What Happens When an Insurance Claim Is Made Against You?

A car insurance claim occurs after you have been involved in a car accident with another driver. A claim can be made against you or on your behalf. Typically, both parties will file a car insurance claim against each other, and insurance companies will battle it out to reach a resolution. 

So, what happens when someone files a claim against you, and what does it mean for your overall car insurance policy (and of course, your pocketbook)? More importantly, if you have been injured as a result of an automobile accident, how do you navigate the path forward in getting the compensation you deserve? 

Speaking with an experienced personal injury attorney can be a helpful way to navigate an insurance claim, especially if you have suffered an injury or extensive property damage.

What Happens When an Insurance Claim Is Made Against You?

An insurance claim can be made against you if you’ve been involved in a motor vehicle accident, regardless of whether the accident was your fault or the fault of another party. Insurance claims are made when an individual who is injured in a car accident seeks reimbursement for damages. These damages can include but are not limited to the following: 

• Medical bills and medical treatment resulting from the accident
• Property damage, including vehicle damage
• Lost wages
• Pain and suffering 

How Do You Know Someone Filed a Claim Against Your Insurance? 

One of the more common questions that pop up regarding insurance claims is, “How can an individual tell whether someone has filed a claim against them?”

If someone has filed a claim against you with your insurance company, your insurance company will notify you about the filing. 

When an accident happens, it’s important to exchange insurance policy information with the driver of the other vehicle involved in the accident. If there are multiple vehicles, ensure that you have collected insurance information from all parties involved.

Once you have swapped insurance information, you’ll need to contact your insurance company and let them know about the accident. In fact, many insurance companies require that you notify them about a claim after an incident has occurred. Some companies may consider it a policy violation if you don’t alert them of the accident.

Because it’s common for insurance companies to deny coverage due to a violation, it can prove beneficial to have an experienced insurance claims lawyer on your side to help you dispute the insurance company’s decision. 

After the insurance claim is made, the process will continue for the insurance companies to decide where liability lies, and who will eventually be the responsible party.

A Car Insurance Claim Has Been Made Against You. Now What?

Once an insurance claim has been made against you, several things will happen, depending on the circumstances. Typically, however, you will talk to your insurance representative, outlining the accident and detailing what happened. If a police report was taken, your insurance company might use that report to analyze the claim as well. 

After a claim has been analyzed, an insurance adjuster will come out to look at the damage and assess the claim in person. Once an adjuster has surveyed the damage, they will take that information back to your insurance agent, who will then determine a settlement amount that will be paid out via a settlement check. 

If you have been the victim of a personal injury in an automotive accident, it’s important to seek adequate legal representation to have losses beyond your property damage assessed. Under extreme circumstances, an insurance company may push back against a claim, refusing to pay out a settlement to which you might legally be entitled. 

How To Bring Your Insurance Rates Back Down

When someone files an insurance claim against you, and your insurance pays out, your rates will likely go up. Some ways to bring them back down include:

• Taking advantage of discounts and bundling programs
• Shopping for new coverage options
• Disputing illegitimate claims 

Sometimes, however, all you can do is wait. Eventually, insurance companies will stop accounting for the claims when calculating your rates. 

Types of Insurance Claims

When an insurance claim is filed, it will fall under three categories:

• At-fault claims
• No-fault claim
• Partial fault claims

At-Fault Claim

An at-fault claim is one where you are deemed the party responsible for the accident. In this case, your insurance company will negotiate with the other insurance company to determine a payout. 

No-Fault Claim

If you file a no-fault claim against another driver’s insurance company, it is established that you are not responsible for the accident. The fault lies with the other driver involved in the accident. Claimants who are not at fault may be entitled to compensation via insurance checks from the other party. 

Partial Fault 

A partial fault claim is one where responsibility is shared by two or more drivers involved in an accident. In this case, both insurance companies will negotiate to determine how much liability lies with each driver. 

How Will an Insurance Claim Impact Your Policy?

An insurance claim made against you can impact your insurance policy in different ways. If your insurance claim is an at-fault one, and you are responsible for the accident, this can have negative ramifications that play out differently depending on your policy. Some policies forgive first accident claims; however, most will increase your rates by a predetermined percentage. If you change insurance companies, your previous claims can be used as a way to determine the overall cost of your new policy. 

How To Dispute an Insurance Claim Against You

When someone files a claim against you that isn’t true or accurate, you need to dispute it. Start by calling your insurance company and asking these questions:

• What is the claim against me?
• When was the claim filed against me?
• Did the incident involve a bodily injury?
• Are there any other outstanding car insurance claims against me? 

You need to find out who filed the claim, when, and what they are alleging. These details will help you ascertain what to do when someone files a claim against you that isn’t accurate. If you are sure the claim is illegitimate, let your insurer know, so they can dig deeper. 

Bernstein & Maryanoff, Injury Attorneys, Can Help 

If you’ve been the victim of a personal injury resulting from an automotive accident, you may be entitled to compensation. The Miami personal injury lawyers at Bernstein & Maryanoff, Injury Attorneys, are committed to helping you get the representation you deserve.

FAQ

Citations:

13 Ways to Lower Your Car Insurance Rate. (2025).

Types of Damages in Personal Injury Lawsuits. (2024).

What to Do After a Car Accident: A Step-by-Step Guide. (2024).