What happens after you file a car crash claim
After you report a crash to your insurance company, an adjuster will contact you within one to three business days. The adjuster's job is to investigate the damage, determine who was at fault, and decide how much your insurer will pay. You will need to provide a police report number (if one was filed), photos of the damage, and the other driver's insurance information. The adjuster may inspect your vehicle in person or ask you to take it to a repair shop they recommend.
The timeline from filing to payment varies. straightforward claims with clear liability and minor damage may settle in two to four weeks. Complex claims—those involving multiple vehicles, injuries, disputed fault, or significant damage—can take two to three months or longer. Your insurer will send you a settlement offer once the investigation is complete. You can accept it, negotiate it, or reject it and pursue other options.
Key Takeaways
- You must report the crash to your insurance company within the timeframe stated in your policy, usually 30 to 60 days, or risk losing coverage.
- Gather the police report number, photos of all vehicle damage, the other driver's name and insurance details, and contact information for any witnesses before you call.
- An adjuster will investigate and make an offer; you are not required to accept the first offer and can ask for a detailed breakdown of how they calculated the amount.
- If you disagree with the settlement, you can request an independent appraisal, file a complaint with your state insurance commissioner, or hire a lawyer to pursue a claim.
What information you need to gather at the scene
Collect as much detail as possible while you are still at the crash site. Write down the other driver's full name, phone number, address, driver's license number, and vehicle identification number (VIN). Get their insurance company name, policy number, and agent contact information. Take photos of all vehicle damage from multiple angles, the accident scene, traffic signs or signals, and any visible road conditions that may have contributed to the crash.
Ask any witnesses for their names and phone numbers. If police arrive, get the officer's name and badge number, and ask for the report number or case number. Do not admit fault or apologize for the crash, as anything you say can be used against you later. If you are injured, seek medical attention when ready and keep all medical records and receipts.
How to file the claim with your insurance company
Call your insurance company's claims line as soon as possible after the crash. Most insurers have a 24-hour claims hotline listed on your policy card or bill. Have the other driver's information, your policy number, and a brief description of what happened ready when you call. The representative will ask you to describe the crash, confirm the vehicles and people involved, and explain any injuries.
You can also file online through your insurer's website or mobile app if you prefer. Some companies allow you to upload photos and documents directly. Whether you call or file online, keep a record of the date and time you reported the crash, the name of the person who took your report, and any reference or claim number they give you. Follow up in writing (email or letter) within a few days to confirm the details you reported.
Understanding the adjuster's investigation and settlement offer
Once your claim is assigned to an adjuster, they will review the police report, your statement, photos, and the other driver's statement. They may request repair estimates from body shops and inspect your vehicle. If the other driver's insurer is involved, the adjusters may communicate to determine fault. In some states, fault is determined by comparative negligence rules, meaning both drivers can share responsibility.
The adjuster will send you a written settlement offer that breaks down the damage estimate, the deductible you owe, and the amount your insurer will pay. Read this carefully. If the offer seems low, you can request an itemized estimate from a repair shop of your choice and ask the adjuster to explain how they calculated the damage. You can also ask for a copy of the adjuster's inspection report and photos.
What to do if you disagree with the settlement offer
If you believe the settlement is unfair, you have several options. First, ask the adjuster for a detailed explanation of their damage estimate and liability information. Sometimes miscommunication or missing information causes a low offer. If the adjuster will not budge, request an independent appraisal. Many insurance policies include an appraisal clause that allows you and your insurer to each hire an appraiser; if they disagree, a third neutral appraiser decides the amount.
If you still disagree after appraisal, you can file a complaint with your state's insurance commissioner or department of insurance. This is a free process and does not require a lawyer. The commissioner's office will investigate whether your insurer violated state insurance laws. If you believe the other driver was at fault and your insurer is not pursuing their insurer for reimbursement, or if you have injuries and the settlement does not cover them, you may want to consult a personal injury lawyer to discuss whether a lawsuit is worth pursuing.
Dealing with the other driver's insurance company
If the other driver was at fault, their insurer may contact you to take a statement. You are not required to speak with them, and many people choose not to. Anything you say to the other driver's insurer can be used against you if the case becomes disputed. If you do speak with them, stick to the facts and do not speculate about how the crash happened.
If the other driver's insurer offers to settle your claim directly, be cautious. Their goal is to pay as little as possible. Do not sign anything or accept a check without understanding what you are agreeing to. Some settlement agreements include language that prevents you from pursuing further claims. If the other driver was clearly at fault and your damages are significant, it is often better to file through your own insurer and let them handle the other company.
When to consider hiring a lawyer for your claim
You do not need a lawyer for most straightforward car crash claims. However, a lawyer may be worth consulting if your injuries are serious, the other driver disputes fault, your insurer denies the claim, or the settlement offer is far below your actual damages. Many personal injury lawyers work on contingency, meaning they take a percentage of what you recover and charge nothing upfront.
Before hiring a lawyer, understand that they will take 25 to 40 percent of any settlement or judgment, plus costs for filing fees and informed witnesses. For small claims, this may not be worth it. For larger claims involving significant injury or property damage, a lawyer can often recover more than you would on your own. Interview at least two lawyers and ask about their experience with car crash cases in your state.
Frequently Asked Questions
How long do I have to report the crash to my insurance company?
Most policies require you to report within 30 to 60 days. Check your policy documents for the exact important date. Reporting late can result in denial of your claim, so call as soon as you can after the crash, even if you are still gathering information.
Do I have to use the repair shop my insurance company recommends?
No. You can use any licensed repair shop you choose. Your insurer may have preferred shops that they work with regularly, but you are not required to use them. Get estimates from multiple shops and compare the quality and price before deciding.
What if the other driver does not have insurance?
If the other driver is uninsured, you can file a claim under your own uninsured motorist coverage if you have it. This coverage pays for damage and injuries caused by an uninsured driver. If you do not have this coverage, you may need to pursue the other driver in small claims court or hire a lawyer to sue them directly.
Can my insurance company deny my claim if I was partially at fault?
It depends on your state's laws. In comparative negligence states, you can recover even if you were partially at fault, though your payment will be reduced by your percentage of fault. In contributory negligence states, being any percent at fault may disqualify you. Your adjuster can explain how your state's rules explore to your crash.
What should I do if my insurer denies my claim?
Ask the insurer in writing why they denied it. Review your policy to see if the denial reason matches the coverage terms. If you believe the denial is wrong, file a complaint with your state insurance commissioner. You can also consult a lawyer to review whether you have grounds to challenge the denial in court.