Should You Use Collision Coverage If Someone Else Was at Fault?

July 24, 20255 min read

Getting rear-ended or sideswiped on the streets of Tempe can leave you shaken, frustrated, and wondering how to handle the repair process. When the crash clearly wasn’t your fault, you may assume the at-fault driver’s insurance will step up and pay for the damages. But what happens when they delay, deny, or simply don’t have coverage?

That’s when many Arizona drivers start asking: “Should I just use my own collision coverage to get my car fixed?”

This is a common question our car accident lawyer team hears from drivers all over the city—whether they were struck in South Tempe, sideswiped in Downtown Tempe, or hit while pulling out of a space in Meyer Park. The answer depends on your insurance, your tolerance for out-of-pocket expenses, and how long you’re willing to wait.


What Does Collision Coverage Actually Do?

Collision coverage is optional insurance that helps pay for the cost of repairing or replacing your vehicle after a crash—regardless of who caused it. That means even if you were entirely blameless, your own insurer will still pay to repair your vehicle under this part of your policy.

It typically applies to:

  • Vehicle-on-vehicle crashes

  • Single-car accidents (e.g., hitting a pole)

  • Hit-and-run incidents if you can’t find the other driver

Unlike liability coverage, which protects others from damage you cause, collision is about protecting yourself—even if the other driver refuses to take responsibility.


Pros of Using Collision Coverage When You're Not at Fault

In a perfect world, the at-fault driver’s insurer would accept liability quickly and pay for your damages in full. But that rarely happens without some level of resistance or delay. Here’s why using your own collision coverage might make sense:

1. Faster Vehicle Repairs
Using your own policy may be the fastest way to get your car back on the road. If the other driver’s insurer is dragging their feet, you don’t have to wait for them to investigate fault before your vehicle is fixed.

2. Greater Control Over the Process
When you go through your own insurer, you deal with a company you already have a relationship with. That usually means faster communication, easier paperwork, and more direct access to repair shops and appraisers.

3. Protection When the Other Driver Is Uninsured
If the at-fault driver doesn’t have insurance—or if you were injured in a hit-and-run crash—collision coverage gives you a safety net.


The Drawbacks of Using Collision Coverage

Of course, using your own insurance comes with tradeoffs. The most obvious: you may have to pay your deductible upfront.

Let’s say your collision deductible is $500 and your car needs $3,000 worth of repairs. You’ll need to pay that $500 to initiate the repairs, even though you weren’t at fault. That’s not ideal—but in many cases, it’s better than being without transportation for weeks while the other side points fingers.

The good news? You might get reimbursed later.


Subrogation: How You Might Get Your Deductible Back

If you use your own collision coverage and your insurer later determines the other party was responsible, they may pursue the at-fault driver’s insurer to recover what they paid. This process is known as subrogation.

If successful, your insurer will typically reimburse your deductible once they’ve recovered the funds.

However, this can take time—anywhere from a few weeks to several months—and there’s no guarantee it will be successful. Still, many Tempe drivers prefer this option over waiting indefinitely to even begin the repair process.


Should You Always Use Collision Coverage?

No, not always. If the other driver’s insurer accepts fault quickly and offers to pay for all repairs (including a rental car), it may be better to go directly through them. This way, you avoid using your deductible, and there’s no impact on your own policy.

But in practice, many insurers delay admitting fault—especially in tricky scenarios like T-bone crashes, parking lot collisions, or when liability is shared.

In those cases, using your own collision coverage becomes a matter of practicality.


Will Using Collision Coverage Raise Your Premium?

Not necessarily. Arizona insurers generally don’t raise your rate if you use collision coverage and you weren’t at fault. That said, it’s always wise to confirm this with your provider. Insurers use proprietary formulas to determine premiums, and some may consider frequent claims as a sign of risk—even if you didn’t cause the crash.

To be safe, ask:

  • Will this claim affect my renewal rate?

  • Will it show up on my CLUE (Comprehensive Loss Underwriting Exchange) report?

  • Are there discounts I could lose if I file?


What If You Don’t Have Collision Coverage?

If you opted out of collision coverage to keep premiums low, you’re limited in what you can do through your own insurer. In that case, you’d be forced to file a third-party claim with the at-fault driver’s insurance—or use uninsured motorist coverage if the driver isn’t insured.

This process tends to move more slowly and may require additional documentation or legal pressure to resolve.


Final Thoughts

If you’re involved in a Tempe crash and the other driver is clearly at fault, using your own collision coverage might seem unfair—but it could be the most efficient way to protect yourself and your vehicle. You’ll get repairs started sooner, avoid disputes over fault, and possibly recover your deductible through subrogation.

Whether your accident happened in Escalante, on the freeway, or outside your home, understanding the role of your own policy gives you options. And in many cases, it can make the difference between a drawn-out insurance fight and a quick return to normalcy.

If you need help exploring your other options—especially when your crash leads to medical expenses or missed work—visit our legal resources page for more guidance.

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