Getting into a car accident is stressful enough. But finding out that someone has filed an insurance claim against you can make the situation even more overwhelming. You may wonder: What does this mean for me? Will my insurance rates go up? Do I need to hire a lawyer? What if the claim isn’t true?
The good news is that once you understand the process, you’ll feel more in control. In this guide, we’ll walk you step by step through what happens when someone files a car insurance claim against you, what you should do right away, and how to protect yourself in the long run.
First Things First: What Is an Insurance Claim?
An insurance claim is a request for payment that someone makes to an insurance company after an accident. When another driver files a claim against you, they’re saying that you were responsible for the crash and that your insurance company should pay for their losses.
These losses can include:
- Medical bills (doctor visits, hospital stays, physical therapy)
- Property damage (repairs to their vehicle or replacement if it’s totaled)
- Lost wages (if they missed work due to injuries)
- Pain and suffering (non-economic damages related to stress, pain, or reduced quality of life)
If you live in a no-fault state, things may work differently. In those states, drivers usually file claims with their own insurance companies for certain damages, no matter who was at fault. But even in no-fault states, serious injuries or property damage can lead to claims being filed against the other driver’s policy.
How Do You Know if Someone Filed a Claim Against You?
You won’t be left in the dark. If a claim is filed against you, your insurance company will contact you. An insurance adjuster (an employee who investigates accidents) will usually call, explain that a claim has been made, and ask you questions about the accident.
In some rare cases, the other driver might try to contact you directly by email, phone, or letter. If that happens, don’t try to negotiate with them yourself. Tell your insurance company immediately and let them handle it.
What You Should Do Right After an Accident
Even before a claim is filed, your actions at the accident scene can make a big difference.
- See a doctor immediately – Even if you feel fine, some injuries (like whiplash or internal injuries) show up later. Medical records also serve as important evidence if you end up in a legal dispute.
- Gather evidence – Take photos and videos of everything: the vehicles, damage, skid marks, road conditions, weather, and any visible injuries. Collect witness names and contact information.
- Exchange information – Swap driver’s licenses, insurance details, and vehicle registration with the other driver.
- Watch what you say – Keep your conversation short and calm. Don’t admit fault, even if you think you caused the accident. Fault is not always clear in the moment, and admitting guilt can make things harder later.
- Call your insurance company – Report the accident as soon as possible. Many insurance policies require you to notify them right away. If you wait too long, your insurer might deny coverage.
What Happens After a Claim Is Filed Against You
Once the other driver files a claim, here’s what usually happens step by step:
- Insurance notification – Your insurance company tells you a claim has been filed.
- Investigation – An insurance adjuster reviews police reports, photos, medical bills, and your version of events. They may also speak to witnesses.
- Inspection – The adjuster inspects the damage to vehicles or property.
- Liability decision – Based on their findings, the insurance company decides who was at fault (you, the other driver, or both of you).
- Settlement offer – If you’re found at fault (fully or partially), your insurance company may offer the other driver a settlement payment.
The good news? Your insurance company handles most of the process for you. In most cases, you don’t have to argue directly with the other driver or negotiate payments yourself.
Types of Claims You Might Face
When someone files a claim against you, it usually falls into one of three categories:
1. At-Fault Claims
This means you are considered fully responsible for the accident. For example, you rear-ended another driver because you were distracted. In this case, your insurance will pay for the other driver’s damages.
2. Partial-Fault Claims
Sometimes, both drivers share blame. Maybe you were speeding, but the other driver ran a stop sign. If you’re found to be 70% responsible and the other driver 30%, your insurer will pay a percentage of the damages.
3. Non-Fault Claims
These are claims you file against someone else. For example, another driver crashes into you while running a red light. In that case, their insurance should pay you.
Will Your Insurance Premiums Go Up?
Most likely, yes. When a claim is made against you and your insurer pays out, your rates often rise. This is because insurance companies see you as a higher risk.
The increase depends on:
- How much your insurer paid the other driver
- How much fault you were assigned
- Your previous driving and claims history
- Whether your policy has accident forgiveness
On top of higher premiums, you might also lose your no-claims bonus (if your policy includes one).
How to Lower Your Rates After a Claim
If your premiums go up, don’t panic. Here are a few ways to bring them back down:
- Ask about discounts – Many insurers offer safe driver discounts, bundling discounts, or loyalty rewards.
- Shop around – Get quotes from other insurers. Sometimes switching providers helps.
- Take a defensive driving course – Some insurers reduce rates if you complete one.
- Dispute unfair claims – If you believe the claim was false, proving that can prevent or reverse a rate increase.
- Be patient – Over time, past claims stop affecting your rates.
What if the Claim Against You Is False?
Unfortunately, false or exaggerated claims do happen. Maybe the other driver claims injuries that didn’t exist or blames you for an accident you didn’t cause.
If you believe the claim is false, here’s what to do:
- Tell your insurance adjuster immediately – Let them know you dispute the claim.
- Provide evidence – Share photos, witness statements, or police reports that support your version of events.
- File a dispute – Many insurers have formal dispute or appeal processes.
- Get legal help if needed – If the situation escalates or a lawsuit is filed, a car accident attorney can protect your rights.
Remember: false claims can hurt your record and raise your rates, so don’t ignore them.
What If the Claim Leads to a Lawsuit?
Most claims are resolved through insurance negotiations. But sometimes, if the other driver isn’t satisfied with the settlement, they may file a lawsuit against you.
If this happens:
- Your insurer provides a lawyer – Most auto insurance policies include legal defense if you’re sued.
- Stay cooperative – Respond promptly to your insurer and lawyer. Provide all requested documents.
- Don’t talk directly to the other party – Let your lawyer and insurer handle communication.
Common Mistakes to Avoid
When a claim is filed against you, these mistakes can make things worse:
- Admitting fault too early – Fault isn’t always obvious at the scene.
- Delaying reporting the accident – Waiting days or weeks may violate your policy.
- Ignoring your insurer’s calls – Stay responsive and provide honest details.
- Not keeping records – Save all photos, receipts, and communication.
- Handling it alone – If things get complicated, an attorney can make a big difference.
When Should You Call a Lawyer?
Not every insurance claim requires legal help. But you should consider speaking with an attorney if:
- The accident caused serious injuries or large damages.
- You believe the claim is false or exaggerated.
- The insurer denies coverage or delays unreasonably.
- A lawsuit is filed against you.
- You suspect bad faith behavior by your insurance company (like refusing to investigate properly or unfairly denying a claim).
A lawyer can protect your rights, negotiate fair settlements, and guide you through court if needed.
Key Takeaways
- If someone files an insurance claim against you, your insurance company will notify you and handle most of the process.
- Always report accidents quickly, even if you’re unsure a claim will be filed.
- Insurance claims can raise your premiums, but there are ways to lower them again.
- False claims can be disputed if you gather and provide strong evidence.
- In complicated cases, having an attorney on your side can help protect your financial future.
Final Thoughts
Having an insurance claim filed against you can feel overwhelming, especially if you’ve never been in this situation before. The important thing is not to panic. Your insurance company is there to handle most of the work, but you play an important role in protecting yourself by reporting the accident quickly, keeping records, and staying careful about what you say.
If things become complicated—like a false claim, denied coverage, or a lawsuit—don’t hesitate to get professional legal advice. With the right steps, you can protect yourself, minimize financial damage, and move forward with peace of mind.