Imagine this scenario: Someone hit your car and it’s clearly their fault. You now have the option to file a claim directly with their insurance company to get your car fixed and your expenses covered. This is called a third-party claim.
If this sounds like your situation, you’re not alone. Jerry has helped 1,012,327 drivers compare car insurance quotes in the past year, and many have faced this exact scenario. Here’s what we’ve learned about filing a claim with another driver’s insurance – step by step – and what to do if things don’t go smoothly.
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How to file a third-party claim
A third-party claim is when you file with the at-fault driver’s insurance company, not your own, to pay for damages they caused.
Their liability insurance can cover your car repairs, medical bills, rental cars, lost wages and even pain and suffering depending on their coverage limits and state laws.
Here’s how to navigate the process and protect yourself along the way:
📞 Notify your own insurer first. Even though you’re filing with the other driver’s insurance, most policies require you to report accidents – and your insurer can often file the claim on your behalf.
📝 Contact the at-fault driver’s insurance. File online, by phone or let your insurer handle it. You’ll need the other driver’s policy information and a description of what happened.
🎙️ Give your statement carefully. The other insurer’s goal often is to pay as little as possible. Stick to the facts, avoid admitting any fault and don’t say “I’m fine” if you have injuries.
🔍 Let them investigate. An adjuster will review evidence, determine fault and assess your car damage. This can take time, from a few days to several weeks. The adjuster may inspect your car in person or review photos. You have the right to choose your own repair shop, even if they suggest one.
💰 Review the settlement offer. If their driver is at fault, you’ll receive an offer covering repairs, rental costs and medical expenses. Don’t feel pressured to accept – you can negotiate. If the offer seems low, present additional estimates or request a re-inspection. For significant claims, consider consulting an attorney.
Key takeaway: Notify your own insurer first because they can often file the claim for you. Stick to the facts when giving statements, and don’t accept a low settlement offer without negotiating.
When to file a claim against another driver
Not sure whether to file with the other driver’s insurance or your own? Here’s when each option makes the most sense.
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The other driver is clearly at fault.
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You want to avoid a potential rate increase. Filing with your own insurance could affect your premium.
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You have injuries and live in an at-fault state.
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The other driver is uninsured or underinsured and your policy includes uninsured motorist coverage.
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Fault is disputed. If the other insurer won’t accept liability, your collision coverage can get your car fixed faster.
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You live in a no-fault state. For injury claims, you’ll need to start with your own PIP coverage.
Key takeaway: File with the other driver’s insurance when fault is clear. Use your own coverage if the other driver is uninsured, fault is disputed or you live in a no-fault state.
How Jerry can help you find the right coverage
Dealing with another driver’s insurance is stressful enough, so don’t let gaps in your own coverage make it worse. If the at-fault driver is uninsured or their insurer denies your claim, having the right protection on your own policy can be the difference between a quick fix or a financial headache.
Jerry makes it easy to compare quotes from over 50 insurers in minutes, so you can make sure you’re covered before you ever need to file a claim. Simply answer a few questions to see side-by-side quotes. You can then quickly buy your policy in the app.
Tips for a successful claim
A little preparation can make a big difference when filing a third-party claim. Follow these tips to strengthen your case and avoid common pitfalls.
📸 Document everything. Take photos, keep receipts and save all correspondence – the more evidence, the harder it is to dispute your claim.
📋 Get a police report. This official record often includes the officer’s assessment of fault and is one of the most important pieces of evidence.
🗣️ Be careful what you say. Don’t admit fault or apologize at the scene. Stick to the facts and let the evidence speak.
⏰ File promptly. Report the accident as soon as possible since delays can give insurers a reason to question or deny your claim.
💰 Don’t accept the first offer. Adjusters often start low, so get your own repair estimates and don’t be afraid to negotiate.
📞 Follow up regularly. Check in with the adjuster, respond quickly to requests and keep records of all communications.
Key takeaway: When filing a claim against someone else’s insurance, be sure to document everything, file promptly, stick to the facts and not accept the first settlement offer.
What to do if the claim is denied
Insurance companies deny claims for various reasons, but a denial doesn’t mean you’re out of options. Here’s why claims get denied and what you can do about it.
Common reasons for denial:
⚖️ Disputed liability. They claim their driver wasn’t at fault or that you share some fault.
📄 Insufficient evidence. There’s no police report, witness statements or photos to prove what happened.
🚫 Policy issues. The driver’s policy has lapsed, excludes the coverage needed or doesn’t cover the person driving.
⏰ Delayed reporting. You waited too long to file the claim.
❌ Inconsistent statements. What you said doesn’t match the police report or other evidence.
Jerry recommends: Don’t give up after the first “no.” If your claim is denied, you can request the reason in writing, submit additional evidence, file with your own insurance, contact your state’s insurance department or pursue legal action.
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faq
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📋 Can I file a claim with someone else’s insurance?
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📞 Do I need to tell my own insurance company?
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💵 Will filing a third-party claim raise my rates?
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⏰ How long do I have to file a claim?
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⚠️ What if the other driver doesn’t have insurance?
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⚖️ What if the other driver’s insurance denies fault?
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🚗 Can I get a rental car while my car is being fixed?
Methodology
Data included in this analysis comes from policies that Jerry has quoted within the last 6 months for drivers with a clean record and that have full coverage, unless stated otherwise. Data related to violations, accidents or credit scores pull from quote data from the last 18 months. Jerry services 48 states and offers a range of insurance companies to choose from.
Ben Moore is a writer and editor at Jerry and an auto insurance expert. He previously worked as a writer, editor and content strategist on NerdWallet’s auto insurance team for five years. His work has been published in The Associated Press, Washington Post, Chicago Sun-Times, MarketWatch, Nasdaq and Yahoo News. He also served as a NerdWallet spokesperson, with appearances on local broadcast television and quotes in Martha Stewart and Real Simple magazine.
Ben has an extensive background in digital marketing, working on affiliate and programmatic advertising campaigns for brands like Cabela’s, H&R Block and Sears. He holds a bachelors degree in marketing from Olivet Nazarene University.
