Questions & answers · Car insurance
Can the other driver's insurer refuse to pay because it says I was partly at fault, or tell me to use my own policy?
Car insurancePaid too littleFloridaTexasChecked Nov 5, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: TDI View original ↗
In short
- The other insurer may say you were partly at fault.
- Ask for its decision and the reason in writing.
- In Florida, it may not push you to your own policy just to avoid a clear claim.
What this means
TDI lists, among the things the other driver's insurer might do: say both drivers were at fault and want you to pay some of your costs, or say its driver doesn't have enough insurance to pay all your costs [1]. TDI says to ask for the reason in detail and in writing [1].
In Florida, the statute says that when liability and damages are reasonably clear, an insurer may not recommend that a third-party claimant make a claim under his or her own policy solely to avoid paying the claim under the insurer's own policy [2].
Your next step
get the other insurer's decision and its reason in writing [1]. The sources do not state a deadline.
Where this comes from (2)
[1] TDI · checked 2026-11-05
Say both drivers were at fault and want you to pay some of your costs. Say their driver doesn't have enough insurance to pay all your costs. … If the other insurance says they won't pay you, ask for their reason in detail and in writing.
[2] Florida Statutes · § 626.9743(2) · checked 2026-11-05
An insurer may not, when liability and damages owed under the policy are reasonably clear, recommend that a third-party claimant make a claim under his or her own policy solely to avoid paying the claim under the policy issued by that insurer.
How we found this
We matched your question to 2 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
Related answers
- My insurer offered $8,000 for my totaled car but Kelley Blue Book says $12,000. What can I do?
- How long do I have to dispute an auto total-loss settlement, and what is the appraisal process?
- The at-fault driver's insurer paid my claim but not the full repair cost. Can I get the rest?
- They totaled my car. How is the amount set, can I keep the car, and what happens to the title?
Answer id CQ08. Spotted an error? Tell us.