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If they are not found at fault then indeed there's no cost for their insurance company?




A common misconception.

First, the insurance company incurs costs just processing the claim. If things escalate with the other party, they may even incur legal and court costs.

Additionally, there are some costs that are incurred regardless of fault -- like personal injury protection.

Even defining "who was at fault" is a complicated situation. A lot of people presume that it is as simple as: whoever the police issues a citation to at the scene is 100% at fault. But that's not the way things actually work. The way liability is assigned depends on the state, but in a comparative negligence state you could be proportionately liable for as little as one percent of the fault of the accident. Maybe someone else ran a red light, you entered the intersection on green, and hit them. You could end up sharing some of the cost for that, if it is found that you could have avoided the accident but decided not to.

And even after all of this, if the other party runs out of money, doesn't have insurance, or runs away at the scene, your insurance company is stuck paying the costs under their uninsured/underinsurred motorist coverage.


There might be, if the at-fault driver is uninsured and you are carrying uninsured motorist coverage.

It does cost them just to process the claim because the other guys side is unlikely to completely roll over if there is any chance to reduce the payout. Obviously its not as much as the claims themselves but it also isn't free.

Yep. I have a friend that was plowed into from behind while waiting at a red light, twice within a few months time. Two separate intersections. Totaled her car both times. Her insurance rates went up, even though she was clearly not at fault.

"Not at fault" as far as the law is concerned, is a low bar. If you're one of the last cars in a queue, you should be checking your mirrors for exactly this scenario. Throwing your hands up in the air saying "well the law says I did no wrong!" isn't the way. Unless you like getting into accidents.

Also, having two of the same type of accident twice in such a short time is so improbable, that I'm seriously doubting your friend. I'd say it's way more likely she braked too suddenly or has other bad driving habits that make such accidents more likely than that she got this unlucky.




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