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Why the fault decision matters
Insurers price policies on risk, and a crash you caused looks different in your file than one where someone hit you. What matters is what your insurer writes down. If the claim notes say fault is unclear, or that you share blame, that note can follow you at renewal time. Make sure the facts you give are accurate and complete from the first call.
California uses pure comparative fault, which means blame can be split between drivers by percentage (Li v. Yellow Cab Co.). An adjuster may try to assign you a small share even when the other driver ran a light or rear-ended you. Push back with evidence such as photos, the police report and witness statements. If police did not come, see what to do with no police report.
Reporting a crash does not mean you caused it
Some people skip telling their insurer because they fear a rate increase. That can backfire. Most policies ask for prompt notice of any accident, and if the other driver later turns out to be uninsured or sues you, late notice can create a coverage fight. A short, factual report protects you more than silence does. Read calling your own insurer.
The DMV report is a separate duty. A California driver in a crash causing injury, death or more than $1,000 in property damage must file an SR-1 with the DMV within 10 days, whether or not they were at fault (Vehicle Code 16000(a)). Filing it is required, and it does not decide who caused the crash. See what to do after a minor car accident.
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Using your own coverage after someone else’s mistake
You may need your own policy even when you did nothing wrong. MedPay, if you bought it, pays reasonable medical expenses up to your limit regardless of fault (California Department of Insurance). Uninsured motorist bodily injury coverage, which comes with California auto policies unless the policyholder signed a written waiver, can pay for injuries an uninsured driver causes (Insurance Code 11580.2).
Whether using these benefits affects your premium depends on your insurer’s rating plan. Ask the question directly and ask for the answer in writing. If an insurer raises your rate after a crash you did not cause, a lawyer can review the claim file and the explanation they gave you. The answer depends on the policy and the facts.
If your rate goes up anyway
Ask your insurer to explain the increase and to tell you which accident or claim they used. Sometimes the increase comes from something else, such as a general rate change, a new car or a move to a new address. If the crash is the reason, send them the police report and any written acceptance of fault from the other driver’s insurer.
Shopping for other coverage is also an option, but read new policies carefully before you switch, especially the uninsured motorist and MedPay limits. Changing insurers in the middle of an open claim can make follow-up harder, so ask a lawyer first if you have an injury claim pending. Related: do you pay your deductible.
What to do now
Gather the proof that the other driver caused the crash: photos, the police report number, the other driver’s insurance information and the names and phone numbers of witnesses. Get medical care if you are hurt and keep every receipt. Write down each claim number and the adjuster’s name. Keep all of it in one folder so you can send it quickly.
Do not give a recorded statement to the other driver’s insurer or sign a release before talking to a lawyer. Deadline: in California, an injury lawsuit generally must be filed within two years (Code of Civil Procedure 335.1). Call Beverly Law at (310) 552-6959 or use the form on this page, and we can review how your claim is being handled.
- 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
Is it better not to report a small accident to keep my rates down?
Skipping the report can cost more than a rate increase. If the other driver later claims you caused the crash, or you need your own coverage for injuries, late notice can create problems. The DMV SR-1 report is also required in California when the crash meets the injury or $1,000 damage threshold.
Does a claim against the other driver’s insurance affect my rates?
A claim you make against the at-fault driver’s insurance is paid from their policy. How your own insurer treats the crash depends on its rating plan and on whether it records the crash as your fault. Ask your insurer in writing how it classified the accident and keep the reply.
Will using MedPay raise my premium?
That depends on your insurer and your policy. MedPay pays regardless of fault, so using it does not mean you caused the crash. Ask your insurer before you file and get the answer in writing. Keep copies of the police report and photos that show the other driver caused it.
What if my insurer says I was partly at fault?
Ask for the reason in writing and send any evidence that shows otherwise, such as photos, witness names or the police report. Fault can be split by percentage in California, and even a small share can matter for your claim and your file. A lawyer can challenge the finding.
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Car and truck accident lawyer — Beverly Law
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.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · What to do after a car accident in California · What to do after a minor car accident · All car and truck accident questions
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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.