Almost nobody reads about the claims process before they need it, which is why the first hour after a crash tends to be the least organized. The sequence below is worth knowing in advance, because several of the decisions are made at the scene.
At the scene
Safety first. Move out of traffic if the vehicles are drivable and it is safe to do so. Hazard lights on. In many places moving damaged vehicles out of active lanes is expected rather than discouraged, but leave them in place if anyone is injured or if you are told to.
Call the police. Requirements for reporting vary by state, often keyed to injury or to a damage threshold, but a report is useful well beyond the legal requirement. It creates a contemporaneous record of the vehicles, the parties, the location and the conditions. Ask how to obtain a copy or the report number.
Exchange information:
- Name, address and phone number
- Insurer and policy number
- Driver's license number
- Vehicle make, model and license plate
- The name of the registered owner, if it is not the driver
Photograph more than you think you need. Both vehicles from several angles, including undamaged sides. The overall scene showing vehicle positions. Skid marks, debris and road conditions. Traffic signals and signage. The other vehicle's plate and VIN. Any visible injuries. Photograph the other driver's insurance card and license rather than transcribing them.
Get independent witnesses. Their name and phone number, taken before they leave, is often the only thing that resolves a disputed account later.
Be careful about fault. Exchange information, cooperate with police, and describe what happened factually. Avoid apologizing or speculating about fault, not to be evasive, but because fault is a legal determination made from the full picture, and an offhand statement at the roadside can be given weight it does not deserve. You may not know what the other driver did.
Reporting the claim
Report to your own insurer promptly, even if you believe the other driver was at fault and even if you do not intend to file. Policies contain a notice condition, and insurers generally want the opportunity to investigate while evidence is fresh.
You then have a choice about which policy to claim against.
| Route | How it works | Trade-off |
|---|---|---|
| Your own collision coverage | First party. Your insurer handles the repair without waiting to establish fault | Faster, but your deductible applies up front |
| The other driver's liability coverage | Third party. Their insurer pays for damage they caused | No deductible, but depends on their insurer accepting fault, and can take longer |
Many people file with their own insurer specifically to get the car repaired sooner, then recover the deductible through subrogation. Both routes are legitimate. The first requires that you actually carry collision, which is covered in car insurance coverage types.
The adjuster and the estimate
An adjuster is assigned to investigate, determine coverage, assess fault where relevant, and value the loss. Depending on the insurer and the severity, the inspection may be in person, at a drive-in center, or through photographs you submit.
You will get a written estimate. Read it. It lists each operation, each part, and whether parts are new original equipment, aftermarket, or recycled. Rules on what parts an insurer may specify, and what has to be disclosed to you, vary by state.
Supplements are normal. Damage hidden behind a bumper cover or a panel is not visible until disassembly, and the shop submits a supplement for the additional work. An initial estimate is a starting figure, not a final one.
Choosing a repair shop. In many states you have the right to select the repairer. Insurers commonly maintain networks of shops with pre-agreed rates and workmanship guarantees, and using one usually streamlines the process, but a network shop is generally a convenience rather than an obligation. State rules on steering vary, so check your state's Department of Insurance if you feel pressured.
While your car is out of service
Rental reimbursement pays toward a rental during a covered repair, if you carry it. It typically has a daily cap and an overall cap, and it ends when the repair is complete or the vehicle is declared a total loss, not when you feel ready to give the rental back. If the other driver is at fault, their liability coverage may pay for your loss of use instead.
If the vehicle turns out to be a total loss, the process changes, and when your car is totaled covers what happens next.
Your deductible and getting it back
If you claimed under your own collision coverage, your deductible comes out of the settlement. Subrogation is the process by which your insurer pursues the at-fault driver's insurer for what it paid.
If that recovery succeeds, your deductible is commonly returned, in full or in proportion to the fault assigned to the other driver. In comparative negligence states, being assigned part of the fault reduces the recovery proportionally. It is not quick, and it depends on the other driver being identified and insured.
More detail in how car insurance deductibles work.
If anyone was injured
Injury claims run on a separate track from vehicle damage and take longer.
Which coverage pays first depends on your state. In no-fault states, personal injury protection generally pays your medical expenses regardless of fault, and the right to sue the other driver is limited by a threshold. In tort states, the at-fault driver's bodily injury liability coverage is the primary route, with MedPay available on your own policy if you carry it, alongside personal injury protection where your state uses it. See no-fault vs at-fault states.
Health insurance interaction. Your health plan may pay and then assert a lien or subrogation interest against any settlement. Ask about this before assuming a settlement is yours to keep.
Do not rush a settlement on an injury. Some injuries present days later, and a release signed early generally closes the claim permanently. This is the point where speaking with a licensed professional about your specific situation is worthwhile.
If the at-fault driver has no coverage or not enough, your own uninsured and underinsured motorist coverage is what responds.
Deadlines that actually bind
Several clocks start at the crash, and every one of them varies by state:
- Police reporting requirements, often keyed to injury or damage
- Notice to your insurer under the policy's conditions
- Prompt-payment and claim-handling timeframes imposed on insurers
- The statute of limitations for a lawsuit
- Any suit limitation period in the policy itself
Your state's Department of Insurance publishes claim-handling rules, and a licensed professional can tell you what applies to your circumstances.
If you disagree with the outcome
Escalate in order: ask for a written explanation and the basis for the decision; request a re-inspection or a supplemental review; ask whether your policy has an appraisal clause for valuation disputes; then file a complaint with your state's Department of Insurance, which tracks complaints and requires a response.
A short scene checklist
- Safety, hazard lights, police
- Exchange information, including the registered owner
- Photograph vehicles, scene, conditions, plates and documents
- Witness names and numbers before they leave
- Factual account, no speculation about fault
- Notify your insurer promptly
- Keep every receipt, including towing and the rental
Related reading: comprehensive claims for damage that is not a crash, and insurance fraud awareness for the tow operators and referral schemes that appear at crash scenes uninvited.
Claim handling practice, repair and parts rules, fault determination and deadlines vary by insurer and by state, and your policy documents control. Nothing here is legal advice. For your own situation, speak with your insurer, a licensed agent, or your state's Department of Insurance. If you are reviewing coverage, you can request auto insurance quotes and get connected with licensed providers in your area.