The Other Driver’s Insurer Says “File With Your Own Insurance”
Last reviewed October 10, 2026 by Ali Ahmad, MyAutoTriage editor.
What the adjuster said
"You should file this with your own insurance."
Short answer
You can choose either route. Where liability and damages are reasonably clear, the NAIC model rule says insurers shouldn't push you to your own policy just to avoid paying. Using your own collision coverage can be faster, but you pay your deductible up front and wait for it to be recovered.
What it usually means
Often it means the other insurer hasn't accepted fault yet, or its own customer hasn't reported the accident. Sometimes it is a way to move cost onto your insurer.
What the rules say
- Where liability and damages are reasonably clear, insurers shall not recommend that third-party claimants make claim under their own policies solely to avoid paying claims under the insurer's policy (Model 902, Section 8B).
- If you use your own insurer, on request it must include your deductible in its subrogation demand and share recoveries with you proportionately (Section 8D).
The NAIC model act and regulation are templates that most states have adopted in some form, often with different deadlines or wording. Your state's own law and your policy are what apply.
What to say back
Reply in writing (email is fine) so you have a record. Fill in the brackets:
Thank you. I am making a claim against your insured's policy for the damage caused in the accident on [date]. If you are not accepting liability, please tell me in writing the specific reasons and the information you still need. If liability is not in dispute, please confirm when you will inspect my vehicle and arrange a rental.
Frequently asked questions
Will claiming on my own policy raise my rates if I wasn't at fault?
Many insurers don't surcharge not-at-fault claims and some states restrict it, but it depends on your insurer and state. Ask your agent before you file.
Do I get my deductible back if I use my own insurance?
Usually, if your insurer recovers from the at-fault driver's insurer. Ask it to include your deductible in its subrogation demand. If fault is shared, you may get back only part of it.