Should I Use My Insurance or the Other Driver’s Policy?

After a car accident, one of the biggest questions is: “Whose insurance should I use?” Do you file a claim with your own insurer, or go directly through the other driver’s company?

The answer isn’t always straightforward — and making the wrong move can delay your claim or cost you money. Here’s how to figure out which policy to lean on after a crash.

1. Using Your Own Insurance

Filing with your insurer is often the fastest and safest option, especially when:

• The other driver disputes fault.

• The other driver’s insurer is dragging their feet.

• You have collision coverage that pays for repairs regardless of fault.

• You carry medical payments coverage (MedPay) or personal injury protection (PIP) for medical bills.

The upside: your insurer fights for you, then may recover costs from the other party later (a process called subrogation).

2. Using the Other Driver’s Insurance

If the other driver was clearly at fault, their policy is typically responsible for:

• Vehicle repairs.

• Medical bills.

• Other damages, like lost wages.

But beware: the other driver’s insurer has no loyalty to you. They may delay, deny, or minimize payouts to protect their bottom line.

3. When to Use Both

In many cases, you’ll use both insurers at different stages:

• Your insurance handles immediate needs (repairs, medical bills, rental car).

• The other driver’s insurer reimburses later if they’re proven at fault.

This ensures you’re not left waiting while companies argue over responsibility.

4. The Risk of Going Straight to the Other Driver’s Insurer

People sometimes think bypassing their own insurance avoids premium hikes. But:

• If you delay filing with your insurer, you could violate your policy requirements.

• If the other driver’s insurer refuses liability, you could end up stuck with no coverage.

It’s usually safer to file with your own insurer first, then let them pursue the other side.

5. Bottom Line: Protect Yourself First

Your insurer is contractually obligated to you. The other driver’s insurer? Not so much. Starting with your insurance gives you protection, options, and documentation while the rest gets sorted out.

The Bottom Line

Don’t gamble with coverage after a crash. Use your insurance to protect yourself immediately, and let the companies sort out who ultimately pays.

👉 If you’ve been injured in a car accident and aren’t sure which insurance to use, fill out our quick questionnaire. FindLawFast will connect you with the guidance you need.

Disclaimer: This article is for general informational purposes only and should not be taken as legal or financial advice. Insurance coverage varies by policy and state. Always consult with a qualified professional for guidance on your specific situation.