Questions & answers · Car insurance
The other driver's insurer denied my claim even though their driver was 100% at fault. Should I claim through my own insurance?
Car insuranceDeniedChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Texas Department of Insurance (TDI) · Accident not your fault? Here's how to deal with the other driver's insurance. · sections "Issues that can happen when fil View original ↗
In short
- The other driver's insurer can still say no. A Texas agency says it might not pay all your costs.
- Ask that insurer for its reason, in detail and in writing.
- Your own collision coverage is a second path, and you would pay a deductible.
What this means
Your question does not name a state, and the rules differ by state. This answer uses pages from the Texas Department of Insurance (TDI) as an example. TDI says the other driver's insurance should pay for your car repairs, medical bills, and a rental car, but it might not pay all of your costs [1]. TDI lists "Say their driver wasn't at fault and refuse to pay you" as something that company might do [1]. You do not have a contract with that company, so you do not have the same options as with your own company [1]. If it says it will not pay, TDI says to ask for its reason in detail and in writing [1].
TDI describes two paths. One is the claim with the other driver's insurer. The other is a claim with your own insurer. For the second path TDI says you must have collision coverage, and you will have to pay a deductible [2]. Your insurer will probably try to collect from the other driver's company [2]. If it gets anything back, you might get your deductible reimbursed [1]. The sources do not say which path is better for you.
You can also complain to TDI. The complaint must be in writing. TDI says it cannot decide who was at fault in an accident or determine damage amounts [3]. The TDI help number is 800-252-3439 [1].
Your next step
Ask the other driver's insurer for its reason in detail and in writing. Look at the first page of your own policy to see whether you have collision coverage and what your deductible is. The sources give no deadline for either claim, and TDI says most companies have deadlines for filing claims, so tell your own insurer about the accident as soon as possible.
Check it yourself
Open the TDI page "Accident not your fault?" and read "Issues that can happen when filing a claim" and "Use your insurance". Then open the TDI Auto insurance guide and read "What if the other driver’s insurance company refuses to pay my claim?". Your own policy shows your coverages and deductibles. The sources do not say how another state handles this — "Don't know yet".
Where this comes from (4)
[1] Texas Department of Insurance (TDI) · Accident not your fault? Here's how to deal with the other driver's insurance. · sections "Issues that can happen when fil · checked 2026-11-06
The other driver’s insurance should pay for your car repairs, medical bills, and a rental car. Still, there’s no guarantee they will pay. … Say their driver wasn’t at fault and refuse to pay you. … You don’t have a contract with the other driver’s insurance, so you don’t have the same options you would with your own company. If the other insurance says they won’t pay you, ask for their reason in detail and in writing…
[2] Texas Department of Insurance (TDI) · Auto insurance guide · section "What if the other driver’s insurance company refuses to pay my claim?" · checked 2026-11-06
If you believe the other driver was at fault, but his or her insurance company won’t pay your claim, file a claim with your own insurance company. You must have collision coverage to do this. Your insurance company will probably try to collect from the other driver’s company. Be aware that if you file a claim with your own company, you’ll have to pay a deductible.
[3] Texas Department of Insurance (TDI) · Auto insurance guide · section "Resolving problems" · checked 2026-11-06
Complain to us. Your complaint must be in writing. You can use our Online Complaint Portal . Understand that our ability to help might be limited. For instance, we can’t decide who was at fault in an accident or determine damage amounts.
[4] Texas Department of Insurance (TDI) · Auto insurance guide · sections "Auto claims" and "Deductibles and dollar limits" · checked 2026-11-06
Tell your company about the accident as soon as possible. Most companies have deadlines for filing claims. … The first page of your policy is the declaration page. It has a summary of your policy, including your coverages, dollar limits, and deductibles.
How we found this
We matched your question to 4 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.
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.
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Answer id CQ3101. Spotted an error? Tell us.