Getting hit by another driver is frustrating enough without having to navigate the claim process. The good news: if you weren’t at fault, you shouldn’t be paying for the repair. The less-good news: it’s not always as simple as “their insurance handles everything.”

Here’s how not-at-fault claims actually work in Alberta.

How fault is determined

In Alberta, fault is determined based on the circumstances of the collision. Factors include:

  • Police report (if one was filed; it’s required if combined damage is $5,000 or more or there are injuries)
  • Photos and evidence from the scene
  • Witness statements
  • Traffic laws that apply to the situation (right-of-way, signal compliance, speed)

Your insurer and the other driver’s insurer will each assess fault independently. In most cases, rear-end collisions, red-light violations, left-turn-into-oncoming, fault is clear-cut. In others, fault may be split (e.g., 50/50 or 75/25).

Two paths: claim through yours or theirs

When you’re not at fault, you have two options:

Option 1: Claim through YOUR insurer (first-party claim)

  • You file a claim with your own insurance company
  • They pay to repair your vehicle under your collision coverage
  • You pay your deductible upfront
  • Your insurer then pursues subrogation: they recover the costs from the at-fault driver’s insurer
  • Once recovered, your deductible is returned to you

This is usually faster because your own insurer has a direct relationship with you and will process the claim without waiting for the other side.

Option 2: Claim through THEIR insurer (third-party claim)

  • You file a claim directly with the at-fault driver’s liability insurance
  • Their insurer pays for the repair once they accept liability
  • You typically don’t pay a deductible
  • The process is often slower because you’re not their customer: you’re a claimant

The third-party route avoids the upfront deductible, but it can take longer because the other insurer has to complete their investigation before authorizing anything.

Which option is better?

For most people, Option 1 is faster and less stressful. You deal with your own insurer, get your car into a shop you choose, and get the repair started sooner. Your deductible comes back once subrogation is complete.

Option 2 makes sense if you don’t carry collision coverage on your policy, or if you want to avoid any upfront cost and don’t mind waiting.

Will a not-at-fault claim raise my premiums?

In Alberta, a not-at-fault claim should not increase your premiums. Insurers are not supposed to penalize you for a collision that wasn’t your fault.

That said, your claims history does show the incident. If you’re shopping for new insurance, a new insurer might ask about it. Having the police report and documentation showing you were not at fault is helpful.

What you should do at the scene

Protect yourself from the start:

  1. Call police if combined damage is $5,000 or more or anyone is injured, and know where to report it (and always in a hit and run)
  2. Exchange information: name, phone, insurance company, policy number, driver’s licence, plate number
  3. Take photos: all vehicles (damage + plates), the scene, road conditions, traffic signs, and the other driver’s licence and insurance card
  4. Get witness info if anyone saw what happened
  5. Don’t admit fault: even a casual “sorry” can complicate things later
  6. File a collision report at a police station within 24 hours if police didn’t attend the scene

Our full guide on what to do after a collision covers every step.

Rental car coverage

If you have rental car coverage on your policy, it kicks in regardless of fault. If you don’t, and you’re pursuing a third-party claim, the at-fault driver’s liability coverage may pay for a rental, but this can take time to arrange.

Read more in our rental car guide.

Diminished value

Even after a perfect repair, your vehicle loses resale value because of the accident on its Carfax. If you weren’t at fault, you may be able to claim diminished value from the at-fault driver’s insurer. It’s a separate claim from the repair itself.

Choosing a shop

Whether you claim through your insurer or theirs, you choose the shop in Alberta. The insurer may suggest a preferred shop, but the decision is yours. Pick a shop based on warranty, reputation, and whether they direct-bill your insurer.

The bottom line

A not-at-fault collision claim is manageable if you document the scene, report it properly, and understand your two claim paths. Most people are best served filing through their own insurer for speed, then getting their deductible back through subrogation.

Always confirm coverage details, fault determination, and claim options with your insurer. This guide is educational and may not reflect your specific policy or situation.