Do I File a Claim with My Insurance or Theirs After a Car Accident

Following a jarring car accident, a wave of confusion and pressure can be overwhelming. Your car is damaged, you are in pain, and you know you need to deal with insurance. You worry that one wrong phone call or missed step could jeopardize your ability to pay your medical bills and fix your vehicle. At Rosen Justice Injury Lawyers, we have seen firsthand how insurance companies use this uncertainty to protect their profits. We understand what you are going through and are here to provide the straightforward, honest answers you deserve.

should i file a claim with the other person's insurance

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What Is Pennsylvania’s Choice No-Fault Insurance System?

If you’re wondering, do I file a claim with my insurance or theirs after a crash in Pennsylvania? You’re not alone, and the answer is not as straightforward as you might hope, due to our state’s unique “choice no-fault” system. In almost every situation, you will need to file claims with both insurance companies for different reasons. Your rights and the exact process depend on the auto insurance coverage you selected, which primarily impacts your right to recover compensation for pain and suffering.

Limited tort. The limited option is less expensive and requires you to file claims with your own insurer for medical expenses. You waive the right to sue for pain and suffering unless your injury is serious.
Full tort. The full option costs more but retains all your rights. It lets you file for medical expenses with your insurer and pursue a pain and suffering claim against the at-fault driver.

Knowing which option you selected when you purchased or renewed your policy is the first step in managing your claim.

When Do I File a Claim With My Own Insurance?

Many people believe they only need to contact their insurance company if they were the cause of an accident. In Pennsylvania, there are several situations where you are required to file a claim with your own insurance company, including:

To cover your medical bills. Your own medical benefit coverage is the primary source for paying your initial medical expenses as part of the no-fault system, regardless of who is at fault for the crash.
When the other driver is uninsured (UM Claim). If the at-fault driver is uninsured, you will file a UM claim with your insurance company.
When the other driver leaves the scene (Hit-and-Run). Your own UM policy will apply if the driver fled, creating a hit-and-run accident.
To use your own collision coverage. You can get your car repaired faster, regardless of who is at fault, but you’ll need to pay your deductible.

Starting this claim with your insurer quickly is essential for paying your medical bills without delay and preventing unnecessary claim disputes later.

Should I File a Claim With the Other Person’s Insurance?

Yes, you also need to file a third-party claim with the at-fault driver’s insurance company. This claim helps recover damages that your own insurance policy does not cover.

Property damage. The at-fault driver’s property damage liability coverage is responsible for repairing or replacing your vehicle.
Pain and suffering. This claim seeks compensation for your physical pain and emotional distress. You can pursue this claim immediately with full tort, but with limited tort, you must prove a serious injury.
Other financial losses. This claim may also cover damages such as lost wages, future earning capacity, and medical bills beyond your PIP policy limits.

Filing a third-party claim is critical, as it is generally the only way you will recover the majority of your compensation for property damage and other significant losses. However, these claims often take longer to resolve, making early legal guidance essential.

Why Is This Process So Complicated?

This dual-claim system is complicated because you are dealing with multiple companies with conflicting goals. The answer to “Do I file a claim with my insurance or theirs?” is confusing for several reasons:

The adjuster is not your friend. When you call the other driver’s insurance, the adjuster works for them, and their primary job is to pay you as little as possible.
Disputes over fault. The insurer may deny the claim by arguing you were at fault, which may bar you from compensation.
The serious injury fight. If you have limited tort, the at-fault driver’s insurer will almost always dispute that your injury is serious to avoid paying for pain and suffering.

These tactics are why having an experienced attorney on your side is so critical.

Why Choose Rosen Justice Injury Lawyers for Your Claim?

When confronting the giants of the insurance world, you need a legal team as fierce and committed as you are. With over 75 years of combined experience, our seasoned attorneys have championed the cause of thousands of injury victims. We grasp the profound physical, emotional, and financial burdens you face, offering personalized and dedicated support every step of the way. Having secured millions of dollars in settlements for clients just like you, we’re unafraid to take on the biggest insurers to fight for what you deserve. You pay no fee unless we win—no exceptions, no surprises.

Take the First Step Today

You don’t have to face this challenge alone. If you’re still unsure whether you should file a claim with your insurance or theirs, that’s precisely the kind of confusion an experienced attorney can resolve. Let us handle the insurance companies so you can concentrate on healing. Contact Rosen Justice Injury Lawyers today for a free, no-obligation consultation. Your future is too important to leave to chance. Let us put our decades of experience to work for you.