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Should I file an insurance claim in North Carolina if it’s not my fault?

On Behalf of | Feb 6, 2025 | Car Accidents

Deciding whether to file an insurance claim can be tricky when you’re involved in a car accident in North Carolina, and it’s not your fault. In North Carolina, you can file a third-party claim with the at-fault driver’s insurance company if you’re not at fault in an accident. This means their insurance should cover the damages to your vehicle and any medical expenses. However, you also have the option to file a claim with your own insurance company, known as a first-party claim.

Benefits of filing a claim

Unless the damage is minimal and there are no injuries, it is generally best to file a claim. Some common reasons include:

  1. Coverage for damages: Filing a claim ensures that the damages to your vehicle and any medical expenses are covered. It can save you from paying out-of-pocket for repairs or medical bills.
  2. Legal protection: Filing a claim creates a formal record of the accident. This detail can be crucial if there are any disputes about the accident later on. It also helps protect you legally if the other driver files a claim against you.
  3. Speedier repairs: If you file a claim with your insurance company, they might cover the repairs faster than waiting for the at-fault driver’s insurance to process the claim.

The potential downsides

If you file a first-party claim, you might have to pay a deductible. However, your insurance company may seek reimbursement from the at-fault driver’s insurance, which could include your deductible. Still, your insurance premiums could increase, even if the accident wasn’t your fault. The change depends on your insurance company’s policies and your driving history. If it goes up, it will likely not be as much as if you caused the collision.

Steps to take after an accident

Even when you are not at fault, it is essential to do the following:

  1. Gather Information: Collect the other driver’s insurance details, take photos of the accident scene, and get contact information from any witnesses.
  2. Report the accident: Notify your insurance company as soon as possible. They can guide you through the claims process.
  3. File a police report: Having an official police report can be very helpful when filing a claim. It provides an unbiased account of the accident.

You can present all this information to the insurance company as proof of who caused the accident. After providing the information, drivers will likely need to follow up with the carrier to ensure there are no problems.

What if there is a dispute over fault or coverage?

It is common for insurance companies to dispute the cause of the collision. They do this for many reasons, but it generally comes down to protecting their profit margins. Innocent drivers can take legal action to hold them accountable.

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