Should I Claim on my policy or the other person

UPDATED: Sep 30, 2022

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Should I Claim on my policy or the other person

Two cars, sideswiped on the road, no police report, the same insurance company.
The insurance co wants to know if want to claim on our policy or the other
persons. No guilt has been established yet. What are the possible pros and cons
of making a claim on either policy? My damage is minimal, not sure about the
other person’s damage, but I know we will both get charged a small fortune to fix.

Asked on August 4, 2017 under Accident Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Claiming on your own policy. Pro: payment is automatic and typically faster--the other side/driver cannot challenge or delay it. Con: you will have to pay your own deductible.
Claiming on their policy. Pro: potentially, the full amount will be paid--you won't have to pay your deductible. Con: if the other side (other driver) disagrees with your assessment of fault, their challenge can delay payment; and IF the insurer concludes you were partially at fault, you may get less than 100% of the money (indeed; if they find you were wholly at fault, you would get nothing if claim against the other policy; when you claim against another person or their policy, fault is a factor or issue, which it is not under your own policy).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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