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Carolina Collision Appraisal Services

Carolina Collision Appraisal ServicesCarolina Collision Appraisal ServicesCarolina Collision Appraisal Services

(919) 810-1656

  • Home
  • The Claims Process
  • Insurance Tactics
  • Diminished Values
  • The Appraisal Clause
  • NC General Statute - RTA
  • Who Actually Owes You
  • 3rd party Strategy
  • More
    • Home
    • The Claims Process
    • Insurance Tactics
    • Diminished Values
    • The Appraisal Clause
    • NC General Statute - RTA
    • Who Actually Owes You
    • 3rd party Strategy

Carolina Collision Appraisal Services

Carolina Collision Appraisal ServicesCarolina Collision Appraisal ServicesCarolina Collision Appraisal Services

(919) 810-1656

  • Home
  • The Claims Process
  • Insurance Tactics
  • Diminished Values
  • The Appraisal Clause
  • NC General Statute - RTA
  • Who Actually Owes You
  • 3rd party Strategy

Using your Insurance in a 3rd Party Claim

Filing on your own Policy even when you are not at fault.

WHY FILING WITH YOUR OWN INSURANCE CAN BE THE BEST STRATEGY — EVEN WHEN YOU’RE NOT AT FAULT

Understanding How to Protect Yourself in a System Designed to Confuse You

Most people believe that if someone else caused the accident, they should file a claim with the other driver’s insurance company.
It sounds logical — but in practice, it often leads to delays, lowball offers, and endless frustration.

Here’s the truth:
Filing with your own insurance company is often the fastest, safest, and most effective way to get your vehicle repaired properly — even when you didn’t cause the collision.

This page explains why.

1. YOUR INSURANCE COMPANY IS CONTRACTUALLY OBLIGATED TO YOU

The at‑fault driver’s insurer is not.

When you file a claim with your own insurer (a first‑party claim), they must follow:

  • The policy you paid for
  • State claims‑handling laws
  • Fair‑claims regulations
  • The appraisal clause
  • Timelines for communication and payment

They owe you these duties because you are their customer.

In contrast:

The at‑fault driver’s insurer owes you nothing under their policy.
You are a stranger to their contract.

That’s why third‑party claims feel like a fight — because they are.

2. YOU GET ACCESS TO THE APPRAISAL CLAUSE

Your most powerful tool for disputing low estimates.

When you file with your own insurer, you can use the appraisal clause to dispute:

  • Low repair estimates
  • Incorrect labor times
  • Ignored OEM procedures
  • Improper parts selections
  • Total‑loss valuations

This clause forces your insurer to negotiate with your independent appraiser and, if needed, a neutral umpire.

But in a third‑party claim:

You cannot invoke the appraisal clause.
You have no contractual rights.
You have no leverage.

Filing with your own insurer gives you the tools to fight back.

3. YOU GET FASTER, CLEANER, MORE ACCURATE REPAIRS

When you file with your own insurer:

  • Repairs start sooner
  • Supplements are handled more efficiently
  • OEM procedures are more likely to be honored
  • Your shop can work directly with your insurer
  • You avoid the delays and games of the third‑party carrier

Your insurer then seeks reimbursement from the at‑fault insurer through subrogation — a process that happens behind the scenes and doesn’t involve you.

You get your car fixed right.

They fight each other later.

4. YOU AVOID THIRD‑PARTY DELAYS AND LOWBALL TACTICS

Third‑party insurers commonly:

  • Delay communication
  • Deny responsibility
  • Offer low settlements
  • Refuse OEM procedures
  • Push aftermarket parts
  • Stall until you give up

They do this because they owe you nothing under their policy.

Filing with your own insurer avoids all of this.

You get the benefit of being a customer, not an outsider.

5. YOU STILL KEEP YOUR RIGHTS AGAINST THE AT‑FAULT DRIVER

Filing with your own insurer does not take away your rights.

You still retain the ability to pursue:

  • Diminished value
  • Rental reimbursement (if applicable)
  • Out‑of‑pocket expenses
  • Injury claims
  • Any damages not covered by your policy

Your insurer simply handles the repair portion more efficiently.

6. YOUR INSURER GETS REIMBURSED — NOT YOU

Many consumers worry that filing with their own insurer will “cost the company money” or “hurt their rates.”

Here’s the reality:

If you’re not at fault, your insurer will pursue the at‑fault insurer for reimbursement.
This is called subrogation.

And importantly:

  • Your deductible is often reimbursed
  • Your rates typically do not increase for a not‑at‑fault claim
  • The insurer recovers their payout from the at‑fault carrier

You’re not penalized for using the coverage you paid for.

7. YOU AVOID BEING TREATED LIKE A THIRD‑CLASS CITIZEN

When you file a third‑party claim, the at‑fault insurer sees you as:

  • A cost
  • A liability
  • Someone they want to pay as little as possible

When you file a first‑party claim, your insurer sees you as:

  • A customer
  • A policyholder
  • Someone they must treat fairly
  • Someone with contractual rights

The difference in treatment is night and day.

8. WHEN FILING WITH YOUR OWN INSURER IS ESPECIALLY SMART

You should strongly consider filing with your own insurer when:

  • The at‑fault insurer is delaying
  • The estimate is too low
  • OEM procedures are being ignored
  • The vehicle is newer or high‑value
  • The damage is structural
  • You need fast repairs
  • You want to use the appraisal clause
  • You want to avoid being steered to a DRP shop

In these situations, filing with your own insurer protects you from the games insurers play.

9. THE BOTTOM LINE

Filing with your own insurer gives you:

  • Contractual rights
  • Faster repairs
  • Access to the appraisal clause
  • Better communication
  • Proper OEM procedures
  • A fairer valuation
  • Protection from lowball tactics

Filing with the at‑fault insurer gives you:

  • No rights
  • No contract
  • No appraisal clause
  • No leverage
  • Delays, denials, and low offers

You paid for coverage.
You paid for rights.
You paid for protection.
Use it.


Copyright © 2018 Carolina Collision Appraisal Services - All Rights Reserved.

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