September 18, 2026
Getting into a car accident is incredibly stressful. Once you ensure that everyone is safe and uninjured, your immediate focus shifts to a major logistical headache: how to get your damaged car fixed and get back on the road.
If the crash wasn’t your fault, you essentially have two main paths to get your vehicle repaired: you can file a first-party claim through your own auto insurance policy or file a third-party claim against the at-fault driver’s insurance provider.
Both options have distinct advantages and drawbacks. As personal injury attorneys, we help clients navigate these exact choices every day. Here is a clear breakdown of how both pathways work so you can make the best decision for your situation.
First, if you carry collision coverage on your auto policy, your own insurance company will pay to have your car repaired. You have to report the collision to your insurance company. You will probably have a deductible which will have to be paid at some point. You will probably have to pay this to the auto body shop that repairs your car. Your auto insurance company will try to recover your deductible for you by dealing with the at fault party’s insurance company through a process called subrogation.
Many people reject this option, for they don’t want to have to pay anything for the repairs when the collision was not their fault. They also don’t want their insurance premium to go up. However, you have to remember that this process will spare you much grief and aggravation in dealing with the at fault party’s insurance company. This will be discussed further below. You also have to remember that this process will get your car fixed faster, than if you have to negotiate with the other insurance company yourself. Also, if you have a rental car benefit in your policy, you will get your rental car paid for at the rate stated in the policy.
The second option is to get the at fault party’s insurance company to pay for your repairs and for your rental car. Under Connecticut Insurance Department Bulleting CL-10107, they have to pay for your rental car if their insured was at fault. However, they only have to pay for a vehicle similar to your car that was damaged. For this option, you have to show that the other person was at fault. If you have a police report that finds that the other party was at fault, then that is very helpful. However, it is not automatic. The other guy’s insurance company can still dispute liability. In our experience the other guy’s insurance company will often try to say that you were at least partially at fault, and therefore don’t have to pay for all of the damage to your car. Even if they find that their insured was at fault, they often give a low ball offer for the repairs. In this case, you have to take further steps.
If you choose to negotiate with at fault party’s insurance company, ask them if the policy had an appraisal clause. Such a clause says that if the insurance company and the auto body shop do not agree on the cost of repairs, then an independent appraisal company will decide the cost that will be paid to repair your car.
Also, the at fault party’s insurance company may not work as quickly to resolve your claim. They will take their time to complete a full investigation which includes getting the police report, interviewing their insured and any witnesses, and looking at any other evidence. All the while you do not have access to your car or a rental car.
The better option seems to be to allow your own insurance to pay for the repairs. After all, this is what you pay your insurance premiums for.
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