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After a Car Accident: Step-by-Step Insurance Claim Guide

Updated October 21, 2026 · By the VeriAdvisor editors

The hours after a car accident are confusing, and decisions made then can affect an insurance claim for months. You may be hurt, your car may be damaged, and an adjuster may call before you have seen a doctor or a repair estimate. This guide walks through the steps in order: what to do at the scene, how to start claims, how fault and deadlines work in California, New York, Texas, Florida and Illinois, and how to avoid common mistakes with settlements. It is general information, not legal advice. Rules vary by state and by policy, so use this as a checklist, and consult an attorney if anyone is seriously hurt.

At the scene

1. Check for injuries and call 911 if anyone is hurt or if the road is blocked. Medical attention comes first; even a minor-looking injury should be evaluated.
2. Move to safety if the vehicles can be driven and it is safe to do so, and turn on hazard lights.
3. Call the police to create a report when there is an injury, significant damage, a disagreement about fault, or a possible uninsured driver. A police report is a key document for the insurer.
4. Exchange information: names, phone numbers, addresses, driver's license and plate numbers, insurance company and policy number. Photograph the other driver's insurance card and license.
5. Document the scene with photos or video of all vehicles, the damage, license plates, skid marks, road signs, signals, weather and visible injuries. Note the time and location. Get contact details for witnesses.
6. Be careful what you say. Be polite and factual with the other driver. Do not say "it was my fault" or "I'm fine"; you may not know what happened or how you are hurt. Let the police and insurers determine fault.

The first 48 hours

• See a doctor. Whiplash, concussions and soft-tissue injuries often show up later. Prompt treatment protects your health and creates a record. In some states it is also a legal requirement for benefits (see no-fault below).
• Report the accident to your own insurer promptly, even if you think the other driver was at fault. Most policies require "prompt notice," and late notice can complicate coverage. Give the facts, but you generally do not need to give a recorded statement to the other driver's insurer.
• Report to the state if required. Many states require a report to the motor vehicle agency when there is injury or property damage over a threshold. California, for example, requires a Form SR-1 report within 10 days if damage exceeds $1,000 or anyone is hurt. Check your state's requirement.
• Keep a file. Save the claim number, adjuster's name, every email and letter, photos, repair estimates, medical records and receipts. Keep a short log of phone calls with dates.

Whose insurance pays? Fault, no-fault and comparative negligence

How you recover depends on your state's system. In "at-fault" states, the driver who caused the crash is responsible, and you can claim against their liability insurance or your own collision coverage. In "no-fault" states, your own insurance pays some medical costs regardless of fault. And in nearly all states, your share of blame can reduce your recovery.

For example, with invented numbers: If a jury found your damages to be $20,000 and you were 30 percent at fault, a pure comparative state would reduce your recovery to $14,000 ($20,000 x 0.70). In Texas, Florida or Illinois you would also receive $14,000, since 30 percent is below the 50 percent bar. If you were 60 percent at fault, you would receive nothing in those three states but could still recover $8,000 ($20,000 x 0.40) in California or New York.

Types of claims you may have

• Collision coverage (your policy): pays to repair your car minus your deductible, regardless of fault. Your insurer may then recover the money from the at-fault driver's insurer, and your deductible may be refunded.
• Third-party liability claim: a claim against the at-fault driver's insurer for repairs, medical bills, lost income and pain and suffering.
• Medical payments or PIP: coverage on your own policy for medical bills, in some states regardless of fault.
• Uninsured/underinsured motorist (UM/UIM): your own coverage when the at-fault driver has no or too little insurance. It is available in many states and mandatory or must be offered in some.
• Rental or loss-of-use: reasonable rental costs while your car is repaired, under your policy or as part of the third-party claim.

Property damage: repairs, total loss and diminished value

The adjuster will inspect or estimate the car. You may get your own estimates; you are generally not required to use the insurer's preferred shop, although the insurer may only pay what it considers a reasonable repair cost. If repair costs approach the car's value, the insurer declares a total loss and offers the actual cash value (ACV), based on comparable vehicles in your area. Check the comparables, mileage, options and condition, and push back with listings, service records and recent sales if the number seems low. See our total loss value dispute calculator. Total loss thresholds vary by state and by insurer.

"Diminished value" is the drop in a car's resale value after it has an accident history, even after perfect repairs. Many states allow third-party claims for it, but recovery from your own insurer is much more limited. Use the diminished value calculator to gauge a realistic claim. If your car is a new one with recurring defects unrelated to the accident, our guide on lemon law basics may apply instead.

Dealing with adjusters

An adjuster works for the insurance company, not for you. Adjusters can be courteous, but their job is to resolve claims at a reasonable cost to the company. Practical rules:

• Be accurate and brief. Stick to facts; do not guess about speed, distance or your injuries.
• You can decline to give a recorded statement to the other driver's insurer. You usually must cooperate with your own insurer under your policy.
• Do not sign broad medical authorizations that let the insurer search years of records. Provide records relevant to the accident.
• Do not accept a quick offer before you know the full extent of your injuries. Soft-tissue injuries can take weeks to show their effects.
• Put important requests in writing, and follow up phone calls with an email summary.

Insurer deadlines you can enforce

States regulate how fast insurers must act. In California, the Fair Claims Settlement Practices Regulations require an insurer to acknowledge a claim within 15 calendar days (10 CCR 2695.5(e)), and to accept or deny within 40 days of receiving proof of claim, with written status updates every 30 days if more time is needed (2695.7(b) and (c)). Other states have similar prompt-payment rules, often in the insurance code, with different day counts. If an insurer misses its deadlines, a written complaint to your state's department of insurance is free and often effective. For serious cases of bad faith, see the insurance bad faith delay audit.

Injury claims and the deadline to sue

If you were injured, the deadline to file a lawsuit is a statute of limitations, and it is far shorter than people expect. For negligence injury claims: California 2 years (Code of Civil Procedure 335.1), New York 3 years (CPLR 214), Texas 2 years (Civil Practice and Remedies Code 16.003), Florida 2 years for negligence accruing after March 24, 2023 (Fla. Stat. 95.11, as amended by HB 837), and Illinois 2 years (735 ILCS 5/13-202). Claims against government vehicles often require a notice within months. Insurers negotiating with you do not extend these deadlines. See statutes of limitations explained and the personal injury deadline calculator.

Settlement: what to know before you sign

1. Finish treatment or reach a clear prognosis first. A settlement almost always ends the claim for good, including future problems you did not anticipate.
2. Total your losses. Medical bills (past and future), lost wages, repair or replacement costs, out-of-pocket costs, and compensation for pain and suffering.
3. Check for liens. Health insurers, Medicare, Medicaid or hospitals may be entitled to repayment out of your settlement. Our medical lien net payout calculator helps estimate your net.
4. Read the release. It may cover more than you expect. The release of all claims redline tool can highlight problem language.
5. Send a demand if you negotiate yourself. A well-organized letter with documentation helps; see how to write a demand letter and the auto accident demand letter generator.

When to hire a lawyer

Consider speaking to a personal injury attorney if you were seriously injured, if fault is disputed, if the other driver is uninsured, if the insurer denies or delays, or if your medical bills are substantial. Most personal injury lawyers work on contingency, so you pay a percentage only if you recover; compare terms with the contingency versus hourly fee calculator. For small property damage claims, you may handle the claim yourself, and small claims court is the backstop for disputes under the court's limit. This article is general information, not legal advice.

Sources

• California Department of Insurance, Auto insurance guides
• New York DFS, Auto insurance and no-fault
• Texas Department of Insurance, Auto insurance
• Florida Statutes 627.736, PIP benefits
• Texas Civil Practice and Remedies Code, Chapter 16
• King & Spalding, Florida HB 837 summary

General legal information, not legal advice. Laws differ by state and change often. Check the official sources linked above, and talk to a licensed attorney or your local legal aid office before you act. Spotted a mistake? Email huhuwen09@gmail.com with the page address and we will check and correct it.