Authored by Mason Rashtian | Personal Injury Lawyer, The Mason Law Firm
Dedicated Personal Injury Lawyer in Santa Clarita, Valencia, Canyon Country, Newhall, Saugus, Stevenson Ranch, Castaic, Val Verde, Antelope Valley, Palmdale, Lancaster, the San Fernando Valley, and the Greater Los Angeles Area
After a car accident, one of the first questions many people ask is: “If the other driver caused the accident, whose insurance pays?”
Generally, the at-fault driver’s liability insurance may be responsible for paying the damages caused by its insured.
However, recovering compensation is not always as straightforward as it may sound. The other driver’s insurance company will investigate the accident, evaluate your injuries, and look for reasons to reduce the amount it pays.
In the accompanying video, I explain how insurance generally works when another driver causes a California car accident, and why your own insurance coverage may still become important.
Call The Mason Law Firm, managed by Santa Clarita Personal Injury Attorney Mason Rashtian, today at 661-506-2992 for a FREE consultation. We serve clients throughout Santa Clarita, Valencia, Newhall, Saugus, Canyon Country, Stevenson Ranch, Castaic, Val Verde and all of Los Angeles County.
What May the At-Fault Driver’s Insurance Cover?
Depending on the circumstances and available policy limits, the at-fault driver’s insurance may be responsible for damages that include:
- Repairing or replacing your vehicle;
- Reasonable medical expenses;
- Lost income and diminished earning capacity;
- Rental-car expenses or loss of use;
- Pain, suffering, and inconvenience; and
- Other losses caused by the collision.
Before the insurance company pays, however, it will ordinarily investigate both liability and damages.
Even when the other driver appears clearly responsible, the insurer may still argue that you contributed to the accident or that some of your claimed losses are unrelated or excessive.
The Other Driver’s Insurance Company Does Not Represent You
The adjuster may sound friendly, concerned, and helpful. Nevertheless, the adjuster works for the insurance company—not for you.
The insurer’s job is to protect its insured and limit its financial exposure. During its investigation, the adjuster may:
- Dispute who caused the accident;
- Argue that you were partially responsible;
- Question whether the collision caused your injuries;
- Use prior medical conditions to challenge your claim;
- Minimize the severity or duration of your symptoms;
- Dispute your medical treatment or lost income; or
- Ask you to provide a recorded statement.
You should be particularly careful when discussing speed, distance, fault, or the extent of your injuries. Avoid guessing or offering opinions when you do not know the answer. Some injuries may not become fully apparent until hours or days after an accident, so an early statement that you are “fine” could later be taken out of context.
Should You Give a Recorded Statement?
You are generally not required to provide a recorded statement to the other driver’s insurance company. Before agreeing to one, understand that the adjuster may later compare every answer with the police report, medical records, deposition testimony, or other evidence.
A seemingly casual statement may be used to dispute liability, minimize your injuries, or question your credibility. Reporting the accident and providing the basic information necessary to open a claim is different from agreeing to an extensive recorded interview.
What If the Other Driver Does Not Have Enough Insurance?
Even when the other driver is entirely at fault, the amount you can recover from that driver’s insurance may be limited by the policy.
If your damages exceed the available liability coverage, your own underinsured motorist coverage may provide additional compensation. If the driver has no insurance, or cannot be identified following a qualifying hit-and-run collision, your uninsured motorist coverage may apply.
The availability and amount of coverage depend on your policy and the specific circumstances of the accident. You should promptly notify your insurance company because your policy may impose notice and cooperation requirements.
Can Your Own Insurance Help With Immediate Expenses?
Depending on the coverage you purchased, your policy may provide assistance before the liability claim is resolved. Potential sources of coverage may include:
- Collision coverage for repairs to your vehicle;
- Medical Payments coverage for accident-related medical expenses;
- Rental-car or transportation benefits;
- Uninsured motorist coverage; and
- Underinsured motorist coverage.
Your health insurance may also help pay medical expenses while your personal injury claim is pending. However, a health insurer may later seek reimbursement from a settlement, depending on the plan and applicable law.
Be Careful Before Signing Anything
The other driver’s insurer may ask you to sign a medical authorization, property-damage release, or settlement agreement. Before signing, make sure you understand the scope of the document and which rights you may be giving up.
A broad medical authorization may permit access to records extending far beyond the accident. A settlement release may permanently end your claim—even if your injuries later turn out to be more serious than you initially believed.
Speak With a Santa Clarita Personal Injury Attorney
I’m Mason Rashtian, a Santa Clarita Personal Injury Lawyer and former insurance-defense attorney. I spent years representing insurance companies and learning how they investigate, evaluate, and minimize injury claims. Today, I use that experience to help injured people understand their rights and available insurance coverage.
If you were injured in a car accident and have questions about which insurance company should pay, contact The Mason Law Firm. I will take the time to understand your situation and explain your options clearly, with no pressure and no sales tactics.
Contact The Mason Law Firm for a straightforward conversation about your situation, with no pressure or sales tactics.
📞 Call 661-506-2994 for a free consultation.
“We Meet Our Clients by Accident!”
“We Put Personal in Personal Injury Law.”
Updated September 15, 2026
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