Should I go through at-fault party’s insurance or mine?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Mar 18, 2012

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Insurance Question from North Hollywood, CA

Asked on 03/18/2012

Should I go through at-fault party’s insurance or mine? I was in an auto accident where the other person lost control of their car and came across the double-yellow line and hit the front of my car and totaled it. We are both insured. Should I go through her insurance company or mine? Is there a difference?

Answer given on March 21, 2012

If you have an auto accident, and it is not your fault, you can go through your insurance company for the repairs and then your insurance company will subrogate against the other party’s insurance for the amounts paid out. However, your deductible will apply until your insurance company gets reimbursement for the amount paid.By going through the other party’s insurance, then any payments will be for the full amount due you for the damages to your car, so you are not out your deductible. In addition, you might be entitled to a rental car while the insurance company is determining the settlement amount. If you don’t have rental reimbursment on your insurance, you would have to pay for this out of pocket until everything is settled.Sometimes the other insurance company will not be as fast in responding to the claim and settlement, so there is the convenience factor of using your own insurance company. You might start with the other insurance company and if they are not cooperating, go to your insurance company to get things moving.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

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