Getting into a car accident is stressful enough. Figuring out what to do afterward should not be. Whether you were rear-ended at a stoplight or hit by a driver who ran a red light, knowing how to file a car accident claim correctly can be the difference between full compensation and leaving money on the table, especially in more serious car accidents involving significant injuries.
This guide walks you through every step of the auto insurance claims process, from the scene of the crash to settlement, including the documents you need, common mistakes to avoid, and when it makes sense to get a lawyer involved.
What Is a Car Accident Claim?
A car accident claim is a formal request for compensation submitted to an insurance company after a crash. Depending on the circumstances, you may file a claim with your own insurer, the at-fault driver’s insurer, or both, depending on your auto insurance policy and its coverage limits.
There are two main types of auto insurance claims:
First-party claim: Filed with your own insurance company, typically under collision, uninsured motorist, or MedPay coverage; collision coverage pays for your vehicle’s damage after an accident, comprehensive coverage protects against non-collision incidents, and some policies also include rental car reimbursement benefits while repairs are underway.
Third-party claim: Filed directly against the at-fault driver’s liability insurance to recover damages for your injuries, vehicle damage, and other losses.
Step 1: Prioritize Safety and Call 911
Before anything else, check yourself and others for injuries. If anyone is hurt or the vehicles are blocking traffic, call 911 immediately. Do not move injured people unless there is an immediate danger.
A police report is one of the most important documents in your claim. Officers document the scene, gather statements, and sometimes assign fault on the spot. In many states, you are legally required to report accidents that result in injury or property damage above a certain threshold. In some states, if the accident results in more than $1,000 in property damage, you must report it to the department of motor vehicles or DMV within 10 days. Filing rules after the accident occurred can vary based on state requirements and several factors, including injuries and the damage caused. Even if the crash seems minor, get an officer on the scene. If officers respond, obtain the accident report from the local police department.
Step 2: Gather Information at the Accident Scene
The information you collect in the minutes after a crash, including details from the accident scene, directly affects your ability to file a successful auto insurance claim. Before you leave the scene, get:
- Full name, phone number, and address of all drivers involved
- Driver’s license numbers
- License plate numbers
- Exchange insurance information, and if possible photograph each driver’s insurance card
- Names and contact information of any witnesses
- The responding officer’s name and badge number
- Photos of the vehicles involved, the accident scene, road conditions, and any visible injuries
One important caution: do not apologize or admit fault during initial conversations with the other party at the scene. Even a casual “I’m sorry” can be used against you during the claims process, including after a hit and run driver situation if someone later contacts you.
Step 3: Seek Medical Attention Right Away
If you were injured, get medical care immediately, even if you feel okay. Injuries like whiplash, soft tissue damage, and concussions often do not produce symptoms until hours or days after the accident.
Delaying treatment is one of the most common reasons insurers reduce or deny injury claims. They will argue that your injuries were not serious, or that something else caused them. A prompt medical evaluation creates an official record linking your injuries to the crash. If you live in a No-Fault state, you may need to file a No-Fault claim for benefits in a timely manner within 30 days of the accident, and prompt treatment also improves access to the records needed to support the claim.
Step 4: Report the Accident to Your Insurance Company
Most auto insurance policy terms require you to report accidents promptly, regardless of fault. Contact your insurer, insurance carrier, or insurance agent as soon as possible after the crash, even if you plan to file a third-party claim against the at-fault driver’s insurance.
When you call, stick to the basic facts: when and where the accident happened, the other driver’s information, including their insurance information, and that you plan to file a claim. You are not required to give a recorded statement right away, and it is often wise to speak with an attorney before doing so. A claims agent or agent may also answer questions about coverage, payment, and next steps.
Step 5: File the Auto Claim and Submit Your Documents
Once you report the accident, the insurer will open a claim file for your auto claim and assign an adjuster. You will be asked to submit supporting documentation your insurer may request to process a physical damage claim or injury claim. Here is what you will typically need when claiming insurance for car damage and injuries:
- Copy of the police report
- Photos and video from the scene
- Medical records and bills related to your injuries
- Proof of lost wages if you missed work
- Repair estimates for vehicle damage, the expected cost, and the repair shop you plan to use for repairs
- Contact information for all witnesses
If you are seeking No-Fault benefits, insurers generally must issue payment within 30 days after receiving proper proof, and if you are uninsured, you may need to file through MVAIC where applicable.
Keep copies of everything you submit and create a dedicated folder for all claim-related documents.
Step 6: Work With the Claims Adjuster on Vehicle Repairs
An insurance adjuster will investigate your claim, inspect the vehicle damage, review your medical records, and may also review responsibility for the crash before determining how much the insurer is willing to pay. Remember: adjusters work for the insurance company, not for you. Their goal is to settle your claim for as little as possible. We’ve seen this pattern play out again and again in the cases we’ve won for clients who almost accepted an early lowball offer.
If your vehicle is declared a total loss, the insurer will value it differently than if it can be repaired.
A few things to keep in mind:
- You are not required to accept the first settlement offer
- You can negotiate and provide additional documentation to support a higher value
- Do not sign any releases or accept a settlement until you know the full extent of your injuries and treatment costs
- Be cautious about giving recorded statements without legal guidance
Common Mistakes That Reduce Your Compensation
Even a well-documented claim can fall short if you make one of these errors:
- Waiting too long to seek medical care. Gaps in treatment give insurers room to argue your injuries were not serious or caused by something else.
- Posting on social media. Photos or posts about your activities after the accident can be used to undermine your injury claim.
- Accepting a quick settlement. Early offers rarely reflect the full value of your claim. Once you accept, you typically cannot ask for more.
- Giving a recorded statement too soon. You may say something taken out of context or used to minimize your claim.
- Missing filing deadlines. Every state has a statute of limitations for filing a personal injury lawsuit. Missing it can permanently bar your claim. Most states are 2-3 years from the day of the accident.
Frequently Asked Questions
How long do I have to file a car accident claim? It depends on your state. Most states have a statute of limitations of two to three years from the date of the accident to file a personal injury lawsuit. You should notify your insurance company as soon as possible, as most policies require prompt reporting. Claim deadlines and coverage limits also depend on your policy and state law.
What if the other driver does not have insurance? If the at-fault driver is uninsured, you may be able to recover through your own uninsured motorist (UM) coverage. If you do not have UM coverage, you may need to pursue the at-fault driver directly, which is where an attorney can help. Collision coverage usually pays for damage to your car after a crash, while comprehensive coverage applies to non-collision losses.
Can I file an auto insurance claim without a police report? Yes, but it makes the process harder. Without a report, it becomes your word against the other driver’s. A police report provides an official, third-party account of what happened, which strengthens your claim significantly, and getting the accident report from the local police department can further strengthen the file if officers responded.
Will filing a claim raise my insurance rates? Filing a third-party claim against another driver’s insurance typically does not affect your rates. Filing against your own policy for an at-fault accident may impact your premium at renewal.
Injured in a Car Accident? Lowe Law Group Is Ready to Help.
The insurance company has adjusters and attorneys working to limit your payout from the moment you report a crash. You deserve someone fighting just as hard on your side.
At Lowe Law Group, we represent car accident victims on a contingency fee basis, which means you pay nothing unless we win your case. Our team handles the insurance company so you can focus on recovering.
Contact Lowe Law Group today for a free consultation. Tell us what happened, and we will tell you what your claim is worth.
