How Does Car Insurance Work When You Are at Fault?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner,  Kigan Martineau who has years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

By:
Kigan M
| April 21, 2025
How Does Car Insurance Work When You Are at Fault?

Being in a car accident is stressful. It gets more complicated when you are the one at fault. From medical bills to vehicle repairs, the financial impact can be serious. Understanding how your car insurance works in this situation can make a big difference.

BAM Personal Injury Lawyers helps drivers understand their rights and responsibilities after an accident. If you were the at-fault driver, you may still have options for protection. Your insurance coverage may help pay for damages, but limits and rules will apply. It’s important to know what your policy covers and what costs you might have to pay yourself.

What It Means to Be “At Fault”

Being “at fault” means you caused the accident. If your actions led to the crash, like speeding, not yielding, or rear-ending another car, you are considered the at-fault driver. When you’re at fault, your car insurance is responsible for covering certain damages.

Fault matters because it affects who pays. If the other drivers involved were not at fault, your insurance coverage may need to pay for their vehicle damage and injuries. This can include medical expenses and repair costs, depending on your policy limits.

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How Fault Is Determined

Insurance companies determine fault by looking at the accident details. They review photos, damage reports, witness statements, and the police report. If you’re in a traffic accident, be sure to gather this information at the accident scene.

The insurance adjuster will compare statements from all drivers involved. They may also look at road conditions, the accident location, and traffic laws. In some cases, the damage to the vehicles shows clearly who caused the crash.

If both drivers made mistakes, fault may be shared. Idaho uses a modified comparative negligence system. That means you can still recover damages if you are less than 50% at fault, but your compensation is reduced based on your share of fault.

Types of Car Insurance That Come Into Play

Types of Car Insurance That Come Into Play

When you’re at fault in a car accident, several types of car insurance coverage may help pay for the damages. These types of car insurance coverages are:

Liability Insurance

Liability insurance is required in most states. It pays for the other driver’s injuries and property damage when you’re at fault. If someone files a car accident claim against you, liability coverage will help cover their costs up to your policy limits.

This includes their medical expenses, vehicle damage, and sometimes lost wages. However, it does not pay for your injuries or damage to your car. That’s where other parts of your car insurance policy come in.

Collision Coverage

Collision coverage helps pay for damage to your car if you're the at-fault driver. It covers repair or replacement costs regardless of who caused the accident. This is different from liability insurance, which only covers the other person’s losses.

You’ll need to pay a deductible first. After that, your insurance company covers the rest up to the value of your vehicle. If your car is totaled, they may pay you the actual cash value instead of fixing it.

Personal Injury Protection (PIP)

PIP insurance coverage is required in some states but optional in others. It helps cover medical expenses for you and your passengers, no matter who caused the crash. In no-fault states, this type of coverage is essential.

PIP can also help pay for lost wages, funeral costs, and even some household services if you’re injured. It’s useful even if you’re the at-fault driver because it focuses on helping you recover quickly.

MedPay (Medical Payments Coverage)

MedPay works like PIP but usually has fewer benefits. It covers medical bills for you and your passengers after an accident. MedPay is helpful if you live in a state that doesn’t offer PIP or if you want extra protection.

MedPay pays out fast and doesn’t depend on who was at fault. It can cover hospital bills, doctor visits, X-rays, and other costs up to the limit in your car insurance policy.

What Happens After You Report the Accident

Once you report a car accident to your insurance company, several steps follow. Each one affects how quickly your claim is processed.

File a Claim With Your Insurer

As soon as the accident happens, contact your insurance agent or file the claim online. Be honest and provide clear accident details, including the accident location, time, and other drivers involved.

The insurance company will ask for photos, a police report, and a written or recorded statement. The sooner you provide this information, the sooner your claim moves forward. Be careful what you say. Admitting fault too early or giving unclear details can affect how the insurance companies determine fault.

Insurance Adjuster Will Investigate Fault and Damages

Once your claim is filed, an insurance adjuster will take over. They’ll review the damage, speak with witnesses, and check any photos or reports. Their job is to figure out who caused the crash and what needs to be paid.

This is when the fault for the accident is officially decided. The adjuster may visit the accident scene or inspect both vehicles involved. They’ll also contact the other drivers' insurance companies. The adjuster’s findings will decide whether your claim is approved and how much you’ll receive. If you don’t agree with their decision, you can appeal or speak with a personal injury attorney.

Financial Responsibilities When You’re at Fault

Financial Responsibilities When You’re at Fault

Being at fault in a car accident doesn’t just involve an insurance claim. It can also create financial challenges. Here’s what you might have to pay out of pocket:

Deductibles Apply for Your Own Vehicle Repairs

When using your collision coverage to fix your car, your deductible applies first. A deductible is the amount you pay before your insurer covers the rest. Common deductibles range from $250 to $1,000.

Let’s say your repair bill is $4,000, and your deductible is $500. You’ll pay $500, and your insurance company pays the remaining $3,500. This only applies if you have collision coverage.

Your deductible won’t apply to damage you caused to the other driver’s car. That falls under liability coverage, which usually does not require a deductible.

Out-of-Pocket Costs If You Don’t Have Enough Coverage

If your insurance coverage isn’t high enough to pay for all damages, you may have to cover the rest. This includes any costs that go over your policy’s limits for injuries or vehicle damage. If you don’t have collision or MedPay, you’ll also need to pay for your own car repairs and medical bills. Some people face legal fees if a lawsuit is filed because the insurance didn’t pay enough.

Risk of a Lawsuit If Damages Exceed Policy Limits

If your policy doesn’t cover all of the other driver’s losses, they may sue you for the remaining amount. This is common when serious injuries or high medical expenses are involved. You could be taken to court for the difference between your insurance payout and their total costs.

If you lose, you might be ordered to pay out of pocket. That can include lost wages, ongoing medical treatment, or even pain and suffering damages.

Higher Premiums at Renewal Time

After an at-fault accident, your insurance premiums may go up. How much they increase depends on your insurer, your driving record, and how serious the accident was.

Even one traffic accident where you're at fault can cause a spike in your rates. The more accidents or claims you’ve had, the more likely you are to be labeled high-risk. That leads to higher monthly or annual costs for your car insurance.

How At-Fault Accidents Affect Your Insurance

Causing a car accident doesn’t just affect your current claim. It can also change your insurance rates and coverage options moving forward.

Potential Rate Increases

If you’re the at-fault driver in a crash, expect your insurance premiums to go up. Insurance companies see at-fault accidents as a sign of risk. Even if the accident was minor, your rate may still increase. How much your premium goes up depends on your insurer and how serious the accident was.

In some cases, an increase could last for several years. If the accident involved serious injuries or high repair costs, the change might be larger. Rate increases often appear at your next renewal. You may not notice the change right away, but it’s important to review your bill and ask your insurance company for details.

Loss of Safe Driver Discount

Many insurers offer discounts for drivers with clean records. If you were receiving a safe driver discount before the crash, you’d likely lose it after an at-fault accident. This discount can save you a lot over time.

Losing it means your insurance premiums will rise, even before the base rate increase is applied. Depending on your policy, this change might last for several years. You may need to go a few years without accidents to earn the discount again. Until then, your rates could remain higher than before.

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FAQs

How is fault determined after a car accident?

Fault is determined by the insurance company after reviewing all accident details. This includes police reports, damage photos, witness statements, and sometimes even traffic camera footage. Once fault is determined, the insurance company decides who is financially responsible.

Can I still get a claim payment if I was partly at fault?

Yes, in Idaho, you can still receive a claim payment if you're less than 50% at fault. This is known as modified comparative negligence. However, your payment is reduced based on your share of fault. If you're found to be 20% responsible, your compensation is reduced by 20%.

What happens if I am the at-fault party in a crash with serious injuries?

If you're the at-fault party, your liability insurance helps cover the other driver’s medical bills, property damage, and other losses. If the costs go beyond your policy limits, you could be held personally responsible for the extra amount.

Can contributory negligence affect my car accident case?

Contributory negligence rules can influence your case depending on your state. In strict contributory negligence states, being even 1% at fault may bar you from recovering damages. Idaho follows a modified system, so partial fault won’t completely block your claim -- unless you’re more than 50% at fault.

How long does it take to receive a claim payment after a car accident?

It varies. Most claim payments are issued within a few weeks, but complex cases can take longer. If the accident involves multiple drivers or serious injuries, it may take months. Keeping good records and responding to your insurance company quickly helps speed up the process.

Contact Our Idaho Car Accident Lawyer for a Free Consultation

Contact Our Idaho Car Accident Lawyer for a Free Consultation

If you’ve been in a car accident and are worried about being the at-fault party, don’t try to figure it out alone. Fault, insurance coverage, and compensation rules can be confusing, especially when medical bills and vehicle repairs start piling up.

BAM Personal Injury Lawyers helps Idaho drivers understand their rights and protect their finances after a crash. Whether you caused the accident or shared fault under modified comparative negligence rules, we’ll walk you through your legal options. We know how insurance companies work and what it takes to get a fair outcome.

You don’t have to deal with this process on your own. Our team will review your accident details, answer your questions, and help you plan your next steps. The consultation is free. You only pay if we recover compensation for you.

Call us today, and let us help you move forward with clarity and confidence.

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