What are my rights when filing a car insurance claim?
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Insurance Writer & Expert
Marissa Hayes is a technical editor and contributing writer. She holds a Bachelor’s Degree in history, and she was the editor of the literary magazine, The Bluestone Review.
Marissa Hayes
Licensed Insurance Agent
Chris is the founder of Abrams Insurance Solutions and Marcan Insurance, which provide personal financial analysis and planning services for families and small businesses across the U.S. His companies represent nearly 100 of the top-rated insurance companies. Chris has been a licensed insurance agent since 2009 and has active insurance licenses in all 50 U.S. states and D.C. Chris works tireles...
Chris Abrams
Updated March 2025
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What are my rights when filing a car insurance claim?
This depends on whether you are claiming under a fault or no-fault case. If the accident was caused by someone else, you have the right to claim against that person’s insurance. Why would you want to do this? By claiming on the offending party’s insurance, you keep your insurance claim record clean and may request for No Claims Bonus.
You also have the right to ask for a service vehicle or payment for the lease of a rental while your car is in the shop. These are rights that an insurance company can question. They can challenge your claim on several points most especially on whether or not the accident was your fault. If it was, then you cannot make a claim against the other party’s insurance policy. The situation reverses. There is also a tedious process in many cases for claims with several documents that have to be submitted and verified by the insurance company and its adjuster. (For more information, read our “Car Accident Insurance“).
Finally, you have the right to a speedy resolution of your claim. Insurance companies cannot drag their feet when processing claims. They are under legal obligation to pay out the claim, deny it and explain why or resolve any dispute you may have with their decisions within a reasonable amount of time.
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