Can I Claim for an Accident That Was My Fault? What Your Own Insurance Actually Covers

Can you claim for an accident that was your fault?

Yes — you can still make a claim after an at-fault accident, but only through your own insurance coverages. Collision coverage pays for your vehicle damage, personal injury protection or MedPay covers your medical bills regardless of fault, and your liability coverage protects you if the other driver sues. You cannot claim against the other driver’s insurance when you caused the accident.

Causing an accident is stressful enough on its own. Then comes the fear that because it was your fault, you’ve lost all financial protection too.

You haven’t. Most drivers don’t realize that several of the coverages on their own policy exist specifically to protect them — even when they’re the one who caused the crash. The question isn’t whether you have options. The question is which coverages you actually have and how to use them correctly.

This guide explains exactly what at-fault accident insurance claims look like from the at-fault driver’s perspective — what’s covered, what isn’t, how your rates will be affected, and what you should do right now.

What Coverages on Your Own Policy Pay Out When the Accident Was Your Fault

The moment you cause an accident, two things happen simultaneously: the other driver has a claim against your liability insurance, and you have potential claims through your own separate coverages. These are entirely different parts of your policy, and they operate independently.

What your auto insurance covers depends on the state where you live and the kinds of insurance coverage you carry. If you live in a fault-based state and you’re responsible for an accident, your liability insurance will pay, up to the limits of your coverage, for the personal injuries and property damage you cause others. The damages to your car will be paid for by your collision coverage, if you have it.

Here is what each coverage does for you specifically as the at-fault driver:

Collision coverage pays to repair or replace your own vehicle after an at-fault accident, minus your deductible. This is the most direct coverage for your own vehicle damage. If no other drivers were involved, or if you caused the accident, the damage to your vehicle will likely be considered your fault and can only be covered if you have collision coverage.

Personal Injury Protection (PIP) covers your medical bills and lost wages regardless of who caused the crash, in states where it is available or required. Personal injury protection coverage can take care of medical bills for you and anyone covered on your policy. In some states, non-medical benefits such as coverage for lost wages, household services, and disability can protect you, your passengers, and family members in your household.

Medical Payments Coverage (MedPay) functions similarly to PIP in states where PIP is not available — it covers your medical expenses after an accident regardless of fault, though it typically doesn’t extend to lost wages the way PIP does.

Liability coverage does not protect you — it protects everyone else. Your liability car insurance will pay for the injuries and property damage you cause others, up to the limits of your coverage. But without collision and PIP on your own policy, your own vehicle damage and your own medical bills are your responsibility.

Related article: The Trucking Company Called You First After the Accident Here Is Exactly What to Do

Whether You Can Claim Medical Bills After an At-Fault Accident in Your State

This is where your state’s insurance system matters enormously — and where many at-fault drivers are surprised to discover they have more protection than they thought.

No-fault auto insurance laws in 12 states require drivers to file accident-related injury claims with their own insurance companies. In these states, drivers must maintain personal injury protection (PIP). The remaining 38 states plus Washington, D.C. use an at-fault system, where at-fault drivers are financially responsible for the injuries they cause.

The 12 states that mandate PIP coverage are Delaware, Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Oregon, and Utah. An additional three states — Kentucky, New Jersey, and Pennsylvania — are “choice no-fault,” letting drivers choose their system.

If you live in one of those 12 no-fault states, PIP pays your medical bills and lost wages after the accident regardless of who caused it. Your fault is not a barrier to your own medical coverage.

If you live in a fault-based state, your medical bills as the at-fault driver are not covered by the other driver’s insurer — obviously. But if your state doesn’t require or offer PIP, you may be able to add medical payments coverage (MedPay) to your auto policy instead. Like PIP, MedPay covers injuries that you or your passengers suffer in an accident, regardless of fault.

The practical takeaway: if you caused the accident and you have PIP or MedPay on your policy, use it. That’s exactly what it’s there for.

What Happens to Your Vehicle When You’re the At-Fault Driver

Your car is damaged. The other driver’s insurance is not going to pay for it — their liability coverage exists to pay for damage to other people, not to their own policyholder’s vehicle. Your only route to vehicle repair coverage is through your own policy.

If you have collision coverage, you’re typically covered for damaging your own car. If no other drivers were involved, or if you caused the accident, the damage to your vehicle will likely be considered your fault and can only be covered if you have collision coverage.

You’ll pay your deductible out of pocket first — whatever amount you selected when you bought the policy. After that, your insurer pays for the repair or replacement up to the actual cash value of your vehicle.

If you don’t carry collision coverage, you have no insurance mechanism to repair your own car after an at-fault accident. This is one of the most common and most costly gaps drivers discover only after a crash. Collision coverage is optional in most states but often required if you’re financing or leasing your vehicle.

One additional scenario worth knowing: damage you caused to your own car by hitting something other than an animal is covered by auto collision. If your car is damaged by an unexpected event like a hailstorm, it’s covered by auto comprehensive. Make sure you know which coverage applies to your specific situation before you file.

If you’re unsure what coverages are on your current policy, reviewing it with a car accident attorney or a licensed insurance professional before your next renewal could prevent a very expensive surprise.

How Your Liability Insurance Protects You If the Other Driver Sues

When you cause an accident, the other driver has the right to pursue compensation for their injuries and property damage. Your liability coverage is specifically designed to stand between you and the full financial cost of that claim.

If you cause a car accident and the other driver files a lawsuit against you over the crash, your liability car insurance will cover that situation. The insurance company will hire and pay for a lawyer to handle every aspect of the lawsuit — everything from court filings to depositions. If the lawsuit reaches a settlement, or the case goes to trial and you lose, your car insurance will cover the amount of the settlement or the amount you’re ordered to pay, up to the dollar limits of your coverage.

The phrase “up to the dollar limits of your coverage” is the critical part. If you’ve been served with a lawsuit or otherwise received notice that you’re being sued in connection with a car accident, the first thing to do is let your car insurance company know about it immediately.

If the damages the other driver claims exceed your liability limits, you could be personally responsible for the difference. This is why carrying liability limits above your state’s legal minimum is so important — especially if you own a home, have savings, or have assets that could be pursued in a judgment.

Report the accident to your own insurer the same day it happens. Don’t wait. Your policy requires prompt notification, and late reporting can complicate your coverage in ways that hurt you when you can least afford it.

What Happens When You Live in a No-Fault State and Caused the Accident

No-fault insurance changes the landscape significantly — both for you and for the other driver — when fault is involved.

In no-fault states, if there’s an accident between two drivers, each party’s PIP coverage typically pays for their respective medical bills and wage loss up to their policies’ limits, no matter who caused the accident. This means you file your own medical claim with your own insurer, and the other driver files their medical claim with their insurer. Neither driver is immediately dependent on proving the other’s fault to get medical bills paid.

States with no-fault laws typically limit the right to sue at-fault drivers after an accident unless certain conditions are met. Generally, injuries must be defined as “serious” or treatment costs must exceed a specific dollar threshold before you can sue the at-fault driver for damages.

This matters to you as the at-fault driver because it limits, but does not eliminate, the other driver’s ability to bring a personal injury claim against you. If the other driver’s injuries cross the threshold defined in your state, they can still sue you beyond what their PIP covers — and your liability insurance is what responds to that.

The at-fault driver’s insurance typically pays for damage to the other driver’s vehicle and property, just as they would in an at-fault state. No-fault only changes how medical claims are initially handled — it doesn’t remove your liability for property damage you caused.

How Much Your Insurance Rates Will Increase After an At-Fault Accident

This is the part most at-fault drivers dread most — and it deserves a straight answer rather than vague reassurance.

On average, drivers with a single at-fault accident pay 43 percent more for full coverage than drivers with clean records, according to analysis of car insurance rates from Quadrant Information Services.

Insurance rates typically increase anywhere from 0% to 50% or more after an at-fault accident, though this varies significantly based on factors like the severity of the accident, the claim amount, and your driving history. An at-fault accident will generally have a greater impact on your insurance premium, and this increase typically lasts between three and five years, depending on the circumstances.

The surcharge is typically highest in the first year and gradually decreases as you continue to drive safely. It usually takes three years of maintaining a clean driving record to see a decrease in your premiums after a surcharge. After five years, most car insurance companies stop factoring the accident into your premium calculation.

Three things can reduce the financial hit:

Accident forgiveness — Some insurers offer this as a policy feature that prevents a rate increase after your first at-fault accident. Not every insurer offers this perk. Some include accident forgiveness for free as a reward for safe driving and loyalty, while others offer it as an optional endorsement — and you must have this option in place before the accident occurs.

Shopping around — Every car insurance company uses its own rating methods to calculate premiums, so you might be able to find cheaper car insurance after an accident if you compare rates thoroughly. Your current insurer is not the only option.

Raising your deductible — Increasing your collision or comprehensive deductible lowers your monthly premium, though it means more out of pocket if you file a future claim.

What Rights You Still Have Even When the Accident Was Entirely Your Fault

Being at fault does not strip you of legal rights — it changes which rights apply. Several protections still exist in your favor that are worth knowing.

Your insurer must handle your claim in good faith. Every state has insurance bad faith laws that require your own insurance company to investigate your claim fairly, respond within required timeframes, and not wrongfully deny coverage you’ve paid for. If your own insurer mishandles your claim — delays unreasonably, denies a covered claim, or lowballs your vehicle’s value — you have the right to challenge that.

Your car insurance will cover the amount of any settlement or court judgment up to your policy limits — and they are obligated to provide and fund your legal defense if you are sued. You are not expected to navigate a personal injury lawsuit against you alone. That is your liability coverage’s entire purpose.

You also have the right to dispute your insurer’s fault determination if you believe it’s inaccurate. Insurance adjusters make mistakes. If the insurer attributes 100% of fault to you when the facts suggest the other driver contributed, you have the right to push back with evidence — photographs, witness statements, police reports, and traffic law references.

Sometimes, depending on the individual state’s laws, the insurers from both sides may determine that there is shared blame for the accident, known as comparative fault or shared liability. The state’s negligence law will determine the amount of damages awarded to each party.

Also read our these guides: understand how fault affects your legal rights after a car accident, article on what not to say to your insurance company after an accident.

Frequently Asked Questions

Can I claim on my own insurance if the accident was my fault?

 Yes. Collision coverage pays for your vehicle repairs, and PIP or MedPay covers your medical bills — both apply regardless of who caused the crash, as long as you carry those coverages on your policy. Liability coverage handles the other driver’s damages. What you cannot do is claim against the other driver’s insurance.

Will my insurance company cover me if I’m sued after an at-fault accident?

 Yes. If the other driver files a lawsuit against you, your liability car insurance will hire and pay for a lawyer to defend you and cover any settlement or judgment up to your policy’s limits. If damages exceed those limits, you could be personally liable for the difference — which is why carrying adequate liability limits matters.

Do I have to pay a deductible when claiming collision coverage after an at-fault accident?

 Yes. Collision claims require you to pay your chosen deductible before your insurer covers the rest of the repair or replacement cost. The higher your deductible, the lower your premium — but the more you pay out of pocket at claim time.

How long will an at-fault accident affect my insurance premiums?

 An at-fault accident will generally impact your insurance premium for three to five years, depending on your state and insurer. This increase typically lasts between three and five years, and the surcharge is highest in the first year.

What if I don’t have collision coverage — can I still claim for my vehicle damage?

 No. Without collision coverage, there is no insurance mechanism to pay for your own vehicle damage after an at-fault accident. You would be responsible for repair or replacement costs out of pocket. If you’re financing or leasing, collision is almost certainly required by your lender.

Can I reduce my rate increase after an at-fault accident?

 Yes. Steps include maintaining a clean driving record, asking your insurer about accident forgiveness, taking a certified defensive driving course, and shopping around to compare post-accident rates from other carriers.

What if the accident was partly my fault and partly the other driver’s fault?

 In most states, shared fault is handled through comparative negligence rules, which reduce your compensation proportionally by your percentage of fault. In a small number of states — Alabama, Maryland, North Carolina, Virginia, and D.C. — any fault on your part can bar you from recovering compensation entirely under contributory negligence rules.

Legal Terms Used in This Article

Collision Coverage: Optional insurance on your own policy that pays to repair or replace your vehicle after a collision, regardless of who caused it. You pay your deductible; the insurer covers the rest up to the car’s actual cash value.

Liability Insurance: The coverage legally required in most states that pays for injuries and property damage you cause to others in an at-fault accident. It does not cover your own vehicle or your own medical bills.

Personal Injury Protection (PIP): Also called no-fault insurance. Pays for your medical bills and lost wages after an accident regardless of fault. Required in 12 states; optional in several others.

Medical Payments Coverage (MedPay): Similar to PIP, but available in states where PIP is not offered. Covers your and your passengers’ medical expenses after an accident regardless of fault, but typically does not include lost wages.

Deductible: The amount you pay out of pocket before your insurance coverage kicks in. A higher deductible means a lower premium but more out-of-pocket cost at claim time.

Accident Forgiveness: A policy feature offered by some insurers that prevents your premium from increasing after your first qualifying at-fault accident. Must be in place before the accident occurs.

Comparative Fault: The legal rule used in most states that allows both drivers to share blame for an accident, with each party’s compensation reduced proportionally by their percentage of fault.

Contributory Negligence: The stricter rule used in Alabama, Maryland, North Carolina, Virginia, and D.C., where any degree of fault on your part can completely bar you from recovering compensation.

Surcharge: An additional fee added to your insurance premium after an at-fault accident. Typically highest in the first policy year after the crash and decreases gradually over three to five years.

Causing an accident doesn’t mean walking away with nothing. It means knowing which of your own coverages apply, using them correctly, and understanding exactly what the financial impact looks like going forward. If you’re dealing with a serious injury, a dispute over fault, or a claim your own insurer is handling poorly, you don’t have to figure out your next steps alone. Visit AllAboutLawyer.com to connect with a personal injury attorney in your area — and find out exactly where you stand, whether you caused the crash or not.

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official government and insurance regulatory sources on May 2, 2026. Last Updated: May 2, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice regarding your specific situation, consult a qualified attorney licensed in your state.