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Do I have to file a claim with my insurance even when I'm not at fault?

I got into a car accident and I'm not at fault (told by the State Trooper). Someone had hit the side of my car trying to get into my lane. The damage to my car is minor and the police came and filed a report. Do I have to call and file with my insurance? It's minor and I don't want to pay the deductible. The damage is minor, it's a $300 fix. Although her window was shattered in the accident. My deductible is $1000. So I don't want to file a claim and pay for a $1,000 deductible for a $300 fix. I'm aware that the deductible will be covered by the person at fault, but I don't have $1000 to file a claim. I was thinking about getting a copy of the accident report and just take her to small claims court for it. Just want to make sure I'm not doing anything illegal by not calling my insurance company.

Mar 12, 2018 Wallkill, New York

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Ava Lynch

Insurance Analyst

Credentials
  • 7+ years of Experience in the Insurance Industry

Ava joined The Zebra as a writer and licensed insurance agent in 2016. She now works as a senior insurance contributor, providing insights and data a…

I would not recommend speaking with your insurance company unless the other driver refuses to pay for the damages. Because you have the police report and hopefully the other driver's insurance information, you should call their insurance company and begin the claims process. If you do not have their insurance information, you may call your insurance company's claims department and they should be able to track down the at-fault party for you. The police report should help you with this. Because the other driver is liable for the accident, you won't have to pay your deductible. It will be covered through their liability insurance. For more resources, see. our guide on when and how to file a claim.

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