Automotive

Insurance forcing me to file at fault claim?

  • Last Updated:
  • Feb 14th, 2018 5:59 pm
[OP]
Jr. Member
Jun 19, 2008
196 posts

Insurance forcing me to file at fault claim?

Hey everyone, just wanted to seek some advice/info from those more informed than me.

A few months ago, I rear ended someone, causing a small dent in the car ahead of me. I went to the collision centre the next day and filed a police report. We ended up settling out of pocket and I paid $150 to the guy I hit for the repair.

Today, my insurance calls telling me that I have to file an at fault claim. They confirmed that no one filed a claim against me, but because I signed off on the collision report saying it was ok for the police to send the report to my insurance, I need to file an at fault claim. But my understanding is, since I paid out of pocket, why do I have to file anything at all? Now they're going to bump up my policy for no reason? I don't understand.

Any advice?

Thanks.
33 replies
Deal Expert
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Sep 21, 2010
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Nonchalant_ wrote: Hey everyone, just wanted to seek some advice/info from those more informed than me.

A few months ago, I rear ended someone, causing a small dent in the car ahead of me. I went to the collision centre the next day and filed a police report. We ended up settling out of pocket and I paid $150 to the guy I hit for the repair.

Today, my insurance calls telling me that I have to file an at fault claim. They confirmed that no one filed a claim against me, but because I signed off on the collision report saying it was ok for the police to send the report to my insurance, I need to file an at fault claim. But my understanding is, since I paid out of pocket, why do I have to file anything at all? Now they're going to bump up my policy for no reason? I don't understand.

Any advice?

Thanks.
So one has the option to prevent the police from reporting to the insurer? I assume that there are exceptions to this right?
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Deal Fanatic
Nov 22, 2015
5789 posts
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Shouldn't have gone to the police if you planned to pay out-of-pocket...

I think you may be screwed and be forced to make the claim or face possible cancellation of your policy.
Deal Addict
Mar 22, 2004
3467 posts
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Nonchalant_ wrote: Hey everyone, just wanted to seek some advice/info from those more informed than me.

A few months ago, I rear ended someone, causing a small dent in the car ahead of me. I went to the collision centre the next day and filed a police report. We ended up settling out of pocket and I paid $150 to the guy I hit for the repair.

Today, my insurance calls telling me that I have to file an at fault claim. They confirmed that no one filed a claim against me, but because I signed off on the collision report saying it was ok for the police to send the report to my insurance, I need to file an at fault claim. But my understanding is, since I paid out of pocket, why do I have to file anything at all? Now they're going to bump up my policy for no reason? I don't understand.

Any advice?

Thanks.
Too late, once you filed the report you are done. Does not matter if you claimed anything or not. I did this mistake 20 years ago.... What you can do now is try to recover whatever you paid out of pocket since your rate will go up anyway.
Sr. Member
Jun 8, 2007
999 posts
293 upvotes
Mississauga
For what it's worth, if the damage is less than $2,000 you are not required to report a collision to the police. https://www.thinkinsure.ca/insurance-he ... tario.html

Unfortunately by choosing to report this and signing a report that (it sounds like) allows the information to be released to your insurance, you have effectively reported the collision to your insurance.

That said, this same article indicates that you are required to report all collisions to your insurance company. It's my opinion that this is so they can then increase your rates...
[OP]
Jr. Member
Jun 19, 2008
196 posts
I didn't know at the time that we would be settling out of pocket.

I thought the rule of thumb was to always file a police report after any accident, no matter what the damage - just to cover my ass in case the other party wanted to file a claim.

So at this point, I guess there is nothing else I can do?
[OP]
Jr. Member
Jun 19, 2008
196 posts
So, question. What if I basically tell the insurance company F U, and that I don't want to file a claim. What is the worst that can happen? They cancel my policy? Wouldn't I just be able to bring my business somewhere else?

Just trying to see what options I have. Forcing me to file a claim makes absolutely no sense to me, but then again I haven't been in too many accidents so I don't know it all.
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Jun 19, 2001
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So many of these insurance threads make no sense at all (even if all responses are correct, which is rare) because the province isnt mentioned, and people are throwing answers out based on different locations

Ontario did change the rules so that minor amounts paid out of pocket cannot be used against you. If that is it on your record

"After June 1st, insurers are no longer allowed to use a minor at-fault accident against you to increase your premiums. The definition of minor in this case means that there were no injuries, no insurer paid out as a result, and damage was less than $2,000 per car paid out-of-pocket by the at-fault driver. This provision is limited to one minor accident every three years."http://www.autotrader.ca/newsfeatures/2 ... n-ontario/
Deal Addict
Aug 20, 2007
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Kitchener
you will need to file an at fault but if you paid for the damages for both your vehicle and the other party than as of june 1, the claim can not be used for rating. So while this will show up on your record it will not have an impact since no insurer had paid out any monies.
Deal Expert
Aug 2, 2001
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Nonchalant_ wrote: So, question. What if I basically tell the insurance company F U, and that I don't want to file a claim. What is the worst that can happen? They cancel my policy? Wouldn't I just be able to bring my business somewhere else?

Just trying to see what options I have. Forcing me to file a claim makes absolutely no sense to me, but then again I haven't been in too many accidents so I don't know it all.
The question at hand is do you have to disclose accidents you are involved in to the insurance company even if they do not make a claim? I would assume yes.
Deal Addict
Mar 22, 2004
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Nonchalant_ wrote: So, question. What if I basically tell the insurance company F U, and that I don't want to file a claim. What is the worst that can happen? They cancel my policy? Wouldn't I just be able to bring my business somewhere else?

Just trying to see what options I have. Forcing me to file a claim makes absolutely no sense to me, but then again I haven't been in too many accidents so I don't know it all.
TOO LATE!!!! It does not matter now. You registered an accident with collision centre which you were at fault. It is on your driving record. File the damn claim and get your money back. Your insurance will go up anyway. Next time if you get into fender bender don't go to collision centre. Settle out of it.
Deal Addict
Mar 22, 2004
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peelhic wrote: you will need to file an at fault but if you paid for the damages for both your vehicle and the other party than as of june 1, the claim can not be used for rating. So while this will show up on your record it will not have an impact since no insurer had paid out any monies.
Wrong. You had at fault accident. Thats all insurance cares about. Now if you paid for it or not it does not matter.
Deal Guru
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Mar 8, 2002
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Nonchalant_ wrote: So, question. What if I basically tell the insurance company F U, and that I don't want to file a claim. What is the worst that can happen? They cancel my policy? Wouldn't I just be able to bring my business somewhere else?
Of course you could bring your business elsewhere but you'd be charged a higher rate for having a policy cancelled, insurance companies don't like to see that.
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Aug 20, 2007
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romsan04 wrote: Wrong. You had at fault accident. Thats all insurance cares about. Now if you paid for it or not it does not matter.
Actually your wrong, as of June 1 2016 in Ontario at fault claims that have no payout by either insurer, ie you covered the damages, can not be used for rating. Feel free to contact FSCO if you don't believe me :)
Deal Fanatic
Apr 11, 2006
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zoro69 wrote: Ontario did change the rules so that minor amounts paid out of pocket cannot be used against you. If that is it on your record

"After June 1st, insurers are no longer allowed to use a minor at-fault accident against you to increase your premiums. The definition of minor in this case means that there were no injuries, no insurer paid out as a result, and damage was less than $2,000 per car paid out-of-pocket by the at-fault driver. This provision is limited to one minor accident every three years."http://www.autotrader.ca/newsfeatures/2 ... n-ontario/
peelhic wrote: you will need to file an at fault but if you paid for the damages for both your vehicle and the other party than as of june 1, the claim can not be used for rating. So while this will show up on your record it will not have an impact since no insurer had paid out any monies.
peelhic wrote: Actually your wrong, as of June 1 2016 in Ontario at fault claims that have no payout by either insurer, ie you covered the damages, can not be used for rating. Feel free to contact FSCO if you don't believe me :)
OP is in Ontario. Above responses regarding the change that was effective June 1, 2016 is correct.
romsan04 wrote: Wrong. You had at fault accident. Thats all insurance cares about. Now if you paid for it or not it does not matter.
This response is wrong and deserves downvotes.
[OP]
Jr. Member
Jun 19, 2008
196 posts
Big thanks to zoro, peelhic & kenchau for the facts! Had no idea about the minor at fault accident rule, so that's relieving :)

Thanks again everyone
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Oct 5, 2008
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romsan04 wrote: Wrong. You had at fault accident. Thats all insurance cares about. Now if you paid for it or not it does not matter.
you're wrong. And people actually upvoted the answer.
peelhic wrote: Actually your wrong, as of June 1 2016 in Ontario at fault claims that have no payout by either insurer, ie you covered the damages, can not be used for rating. Feel free to contact FSCO if you don't believe me :)
this is correct
Last edited by Swerny on Feb 14th, 2018 9:05 am, edited 1 time in total.
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Aug 11, 2008
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yes, because its now on record
TrevorK wrote: The question at hand is do you have to disclose accidents you are involved in to the insurance company even if they do not make a claim? I would assume yes.
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COSMIC5 wrote: yes, because its now on record
Does this mean the insurance rate goes up?

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