whole. Ask your adjuster how to document pre-loss value, repair scope, and post-repair comparables. ^[ref]

Consumer protections also include your right in many states to select the repair shop and to receive itemized estimates. If a carrier suggests a preferred shop, that is often for convenience and service guarantees, but you can decline and choose your own. Clarify whether your state limits “steering” and how parts selection works in your repair plan. ^[ref]

Will a not at fault claim raise my premium

It depends on state rules and your insurer’s plan. Some states limit surcharges to at fault accidents that meet certain dollar or injury thresholds. Always ask your company to explain how your state handles not at fault incidents and whether any accident forgiveness or merit rating rules apply. ^[ref]

To help your wallet either way, review these cost controls:

Compare liability and full coverage choices if your car is older and financed versus paid off. ➜ Liability vs full coverage break even
Right size your deductibles to fit your risk tolerance and cash cushion. ➜ Deductible 500 vs 1000
Use telematics to earn safe driving discounts in participating states. ➜ Telematics savings guide
Decide how to pay for possible payment plan savings. ➜ Pay in full vs monthly

What to say on the phone or in the app

Use this checklist to keep your claim on track.

Coverage and route
“Please review my coverages and recommend whether I should file first party with you or third party with the other insurer. If you pay first, will you subrogate and refund my deductible if recovered.” ^[ref]
Rental and loss of use
“I need a rental starting today. Can you arrange direct billing. If not, what daily limit will be reimbursed and for how many days. If liability is pending, can I use my rental reimbursement and have you recover it later.” ^[ref]
Repair shop and parts
“I would like to use my chosen body shop. Please send the estimate and parts plan. Let me know any state rules about steering and parts disclosure.” ^[ref]
Diminished value
“Based on repair scope, do I have grounds for a diminished value claim. What documentation would you require to evaluate it.” ^[ref]
Premium impact
“Will this not at fault loss be surchargeable in my state. If not, please confirm in writing. If yes, help me understand the timeline and how to mitigate it.” ^[ref]

Extra context if you are in a no fault or PIP state

In no fault systems, your own PIP benefits handle medical costs and some wage loss regardless of fault, and the right to sue for pain and suffering can be limited unless an injury threshold is met. Even in those states, property damage claims typically proceed against the at fault driver. Ask your insurer to spell out how PIP coordinates with third party claims where you live. ^[ref]

External resource

Insurance Information Institute overview of filing claims and understanding options. It is a clear consumer explainer you can keep bookmarked. ^[ref]

Bottom line

Being not at fault does not mean every step is automatic. Report the loss quickly, choose the claim route that pays fastest, document your rental and repair days for loss of use, and ask about diminished value. Confirm your right to choose the repair shop and push for clarity about surcharges in your state. Those questions keep your transportation moving and your premium protected.