How to File a Car Insurance Claim After an Accident, Step by Step

Step 1: Deal with safety first

The Maryland Insurance Administration puts it plainly: "Remember, safety is the priority after a car collision." Call 911 if anyone is hurt. If your car can be driven and it is safe to do so, move it out of traffic.

Many states also require you to report certain crashes to police or the state motor vehicle agency within a set time, separately from any insurance claim. In California, for example, the DMV says drivers must report a crash to the DMV within 10 days if anyone was injured or killed, or if either party's property had over $1,000 in damage. Rules differ by state; see our guide to how long you have to report a car accident, by state.

Step 2: Exchange insurance information and record the scene

Before you leave the scene, the Maryland Insurance Administration suggests collecting:

• The other drivers' names, addresses and phone numbers, and their insurance information (the insurer, the insurance producer and the policy number).
• The make, model and license plate of the other vehicles.
• Names, addresses and phone numbers of witnesses.
• The officer's name and badge number, and your accident number.
• The location and time of the accident, and any other details.

Photos help. The Texas Department of Insurance (TDI) suggests photographing the scene, your car, the other vehicles, any property that was hit, and the other driver's insurance card, license and plate.

Regulators differ on how much to share. Maine's Bureau of Insurance says drivers "generally need to share only their names and car insurance information," and that sharing extra details such as home addresses or license numbers can be unnecessary and risky.

Step 3: Decide whose insurance to claim against

You usually have two options:

• A first-party claim with your own insurer, under the coverages you bought (such as collision, or medical coverage like personal injury protection where your policy has it).
• A third-party claim with the other driver's insurer, if you believe the other driver caused the crash.

The Illinois Department of Insurance notes you can file with your own company even when another driver caused the damage. The difference matters: with your own insurer you have a contract, while, as Illinois puts it, "In a third-party claim, you do not have a direct contract with the insurance company," and that insurer's main obligation is to its own policyholder. The other driver's insurer will investigate and, according to Utah's regulator, offer a settlement if it decides its customer is legally responsible.

Two practical points from state regulators:

• Your deductible applies to your own claim. Illinois explains that if you chose a deductible when you bought your policy, your company will deduct it from the settlement each time you submit a claim. Utah notes you don't pay a deductible on a third-party claim.
• Fault rules affect third-party claims. Utah, for example, says you can collect from the other side only if you are less than 50% at fault.

Even if you plan to claim against the other driver, TDI says to still let your own insurance company know about the accident, and the Maryland Insurance Administration says to contact your insurer or insurance producer "as soon as possible."

Step 4: Open the claim

Call the number on your proof-of-insurance card. Maryland notes that many insurers also let you file through a smartphone app. Have ready:

• Your policy number.
• The date, time and place of the crash.
• The other driver's insurance details and plate number.
• The police report number, if there is one.
• Your photos.

Write down your claim number and the name, phone number and email of the adjuster you're assigned. TDI recommends keeping notes on every call, including who you spoke with, and listing every document the company asks you for. For tips on how to talk to adjusters, see what not to say to an insurance company after a car accident.

Step 5: Work with the adjuster

The adjuster's job, per the Maryland Insurance Administration, is "to assess the damage and determine the payment." Adjusters may be company employees or independent contractors. The adjuster may want to inspect the car in person; Maryland says to cooperate with the adjuster's investigation.

On repairs, the Illinois Department of Insurance says you are not required to use your company's suggested repair shop, but if your shop charges more than the company's suggested shop, you may have to pay the difference. Illinois also warns that insurers "consider it to be insurance fraud if your repair shop offers to increase your repair estimate" to cover your deductible.

For injury claims made against the other driver's insurer, Utah's regulator notes that these usually aren't settled until treatment ends, and that you'll be asked to sign a release, which makes the offer your final amount.

Step 6: Know the insurer's deadlines in your state

Most states set deadlines for how quickly insurers must respond. They vary, so these are examples, not a national rule:

• California: Under the Fair Claims Settlement Practices Regulations, as summarized by the California Department of Insurance, the insurer must acknowledge the claim and begin investigating no later than 15 days after notice, accept or deny no later than 40 days after receiving proof of claim, and pay no later than 30 days after a settlement is reached.
• Texas: TDI says your company has 15 business days to acknowledge your claim, 15 business days after getting what it needs from you to say whether it will pay, and five business days to pay after agreeing. The company can extend the decision deadline by 45 days if it explains why. TDI notes these deadlines don't apply when another driver's insurance is paying the claim.
• Utah: For claims against another driver's insurer, Utah's Insurance Department says insurers must give a substantive response within 15 days of a request and have 30 days to accept or deny, with extra time allowed if the investigation runs long.

Elsewhere, check your state insurance department's website.

Step 7: Keep records until the claim is closed

TDI suggests saving receipts for every expense, taking photos and video of all damage, and keeping notes of phone calls. Our car accident records checklist has a simple way to organize them.

Step 8: If you disagree with the result

You have options:

1. Ask for it in writing. If a company in Texas rejects a claim, TDI says it must explain why in writing.
2. Check for an appraisal clause. For disputes over the value of damage to your car under your own policy, Illinois describes the usual process: each side picks an appraiser, the two choose an umpire, and a decision by any two of the three is binding.
3. Contact your state insurance department. Texas residents with questions can call TDI at 800-252-3439.
4. Consider other routes for a third-party denial. Utah's regulator says that if the other driver's insurer denies your claim, your only recourse is to claim under your own policy, sue the at-fault driver in small claims court (if your damages fall within the $20,000 limit for small claims suits), or seek other legal counsel.

Also keep time limits in mind. Utah's Insurance Department, for example, lists four years from the accident for bodily injury claims and three years for property damage, and notes that claims involving a government entity follow that entity's own deadline. Other states set different limits.

Will filing a claim raise my rates?

The regulator pages we checked don't answer this directly. TDI suggests talking with your insurer about your options, including whether to file, and weighing your deductible.

Hurt in the crash?

If you were injured and you're unsure how the insurance claim fits with a possible injury claim, you can request a free case review. We'll pass your details along so you can find out what options may apply.

Sources

• California Department of Insurance, "So You've Had an Accident, What's Next?": https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm
• California DMV, "Financial Responsibility (Insurance)": https://www.dmv.ca.gov/portal/?p=1762
• Texas Department of Insurance, "How to file your insurance claim": https://www.tdi.texas.gov/blog/file-an-insurance-claim.html
• Texas Department of Insurance, "Steps to getting your home or car insurance claim paid": https://tdi.texas.gov/tips/getting-your-insurance-claim-paid.html
• Maryland Insurance Administration, "What You Should Know About Filing an Auto Claim": https://insurance.maryland.gov/Consumer/Pages/auto-claims.aspx
• Maine Bureau of Insurance, "After an Accident": https://www.maine.gov/pfr/insurance/consumers/auto-insurance/after-an-accident
• Illinois Department of Insurance, "Filing a claim with your own insurance company": https://idoi.illinois.gov/consumers/consumerinsurance/auto/filing-an-auto-claim-with-your-own-insurance-company.html
• Utah Insurance Department, "Filing an Auto Claim" (third-party claims): https://insurance.utah.gov/consumers/auto/third-party-auto-claim

Sources checked November 10, 2026; quotes re-verified November 11, 2026.

This is general information, not legal advice. Ask Legal Matters is a free case-review request service, not a law firm.

Find the right local record source

Use the state hub for statewide agencies and the community directory to locate the place where the incident happened. The agency that responded may differ from the nearest city.