Insurance · Not-At-Fault

Not-At-Fault Accident Claims

You're not at fault. Here's how the repair works.

Maryland is a contributory-negligence state, which makes not-at-fault claims trickier than in some other states. The short version: if the other driver is legally at fault, their insurance pays for your repair — and you still get to choose any body shop you want. Here's how to make it smooth.

Airpark Auto Collision of Gaithersburg — 7615 Rickenbacker Dr, Suite C, Gaithersburg, MD 20879. Call (301) 908-0606

Their Carrier Pays
If they're at fault
No Deductible
When you're not at fault
Your Choice of Shop
Regardless of which carrier pays

Whose insurance pays?

If the other driver is 100% at fault, their liability insurance pays for your repair (their property damage coverage). You don't pay a deductible — they cover the full cost.

Should I file through my own insurance or theirs?

You can do either. Filing through your own collision coverage is often faster — your insurance pays you, then collects from the other carrier (subrogation). You may pay your deductible up front and get it back when subrogation completes. Filing directly with the other carrier skips that step but can be slower.

Maryland contributory negligence — be careful

Maryland is one of only a few states that uses pure contributory negligence: if you're even 1% at fault, you may not be able to recover from the other driver's insurance. Be thoughtful about admissions of fault and statements to insurance adjusters. When in doubt, consult an attorney.

Frequently asked questions

If I'm not at fault, do I pay a deductible?

Not if the other driver is 100% at fault and their insurance is paying directly. If you file through your own collision coverage, you pay your deductible up front and get it back when subrogation completes.

Can I still choose my own body shop?

Yes. Your right to choose a body shop in Maryland doesn't depend on which insurance is paying.

How long does a not-at-fault claim take to settle?

Filing through your own insurance: usually a few days to start. Filing directly with the other driver's insurance: often longer, sometimes weeks, especially if liability is disputed.