The short answer is yes, you should always report any accident to your insurance company, even when you are certain the other driver was at fault.
Think of it not as an admission of guilt, but as a protective measure. In Texas, which is an at-fault state, the other driver is financially responsible for the damages they cause. However, notifying your own insurer opens up options if the at-fault party's insurance proves to be uncooperative or, worse, if the driver is uninsured.
The process is rarely as straightforward as it should be, however. The other driver’s insurer may delay payment, dispute who was truly at fault, or present a settlement offer that falls far short of covering your medical bills and property damage. Many drivers report deep frustration with slow-moving settlements and a general lack of cooperation from the at-fault party's insurance carrier.
Reporting the accident to your own insurer creates a pathway to getting your car repaired and your medical bills paid through your own coverage. Your company then takes on the task of pursuing the at-fault party for reimbursement. A personal injury attorney manages this entire process for you, ensuring your rights are protected from the very beginning.If you have questions about what to do after a car accident in Texas, the team at AP Law Group is here to provide clarity. Call us at (713) 913-4627 for a no-cost consultation.
Key Takeaways for Reporting a Not-At-Fault Accident
- Always report the accident to your own insurer. This action protects you and activates your own coverage options, such as Personal Injury Protection (PIP) or Uninsured Motorist (UM/UIM) coverage, which is essential if the at-fault driver's insurer delays payment or if the driver has no insurance at all.
- Texas law offers protection against rate hikes for not-at-fault claims. While not an absolute ban, state rules prevent insurers from using a single not-at-fault claim as the sole reason to increase your premiums, giving you a strong reason to use the coverage you pay for without fear of automatic penalties.
- An attorney manages the entire claims process. A lawyer handles all communications with both insurance companies, investigates to prove fault, and negotiates for full compensation, allowing you to focus on your recovery without the stress of dealing with adjusters.
Why Is It a Good Idea to Notify My Own Insurer?
After a collision that wasn't your fault, your focus is on recovery, not on a drawn-out battle with an insurance company. Yet, the at-fault driver's insurance provider has a primary goal that may conflict with yours: to pay out as little as possible on your claim. They are a business, which means they must balance paying fair claims with protecting their bottom line.
This business reality directly affects your financial and physical recovery. Their investigation will search for any evidence they use to argue you were partially to blame for the crash. Under Texas's rule of comparative fault, if you are found even 10% responsible, your final compensation is reduced by that amount. If they argue you are 51% or more at fault, you are barred from recovering anything at all.
You might also discover you are dealing with an uninsured or underinsured driver, a situation that is unfortunately common. This leaves you with no direct source to recover your losses from. Even if the other driver is insured, their company may simply not cooperate, dragging the process out for months while your medical bills accumulate and you are left without a vehicle.
Reporting the accident to your own insurance company is the solution that puts you back in control.
- It Activates Your Own Coverage: Notifying your insurer allows you to make a first-party claim, using the benefits you've paid for.
- Collision Coverage: This pays for your vehicle repairs, minus your deductible. Your insurer will then work to get that money back—including your deductible—from the at-fault party.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is your financial safety net if the other driver has no insurance or not enough to cover the full extent of your injuries.
- Personal Injury Protection (PIP): In Texas, most policies include PIP coverage, which pays for your initial medical bills and a portion of lost wages up to your policy limit, no matter who was at fault.
- It Fulfills Your Contractual Duty: Your insurance policy is a contract. Most contain a clause that requires you to report any accident in a timely manner. Failing to do so could give them a reason to deny coverage related to this incident.
- It Creates a Record: Your call establishes an official, time-stamped record of the accident from your perspective. This initial account becomes valuable evidence as the claim progresses.
How Should I Report the Accident to My Insurer? What Do I Say?
Now comes the tricky part. You don’t want to jeopardize your claim, so stick to this basic rule: provide the necessary facts, not your opinions or speculations.
Everything you say will be documented in a claim file and is referenced later by both your insurer and the other driver's insurance company.
Here’s a more detailed breakdown:
Do:
- Stick to the facts. Provide the date, time, and location of the accident. Give the names, contact information, and insurance details for the other drivers involved. If you have the police report number, provide it.
- Describe the damage simply. For example: "There is damage to the front bumper and hood." When asked about injuries, be honest but reserved. "My neck and back are sore, and I am going to see a doctor."
- State that you were not at fault. You should calmly and clearly state that the other driver was responsible. For instance: "The other vehicle failed to yield at the stop sign and struck my car on the passenger side."
Don't:
- Apologize or accept any blame. A simple "I'm sorry" is often misinterpreted by an adjuster as an admission of fault, even if you were just being polite.
- Guess or speculate. If you do not know the answer to a question, it is perfectly acceptable to say, "I'm not sure at this time." This is particularly true for injuries. Avoid saying "I'm fine," as many serious injuries have delayed symptoms. Instead, say, "I'm seeking medical attention."
- Give a recorded statement without preparation. The other driver's insurance company will almost certainly ask you for a recorded statement. You are under no obligation to provide one immediately. It is always a wise decision to speak with an attorney before you agree to be recorded.
Before you make the call, gather your policy number, the other driver's information, and the police report number if you have it. Keep the conversation concise, factual, and focused on reporting the event.
Will My Insurance Rates Go Up if I File a Claim for an Accident I Didn’t Cause?
It’s a valid concern. Nationally, some studies have shown that drivers sometimes see their rates increase even after a not-at-fault accident. Insurers may use complex risk models that view any claim activity, regardless of fault, as an indicator of a higher likelihood of future claims.
However, Texas provides consumer protections in this area. The Texas Department of Insurance has established rules that limit an insurer's ability to penalize you for accidents you did not cause. An insurer cannot use a single not-at-fault claim as the sole reason to non-renew your policy or increase your premium. While Texas law does not completely forbid a rate increase after a not-at-fault accident, it provides a layer of protection against arbitrary hikes.
So, when might your rates still go up?
- Multiple Claims: If you have a history of several claims, even if they are all not-at-fault, an insurer's risk model might flag you as a higher-risk driver.
- Loss of Discounts: Some insurance policies offer a "claim-free" discount. Filing any type of claim may cause you to lose that specific discount, resulting in a higher overall premium.
- General Rate Adjustments: Your rates could increase for reasons that have nothing to do with your specific accident, such as statewide rate changes that affect all of an insurer's customers in a region.
When you weigh the possibilities, the financial risk of being unable to pay for your medical care or vehicle repairs—especially if the other driver is uninsured—is far greater than the small chance of a premium increase that may be restricted by Texas law.
What Happens After I Report the Accident? Understanding First-Party vs. Third-Party Claims
Once you report the accident, the gears of the insurance process begin to turn. Your case will proceed down one of two main paths.
Path 1: The Third-Party Claim
This is the most common route when the other driver is clearly at fault and is properly insured. A third-party claim is one you file directly with the at-fault driver's insurance company. The term "third-party" refers to you—you are not the policyholder (the first party) or their insurer (the second party).
In this process, you or your attorney will send a formal demand to their insurer for all of your damages. This includes your property damage, medical bills, lost wages, and compensation for pain and suffering. Their assigned adjuster will then investigate the claim, review the evidence, and eventually make a settlement offer.
The challenge here is that you have no contractual relationship with this company. Their legal duty is to their own client and their own shareholders, not to you. This dynamic is a common source of delays, disputes over fault, and low settlement offers that do not fully account for your losses.
Path 2: The First-Party Claim
This is a claim you file with your own insurance company, using the coverage you pay for. You might use your Collision coverage for car repairs, your UM/UIM coverage if the other driver fled the scene or has no insurance, or your PIP coverage for immediate medical bills.
When you use your own coverage, such as Collision, you will likely have to pay your deductible upfront to get the repairs started. After your insurer pays your claim, they will then seek reimbursement from the at-fault driver's insurance company. This process is called subrogation. If they are successful in recovering the money, you should be refunded your deductible.
The primary advantage of this path is that your insurance company has a contractual duty to treat you fairly. Denying or delaying your valid claim without a reasonable basis could be an act of bad faith. This process is usually faster and less contentious than dealing directly with the other driver's insurer.
Frequently Asked Questions About Not-My-Fault Accidents in Texas
Do I have to report an accident if the damage is minor?
It is always a good idea to report any accident, even if the damage appears minor. What looks like a small dent could be hiding significant frame damage. Similarly, minor soreness sometimes develops into a serious, long-term injury days later. Furthermore, Texas law requires you to report any accident that results in injury, death, or more than $1,000 in property damage.
How long do I have to file a personal injury claim in Texas?
In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. While that may seem like a long time, it is always better to act quickly to preserve evidence and witness memories while they are still fresh.
What if the other driver asks me not to report the accident and offers to pay cash?
Accepting a cash offer at the scene is almost never a good idea. The driver may be trying to hide the fact that they are uninsured, have a suspended license, or are intoxicated. The amount of cash they offer will rarely be enough to cover the full cost of vehicle repairs and any medical treatment that you may need later.
Does Texas require me to have PIP coverage?
Insurance companies in Texas are required to offer you Personal Injury Protection (PIP) coverage with any auto policy. To decline it, you must reject it in writing. It is a very useful coverage because it pays for your initial medical bills and lost wages quickly, regardless of who was at fault for the crash.
Can I still recover money if I was partially at fault for the accident?
Yes, as long as you were not 51% or more at fault for the collision. Under Texas's modified comparative fault rule, your total recoverable damages will simply be reduced by your assigned percentage of fault.
Let AP Law Group Handle the Insurance Companies
You did not choose to be in this accident, and you should not have to handle the complicated insurance claim process by yourself.
Our firm, AP Law Group, handles car accident cases for people in Houston and the surrounding communities. We understand the physical, emotional, and financial challenges you are facing after a serious crash.
Call AP Law Group today for a free, no-obligation consultation at (713) 913-4627.