Should I File a Claim With My Insurance If I’m Not at Fault?

A car accident, medical recovery and legal issues can turn your life upside down in an instant, especially when it was not your fault. You may be left with medical bills, vehicle damage, and constant calls from the insurance company, all while trying to focus on healing.

Trying to navigate this process alone can create more problems. Insurance companies may dispute fault, delay payments, or pressure you into accepting less than what your claim is worth. Without the right guidance, you could end up paying out of pocket for losses that were not your responsibility.

The attorneys at Marcari, Russotto, Spencer & Balaban have decades of combined experience helping people injured in auto accidents across North Carolina, South Carolina, and Virginia. We explain your options, handle communication with insurers, and work to protect your rights so you can focus on recovery.

Why Car Accidents Happen and Why Fault Matters

Car accidents occur every day, often leaving victims with serious injuries and unexpected bills. While bad weather or poor road conditions can play a role, many crashes happen because of driver negligence. Common causes include:

• Distracted driving, such as texting, eating, or adjusting controls.
• Speeding or reckless driving, including tailgating or weaving through traffic.
• Driving under the influence of alcohol or drugs can slow down reaction time and impair judgment.
• Hazardous weather conditions, like rain, fog, ice, or snow, can make roads slick.
• Unsafe road conditions, including potholes, missing signs, or inadequate lighting.
• Vehicle malfunctions, like tire blowouts or brake failure.

When another driver’s negligence causes a crash, victims are often left with medical costs, lost income, and the stress of navigating insurance claims. Having an attorney by your side can help connect the cause of the accident to your right to recover compensation. Marcari, Russotto, Spencer & Balaban works to hold negligent drivers accountable so clients can focus on healing.

How Fault Is Determined After a Car Accident

Who is responsible for paying medical bills, lost income, and repair costs depends on how fault is assigned.

Key evidence includes:

• Police reports and citations documenting the crash (Note: While helpful for insurance claims, police reports are not admissible in court as evidence in Virginia and may face restrictions in other states).
• Witness statements that support or challenge driver accounts.
• Video from dashcams or traffic cameras.
• Insurance adjuster reviews of damage, statements, and reports.

Fault laws differ by state:

• North Carolina and Virginia follow contributory negligence, meaning even partial fault may prevent recovery.
• South Carolina follows modified comparative negligence, allowing recovery if you are less than 51% at fault.

Because fault can be disputed, working with an attorney can make a significant difference. Marcari, Russotto, Spencer & Balaban helps clients gather evidence, address insurance company challenges, and pursue fair compensation under the laws of North Carolina, South Carolina, and Virginia.

Steps to Take After a Car Accident When You Are Not at Fault

What you do immediately after a crash can affect both your recovery and your ability to file a claim. Important steps include:

• Check for injuries and call 911 if anyone needs medical help.
• Move to a safe location if the vehicle is in a dangerous spot.
• Exchange both insurance information and contact information with the other driver.
• Take photos of the scene, vehicle damage, and any visible injuries.
• File a police report to create an official record of the crash.
• Get medical care promptly, even for injuries that seem minor at first.
• Notify your own insurance company about the accident.
• Contact a car accident lawyer at Marcari, Spencer, Russotto & Balaban who can manage communication with insurers and protect your rights.

Types of Car Insurance Coverage That May Apply After an Accident

Different types of auto insurance coverage can affect how your costs are paid after a crash. Key coverages include:

• Liability insurance: Pays for injuries and property damage you cause others.
• Collision coverage: Covers repairs to your own vehicle, regardless of who was at fault.
• Uninsured/underinsured motorist (UM/UIM) coverage: Applies if the at-fault driver has little or no insurance.
• Medical payments (MedPay) or personal injury protection (PIP): Helps pay medical expenses for you and your passengers.

Understanding which coverage applies can be overwhelming after an accident. The attorneys at Marcari, Russotto, Spencer & Balaban review clients’ policies, explain available options, and pursue claims to help protect their recovery.

Will Insurance Pay for a Rental Car After an Accident?

If your car is being repaired after a crash, you may be entitled to rental car coverage. In many situations:

• The at-fault driver’s insurance company is responsible for covering a rental vehicle.
• If liability is delayed or disputed, your own insurer may provide coverage if you purchased rental reimbursement.
• Specific rules depend on the terms of your policy and state law.

Because insurance companies sometimes resist covering rental costs, having legal guidance can help. The attorneys at Marcari, Russotto, Spencer & Balaban work with clients to challenge denials and recover expenses related to transportation after an accident.

Should You File a Claim With Your Own Insurance After a Crash?

In some situations, filing under your own auto insurance policy is the most practical step, even if you were not at fault. This may be necessary when:

• The other driver is uninsured or does not carry enough coverage.
• You have collision coverage that can cover vehicle repairs quickly.
• Medical expenses need to be paid promptly through personal injury protection (PIP) or medical payments (MedPay) coverage.
• The other driver’s insurance company delays or disputes fault.

If this happens, your insurer may later seek reimbursement from the at-fault driver’s insurance company through a process called subrogation. Using your own coverage can help reduce delays while your claim is being resolved.

Marcari, Russotto, Spencer & Balaban helps clients review their policies, explain coverage options, and handle negotiations with insurers. Our attorneys work to prevent delays and protect your rights while pursuing compensation under state law.

What Mistakes You Should Avoid When Filing an Insurance Claim?

Certain missteps after a car accident can harm your claim:

• Admitting fault at the scene.
• Providing recorded statements to the other driver’s insurance company.
• Exaggerating or minimizing your injuries.
• Signing documents before reviewing them carefully.
• Waiting too long to seek medical treatment.

Each of these mistakes can make it harder to recover full compensation. The attorneys at Marcari, Russotto, Spencer & Balaban guide clients through the claims process, handle communication with insurers, and help protect their rights at every stage.

What If Both Drivers Share Fault for the Crash?

When both drivers are partly responsible for an accident, state law determines whether compensation is available:

• South Carolina: Follows modified comparative negligence, which allows recovery if you are less than 51% at fault. Your compensation is reduced by your percentage of fault.
• North Carolina and Virginia: Follow contributory negligence, which means that if you are found even slightly at fault, you may not recover damages.

Because these rules can significantly affect the outcome of a claim, legal guidance is essential. The attorneys at Marcari, Russotto, Spencer & Balaban help clients understand how fault is applied in their state and pursue compensation when possible.

What Happens If the Other Driver Has No Insurance or Leaves the Scene?

When a driver has no insurance or flees the scene of a crash, your own coverage may apply:

• Uninsured motorist (UM) coverage: Can pay for medical bills, lost wages, and vehicle damage.
• Collision coverage: May cover repair or replacement of your car.
• Medical payments (MedPay) or personal injury protection (PIP): Can help with medical expenses regardless of fault.

In these situations, quick reporting to law enforcement and your insurer is critical. The attorneys at Marcari, Russotto, Spencer & Balaban help clients file uninsured motorist and hit-and-run claims, protect their rights, and pursue the compensation available under their policies.

Will Your Insurance Rates Go Up After a Crash You Did Not Cause?

Many drivers worry about higher premiums after an accident. Whether rates increase depends on the state and the insurance company:

North Carolina

Insurers generally cannot increase your rates for accidents where you were not at fault under the Safe Driver Incentive Plan.

South Carolina

Premiums may still rise depending on the insurer’s internal policies, even when another driver caused the crash.

Virginia

State law prohibits insurers from raising your premiums or assigning safe-driver points for accidents in which you were not wholly or partially at fault.

If you are concerned about how a claim could affect your insurance, an attorney can review your situation and explain your rights. Marcari, Russotto, Spencer & Balaban helps clients address these concerns and focus on recovering compensation without unnecessary financial strain.

Deadlines to File a Car Accident Claim by State

Each state in Marcari, Russotto, Spencer & Balaban’s service area has different rules about fault and how long you have to file a lawsuit:

South Carolina

• Uses modified comparative negligence (you can recover if less than 51% at fault).
• Personal injury lawsuits must be filed within 3 years of the accident (South Carolina Code § 15-3-530).

North Carolina

• Follows contributory negligence (any fault may bar recovery).
• Personal injury lawsuits must be filed within 3 years of the accident (North Carolina General Statutes § 1-52).

Virginia

• Follows contributory negligence (any fault may bar recovery).
• Personal injury lawsuits must be filed within 2 years of the accident (Virginia Code § 8.01-243).
• Property damage claims generally have a 5-year deadline (Virginia Code § 8.01-243(B)).

Because deadlines are strict, waiting too long could prevent you from recovering damages. The attorneys at Marcari, Russotto, Spencer & Balaban help clients act quickly, preserve evidence, and file claims on time under state law.

Why You Shouldn’t Speak to the Other Driver’s Insurance Company Alone

Insurance adjusters often reach out quickly after a crash, but speaking with them can put your claim at risk:

• Recorded statements may later be used against you.
• Adjusters sometimes pressure victims to accept less than their claim may be worth.
• Casual remarks can be misinterpreted as admitting fault.

Having an attorney handle these conversations protects your rights and prevents costly mistakes. At Marcari, Russotto, Spencer & Balaban, our car accident attorneys communicate directly with insurers so you can focus on recovery instead of worrying about what to say.

How a Car Accident Lawyer Supports Your Personal Injury Case

After an accident, a lawyer can take on the burdens that often overwhelm victims. Key ways an attorney can help include:

• Collecting and organizing evidence to show how the crash occurred.
• Handling communication with insurance companies.
• Assessing medical bills, lost income, and repair costs.
• Negotiating for a fair settlement.

Working with Marcari, Russotto, Spencer & Balaban means you have a team focused on protecting your rights, guiding you through each step, and pursuing the financial recovery available under the law.

Why Choose Marcari, Russotto, Spencer & Balaban

At Marcari, Russotto, Spencer & Balaban, we view every case as more than just paperwork — it is about supporting people through one of the most difficult times of their lives. Our approach is built on communication, respect, and a commitment to helping clients move forward.

We understand that accidents bring uncertainty and stress. That is why Marcari, Russotto, Spencer & Balaban works to protect your rights and provide the legal support you need at every step.

Free Consultations

We offer FREE consultations to review your case and discuss your options, giving you the chance to understand your rights without financial pressure.

Available When You Need Us

Our team is accessible 24/7 by phone, email, or web chat, so you never feel alone in the process.

Willing to Come to You

If you cannot travel, our attorneys will come to meet you — whether at your home, hospital, or another location.

No Upfront Fees

We handle personal injury cases on a contingency fee basis. This means you do not pay attorney’s fees unless we recover compensation for you.

Testimonials

“After my head-on collision, I didn’t know where to turn. Marcari, Russotto, Spencer & Balanan immediately stepped in, took control of the insurance headaches and kept me informed at every step. They fought hard on my behalf and secured a settlement that reflected what I went through. Their professionalism, dedication, and responsiveness made me feel like I was truly represented. I would recommend them to anyone who needs real advocates after an accident.” — Dylan D.

“I can’t thank your law office enough for everything you did for me! After my car was totaled back in May 2024, you immediately stepped in and made sure I was taken care of every step of the way. You connected me with an amazing physical therapist who helped me get back on track physically, and your constant communication gave me so much peace of mind—I never had to stress or wonder if things were moving forward. You truly went above and beyond to make sure everything was handled fairly, and I’m so grateful. I’ll happily recommend your office to anyone I know who ever finds themselves in a situation like mine!” — Maikel B.

Schedule a Free Consultation With Our Personal Injury Attorney About Your Insurance Claim

After a car accident, you may be left dealing with medical bills, vehicle repairs, and questions about who should pay. Deciding whether to file with your own insurance or pursue the at-fault driver’s policy is not always straightforward. State insurance laws in North Carolina, South Carolina, and Virginia, along with policy limits and coverage details, play a major role in how much compensation is available for bodily injury and property damage.

Marcari, Russotto, Spencer & Balaban is a law firm dedicated to helping accident victims navigate these challenges. Our attorneys explain your coverage options, handle communication with insurers, and protect your rights throughout the claims process.

If you have been injured in a crash, contact us today for a free consultation. Call (855) 435-7247 or reach us through our contact form. We are available day, night, and on weekends to provide guidance and support.

Frequently Asked Questions

Will My Insurance Cover a Rental Car While My Vehicle Is Repaired?

Rental reimbursement coverage under your own policy may cover a rental vehicle. If the other driver is clearly at fault and their insurer accepts liability, they may pay for a rental. Without coverage or liability acceptance, the cost is usually your responsibility.

What Should I Do If the Other Driver Leaves the Scene?

Report the hit-and-run to the police immediately. While waiting, gather details such as the vehicle description or license plate, if possible, along with photos of the accident scene. Notify your insurer promptly, as uninsured motorist coverage may apply.

How Do I Pay My Deductible?

Your deductible is the amount you pay before insurance coverage applies. It may be paid directly to the repair shop or reimbursed to the insurer, depending on how the claim is processed.