The Other Driver Filed a Claim Against You. What Happens Now?
Most claims guides are written for the person who was hit. This one is for the other side of the same accident: the letter, the call from another insurer, or the lawyer's notice that says someone is holding you responsible.
What happens, in order
| Stage | What happens | Your part |
|---|---|---|
| First contact | The other driver, their insurer or their lawyer reports a claim | Tell your insurer immediately, even if you think you were not at fault |
| Investigation | Your adjuster gathers statements, photos, the police report and estimates | Give your account, your photos and witness names |
| Liability decision | Your insurer decides how much, if any, of the fault is yours | Ask for the basis in writing if you disagree |
| Payment or denial | Your insurer pays within your limits, or denies | Nothing to pay yourself unless the claim exceeds your limits |
| Lawsuit, if any | Your insurer defends you under the policy's terms | Forward any court papers to your insurer the day they arrive |
Do this
- Report every contact from the other side to your adjuster, with dates. Forward letters and emails to your adjuster and let your insurer do the answering.
- Cooperate with your own insurer. Policies commonly make cooperation a condition of coverage.
- Keep your evidence: photos, dashcam footage, the names of witnesses and your notes from that day.
Don't do this
- Don't agree to pay privately or promise anything; it can complicate your insurer's handling and your coverage.
- Don't give the other insurer a recorded statement without first talking to your own.
- Don't ignore court papers. A missed deadline in a lawsuit can lead to a default judgment.
When you weren't driving: owner liability in California
Vehicle Code 17150 makes every owner liable for death or injury to person or property caused by someone driving the vehicle with the owner's express or implied permission. Vehicle Code 17151 limits that owner liability to $15,000 for one person's injury or death, $30,000 for more than one person, and $5,000 for property damage in one accident, unless the liability arises through an employer-employee or principal-agent relationship. The driver's own liability is not limited by those figures.
What your adjuster may ask you for
Expect requests for your account of the accident, your photos and any dashcam footage, the names of passengers and witnesses, repair estimates for your own car, and the police report number. If someone else was driving your car, your adjuster will also want to know who, whether they had permission, and whether they have insurance of their own, because their policy may sit alongside yours.
How fault and your record interact
For your rating, California's rules say an insurer cannot treat you as principally at fault unless your actions were at least 51 percent of the legal cause and the accident caused injury or death, or more than $1,000 in property damage. The insurer must investigate first and give you written notice of the basis, and you can ask for reconsideration within 30 days.
If the claim exceeds your limits
Your insurer pays up to your limits. Above them, the claimant can pursue you personally. If you receive a letter warning that a claim may exceed your limits, take it seriously: it is the moment to talk to your insurer about settlement within limits, and possibly to consult a lawyer of your own.
If a claim against you has shown how thin your limits are, request a quote with higher limits before renewal.
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Should I talk to the other driver's insurance company?
Tell your own insurer first and let it handle communication. Avoid giving the other insurer a recorded statement until you have spoken to your adjuster.
Can I be sued if a friend crashed my car?
Yes. Vehicle Code 17150 makes an owner liable for a permitted driver's negligence, but 17151 limits that owner liability to $15,000 per person, $30,000 per accident for injuries and $5,000 for property, unless an employment or agency relationship applies.
Will a claim against me raise my rate?
Only an accident where you are found principally at fault, under California's 51 percent rule and damage thresholds, can count against your driving record for rating. The insurer must tell you in writing and you can request reconsideration.
What if I think the other driver is lying?
Give your adjuster your evidence and witnesses. Your insurer decides liability, and you can ask for the basis of its decision in writing.