How to File a Claim Against the Other Driver's Insurance

Key Takeaways

• A third-party claim uses the at-fault driver's liability insurance to pay for your damages — it is separate from a first-party claim, which uses your own policy.
• You can file a third-party claim yourself by contacting the other driver's insurer directly, using the information exchanged at the scene.
• Third-party claims typically do not raise your own insurance rates, but they usually take longer because the other insurer must investigate liability first.
• Still notify your own insurer even if you're filing a third-party claim — they can help coordinate and may need to know regardless.
• If the at-fault driver has no insurance or not enough coverage, your own uninsured/underinsured motorist coverage may need to step in instead.

What is a third-party claim?

A third-party claim is a claim you file with someone else's insurance company after they cause an accident, rather than filing with your own insurer, as the Insurance Information Institute and Progressive both explain. If another driver hits you and is found at fault, you can file a claim directly with their insurance company to cover your vehicle damage, medical bills, and other accident-related losses, using their liability coverage.

This is different from a first-party claim, where you use your own policy (for example, your collision coverage) regardless of who caused the accident.

Third-party claim vs. filing with your own insurer

Both paths can get your car repaired and your medical bills paid, but they work differently:

• Third-party claim (their insurer): No deductible if it's approved. Takes longer because the other insurer must investigate and confirm liability first. They represent their policyholder, not you, so the process can involve more pushback.
• First-party claim (your insurer): Faster, since your own insurer doesn't need to investigate fault as thoroughly before advancing payment. You pay your deductible up front, but your insurer can pursue the at-fault driver's insurer afterward through subrogation — and often gets your deductible back if they succeed.

Many drivers use their own collision coverage first (to get repairs moving quickly) and let their insurer recover the cost through subrogation, rather than waiting on the other insurer's investigation.

How to file a third-party claim — step by step

1. Gather information at the scene. Get the at-fault driver's name, insurance company, policy number, license plate, and license number. Take photos of the damage, the scene, and both vehicles. For the full scene checklist, see our guide on what to do after a car accident.
2. File a police report if you haven't already. A neutral, official report is one of the most useful pieces of evidence when the other insurer investigates fault.
3. Notify your own insurer, even if you plan to file with the other driver's company. As Progressive notes, your own insurer can help coordinate with the at-fault driver's insurer to determine fault, and in some cases can help start the claim.
4. Contact the at-fault driver's insurance company directly. You can typically do this by phone or through their online claims portal, using the information exchanged at the scene. Explain what happened and provide the basic facts — date, location, and vehicles involved.

5. Cooperate with their investigation, but stay factual. The adjuster will review the police report, interview their insured, examine photos, and may inspect the vehicle. Be responsive, but you're not obligated to give a recorded statement to the other driver's insurer. For guidance on what to say, see our guide on what to say (and not say) to an insurance adjuster.
6. Submit documentation of your losses — repair estimates, medical bills, lost-wage records — as they become available. Property damage and injury claims are often handled by different adjusters and move on different timelines.
7. Negotiate the settlement. The first offer is rarely the final one. For the full negotiation process, see our guide on how to negotiate an insurance settlement.

What if the other driver's insurer disputes fault?

A third-party claim only pays out once the other insurer accepts that their policyholder was at fault. In clear-cut cases — a rear-end collision, a red-light violation caught by traffic camera, or an obvious police-report finding — insurers often accept liability quickly. In disputed cases, the process can take considerably longer.

If your state uses comparative fault rules, liability might be split between both drivers, which reduces (rather than eliminates) what the third-party claim pays. If the other insurer is pushing back hard on a claim you believe is clearly their driver's fault, that's a signal to consider consulting a car accident lawyer.

What if the at-fault driver has no insurance — or not enough?

A third-party claim is only possible if the at-fault driver actually has liability insurance. If they don't, or their policy limits aren't enough to cover your losses, a third-party claim alone won't make you whole. This is where your own uninsured/underinsured motorist coverage comes in — it lets your own insurer step in and pay for the gap, as if you were filing a first-party claim.

Will a third-party claim raise my insurance rate?

Generally, no. Since you're filing against someone else's policy rather than your own, a third-party claim you file typically does not affect your own premium. However, as Progressive notes, filing a third-party claim doesn't automatically protect the other driver from a rate increase — if they're found at fault, their own rate is the one affected, not yours.

Does no-fault insurance change this?

In no-fault states, injury claims usually go through your own personal injury protection (PIP) coverage first, regardless of fault. A third-party claim against the at-fault driver's liability coverage is often only available in no-fault states once your injuries or medical bills cross a certain threshold set by state law. Vehicle damage claims, however, are typically handled separately from PIP and can usually still be filed as a third-party property-damage claim even in no-fault states.

Should you hire a lawyer for a third-party claim?

Many straightforward third-party claims — clear fault, moderate property damage, no injuries — can be handled without a lawyer. Consider consulting one if:

• Liability is disputed or unclear
• You have significant injuries or ongoing medical treatment
• The other insurer is delaying, lowballing, or denying a claim that seems clearly their driver's fault
• The at-fault driver's policy limits may not cover your total losses

Since car accident attorneys typically work on contingency, there's no upfront cost to at least get an opinion on your case.