The other driver's insurer refuses to pay, saying their driver wasn't at fault. What now?

Car insuranceDeniedChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: TDI View original ↗

In short

If their insurer says their driver was not at fault, use your own collision coverage.
Your insurer may get the money back and return your deductible.
Send it the police report and photos. Keep your claim number.

What this means

If the accident was the other driver's fault, their insurance should pay for your repairs [1]. If their company refuses because it does not agree its driver was at fault, you can file a claim with your own company [1].

You need collision coverage to do this, not just liability [1]. Your company will probably try to get the other company to pay [1].

Your next step

If the other driver's insurer refuses because it does not agree its driver was at fault, you can file a claim with your own company, which needs collision coverage to pay [1]. The deadline these sources give is 15 days for the company to acknowledge a claim and start its investigation after it gets notice [2].

Check it yourself

Open the first source above and read the part quoted. Your own policy papers hold details these sources do not give: "Don't know yet" for your case.

Where this comes from (3)

[1] TDI · checked 2026-11-06
If the accident was the other driver's fault, their insurance should pay for your repairs. If the company refuses to pay because it doesn't agree that its driver was at fault, you can file a claim with your own company. But you must have collision coverage – not just liability – to do this. Your company will probably try to get the other company to pay your claim. If the other company agrees to pay, you'll probably g…
[2] California Department of Insurance · checked 2026-11-06
Acknowledge claim, start investigation, provide forms and instructions, and provide reasonable assistance immediately but in no event later than 15 days after receiving notice of claim … Accept or deny the claim immediately but in no event later than 40 days after receiving proof of claim. Proof of claim is documentation in your possession which provides any evidence of the claim and supports the magnitude or the amo…
[3] California Department of Insurance · checked 2026-11-06
Subrogation is the right of the insurance company to recover from a third party the amount of damages it paid to you. For example, if another party is at fault in an accident that damages your car, and you have a collision claim, your company will ask the other party to reimburse the money it paid on your claim … Do not sign statements regarding fault or promise to pay for the other parties damages

How we found this

We matched your question to 3 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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