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Car accident not my fault: do I call my insurance?

Beverly Law
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Yes, in most cases you should tell your own insurance company about the crash, even when the other driver caused it. Your policy is a contract, and most policies ask you to report accidents promptly. Reporting is different from making a claim or giving a recorded statement. Give the basic facts: date, place, vehicles and the other driver’s information. Leave fault and injury details for later, after you have talked to a lawyer.

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Why tell your own insurer when you did nothing wrong

Your own policy may be the coverage that helps you most in the first weeks. If you bought MedPay, it pays reasonable medical expenses from the crash up to your limit, no matter who was at fault (California Department of Insurance). If the other driver has no insurance, your uninsured motorist coverage may step in. Those benefits can be harder to use if your insurer hears about the crash late.

Uninsured motorist bodily injury coverage comes with every California auto liability policy unless the policyholder signed a written agreement to delete it or lower it (Insurance Code 11580.2). Many people do not know they have it. Your insurer cannot help with coverage it never heard about, so a short, early report keeps those options open. If you worry about premiums, read whether your rates can go up.

What to say on the first call

Keep the first call short and factual. Give the date, time and place, the vehicles involved, the other driver’s name, insurance company and policy number, and the police report number if you have one. Ask for your claim number and write it down. If they ask whether you were hurt, you can say you are getting checked and will update them.

Avoid guessing. Do not estimate speeds, apologize, or say you feel fine before a doctor has seen you. Pain from a crash can show up hours or days later, as explained in how long injuries can take to appear. If the adjuster asks for a recorded statement, you can say you would like to talk to a lawyer first. Your own insurer still pays claims from its own money.

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Calling the other driver’s insurance company

The at-fault driver’s insurer is a separate call. You can open a property damage claim with them so they pay for your repairs, often without your deductible; see how deductibles work after a crash you did not cause. Their adjuster works for their customer, though. Expect questions aimed at lowering what they pay, and be careful with any request to sign a medical authorization or a release.

California’s minimum liability limits for policies issued or renewed on or after January 1, 2025 are $30,000 for one injured person and $15,000 for property damage (Vehicle Code 16056). If your injuries cost more than the other driver’s limits, your own coverage may matter. That is another reason to keep your insurer informed. Read more about making an underinsured motorist claim.

The DMV report and the deadlines

Calling your insurer does not replace the DMV report. If the crash caused any injury or death, or more than $1,000 in property damage, each driver must file form SR-1 with the DMV within 10 days, whether or not they were at fault (Vehicle Code 16000). Do not count on your insurer to file it for you. Keep a copy and note the date you sent it.

Deadline: in California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1), and a property damage suit within three years (Code of Civil Procedure 338(c)(1)). An uninsured motorist claim has its own two-year steps (Insurance Code 11580.2(i)). In Washington, the general deadline for an injury suit after a crash is three years (RCW 4.16.080).

What to do now

Get medical care today if anything hurts, and follow up. Take photos of the cars, the scene and your injuries. Write down witness names and phone numbers. Keep every claim number, yours and the other driver’s, in one place. Save receipts for medical visits, rides, medicine and car rentals. These small steps make every later conversation with an adjuster easier.

Do not sign a release or give a recorded statement to either insurance company before you talk to a lawyer. Call Beverly Law at (310) 552-6959 or use the form on this page. We can look at your policy, tell you which coverage applies and handle the insurance calls for you. You owe no fees or costs unless we win.

  • Get medical care and follow up if symptoms change.
  • Take photos of the vehicles, the scene and your injuries.
  • Write down witness names and phone numbers.
  • Keep every claim number and adjuster name in one place.
  • Do not sign a release or give a recorded statement before talking to a lawyer.
  • Save receipts for medical care, medicine, rides and car rentals.

Common questions

Do I have to report an accident to my insurance if it wasn’t my fault?

Most auto policies ask you to report any accident promptly, whoever caused it. The exact duty is written in your policy, so read the section on what to do after an accident. Reporting late can give the insurer a reason to push back if you later need MedPay or uninsured motorist benefits.

Will my insurance company deal with the other driver’s insurer for me?

Sometimes. If you use your own collision coverage, your insurer may pay you and then seek the money from the at-fault driver’s insurer. If you go straight to the other insurer, you handle that claim yourself, or a lawyer does it for you. Ask your adjuster which path they recommend.

Should I tell my insurer I was hurt?

Tell them you are getting medical care if you are. You do not need to describe your injuries in detail on the first call. Pain from a crash can show up hours or days later, so saying you are fine too early can be used against you later in the claim.

Can I just deal with the other driver’s insurance company?

You can, and for repairs that often makes sense. Still give your own insurer a short report. If the other driver turns out to be uninsured or underinsured, or disputes fault, you may need your own coverage, and late notice can complicate that claim.

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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.

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Related pages

Car accident not my fault: what to do · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · What to do after a minor car accident · All car and truck accident questions

Sources

  1. California Department of Insurance, Auto Insurance Terms glossary; policy terms
  2. Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
  3. Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
  4. Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
  5. Cal. Code Civ. Proc. § 335.1
  6. Cal. Code Civ. Proc. § 338(c)(1)
  7. Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
  8. RCW 4.16.080(2)

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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