# How to file a car insurance claim, step by step

> How to file a car insurance claim: steps, documents to gather, what the adjuster does, repair estimates, your deductible and state fair-claims deadlines.

Canonical page: https://statecover-guide.com/claims/filing-a-claim/  
Last reviewed: October 28, 2026 by the StateCover Guide editorial team  
General information, not legal or insurance advice.

## Quick answer

To file a car insurance claim, report the loss to your insurer as soon as possible, give the facts, photos and police report number, and work with the adjuster who inspects the damage and approves an estimate. The insurer then decides what it owes and pays, minus your deductible on your own coverage. State fair-claims laws set deadlines: in California, for example, an insurer must acknowledge a claim within 15 calendar days and accept or deny it within 40 calendar days of receiving proof of claim.

## Key facts

| Fact | Detail |
|---|---|
| NAIC model law: provide claim forms after a request | Within 15 calendar days |
| NAIC model regulation: accept or deny a first-party claim | Within 21 days of proof of loss |
| California: acknowledge, send forms and start investigating | Within 15 calendar days |
| California: inspect your car on a first-party claim | Request and inspect within 6 business days |
| California: pay after accepting | Within 30 calendar days |
| Texas: accept or reject after getting all information | Within 15 business days |
| Average collision claim (2024) | $5,489 |

## How to file a car insurance claim

1. Make sure everyone is safe, call 911 if anyone is hurt, and report the crash to police where your state requires it.
2. Collect the other driver's name, contact details, insurer, policy number, license plate and vehicle details, plus contacts for any witnesses.
3. Photograph the damage, the positions of the cars, the road, traffic signs and any injuries, if it is safe to do so.
4. Contact your insurer by phone, app or website as soon as you can, even if you think the other driver was at fault.
5. Give a factual description of what happened, and write down your claim number and the adjuster's name and contact details.
6. Send the documents the insurer asks for, such as the police report number, photos, repair estimates and medical bills.
7. Let the adjuster inspect the car, or upload photos if the insurer offers photo estimates, and ask for a copy of the estimate.
8. Choose a repair shop, compare its estimate with the insurer's, and ask the insurer to settle any difference before work starts.
9. Review the settlement, check that the deductible and any adjustments are correct, and keep copies of everything until the claim is closed.

If you are claiming against the other driver's insurer, tell your own insurer about the crash too. Your policy requires notice of accidents, and your insurer can step in if the other company denies fault. For what to do in the first hour, see our [after-a-crash checklist](https://statecover-guide.com/claims/what-to-do-after-a-crash/).

## Documents and information to have ready

An auto insurance claim moves faster when you supply everything at once. Keep a folder, paper or digital, with:

- Your policy number and the declarations page showing your coverages and deductibles
- The date, time and exact location of the loss
- A short written account of what happened, written while details are fresh
- The other driver's name, phone number, address, insurer, policy number, plate number and vehicle identification number (VIN)
- Names and contact details of passengers and witnesses
- The police report number, the officer's name and the agency
- Photos and video of all vehicles, the scene and any injuries
- Repair estimates and receipts for towing and storage
- Medical bills, records and proof of lost wages if anyone was hurt
- For a theft, the police report and a list of items stolen from the car
- Your lender's or leasing company's name and account number if the car is financed

If something is missing, file anyway and send it later. Insurers can open a claim with basic facts, and waiting for the perfect file only delays the start.

## What the claims adjuster does

The adjuster is the insurer's investigator and negotiator. Expect the adjuster to:

- **Take your statement.** This is often by phone and sometimes recorded. California's consumer guide notes insurers may take a written or recorded statement and, in some cases, ask for an examination under oath. Stick to facts you know; it is fine to say you are not sure.
- **Gather evidence.** That includes police reports, photos, witness statements, and information from the other driver and their insurer.
- **Inspect the damage.** This may happen in person, at a drive-in claim center, at your repair shop or through photos you upload. California's regulations require an insurer that wants to inspect your car on a first-party claim to request and complete the inspection within 6 business days of notice. The insurer also cannot make you travel unreasonably far: more than 15 miles in urban areas or 25 miles elsewhere.
- **Decide coverage and fault.** The adjuster checks whether the policy applies and, for liability claims, how much each driver is to blame.
- **Value the loss.** That means writing or approving a repair estimate, or declaring the car a [total loss](https://statecover-guide.com/claims/total-loss/).

Ask the adjuster how to reach them, what they still need from you and when to expect a decision. Follow up in writing, even a short email, so you have a record of every promise and request.

## Repair estimates and choosing a shop

The adjuster's first estimate is often not the final number. Shops frequently find hidden damage after taking a car apart and send the insurer a **supplement** for the extra work. That is normal; just make sure the shop and the insurer agree before the extra work is done.

You usually have the right to pick your own shop. California's consumer guide says an insurer cannot require you to use a particular repair shop, and the Texas Department of Insurance says insurers can recommend preferred shops but cannot require you to use one on their list. Insurers often have "direct repair" networks, which can speed things up, but using one is generally your choice.

When your shop's estimate is higher than the insurer's, the NAIC model regulation says the insurer should either pay the difference or name a shop that will do the work for its estimate. California's regulations add a third option: the insurer may adjust your shop's estimate, but it must itemize every change. And if you use a shop the insurer recommended and the repairs are not done properly, California's guide says the insurer must stand behind them.

| Estimate issue | What to ask for |
|---|---|
| Hidden damage found during repairs | A supplement approved before the work is done |
| Shop estimate higher than the insurer's | Payment of the difference, an itemized adjustment or the name of a shop that will do the job for the insurer's price |
| Aftermarket or used parts listed | An explanation of the parts and whether they match original quality and fit |
| Depreciation taken on parts | A written, itemized explanation of the deduction |
| Labor rate lower than your shop charges | The basis for the rate the insurer used |

## How your deductible works

Your deductible is the part of a collision or comprehensive loss you pay yourself. Claims you make against another driver's liability coverage have no deductible for you.

Example: hail causes $2,600 of damage and your comprehensive deductible is $1,000. The insurer pays $1,600. If the insurer pays the shop directly, you pay the shop your $1,000 share when you pick up the car.

| Situation | Deductible applies? |
|---|---|
| Collision claim on your own policy | Yes |
| Comprehensive claim for theft, hail, an animal or fire | Yes |
| Glass claim | Usually, unless your state or your policy waives it |
| Claim against the at-fault driver's liability insurance | No |
| Your insurer recovers money from the at-fault driver | Your deductible may be refunded |
| Uninsured motorist property damage | Often, depending on state and policy |

Choosing a deductible is a trade-off between your premium and how much you can pay after a loss. Our guide to [choosing a deductible](https://statecover-guide.com/saving/deductible/) explains it, and our [deductible chooser](https://statecover-guide.com/tools/deductible-chooser/) lets you compare options.

## State fair-claims rules: what insurers must do

Every state regulates how insurers handle claims. Many state laws build on the NAIC's Unfair Claims Settlement Practices Act, a model law that lists practices regulators treat as unfair when an insurer commits them knowingly or as a general business practice. They include:

- Misrepresenting facts or policy terms about coverage
- Failing to respond reasonably promptly to claim communications
- Refusing to pay without a reasonable investigation
- Not trying in good faith to settle promptly and fairly when liability is reasonably clear
- Offering much less than people later recover in court, so that they have to sue
- Failing to give a prompt, reasonable explanation for a denial or a low offer
- Not providing claim forms within 15 calendar days of a request

A companion NAIC model regulation adds time limits and auto-specific rules, such as how total losses are valued and how estimate disputes are settled. States can adopt, change or ignore these models, so the exact rules depend on where your policy was issued.

### Example: California Fair Claims Settlement Practices Regulations

California spells out these duties in Title 10 of its Code of Regulations, in the Fair Claims Settlement Practices Regulations. Key auto claim rules include:

| Rule | California requirement |
|---|---|
| Acknowledge the claim, send forms and begin investigating | Within 15 calendar days of notice |
| Respond to your letters and calls that need a reply | Within 15 calendar days |
| Accept or deny the claim | Within 40 calendar days of proof of claim |
| If more time is needed | Written notice, repeated every 30 calendar days |
| Pay an accepted claim | Within 30 calendar days |
| Denials of first-party claims | In writing, listing every reason, with notice that you can ask the Department of Insurance to review it |
| Repair shops | Cannot require a specific shop or steer you away from the shop you chose |
| Labor depreciation | Not allowed on first-party partial losses unless the policy clearly permits it |

Other states have their own versions with different deadlines. Texas, for instance, gives insurers 15 business days to accept or reject a claim after receiving everything they asked for. Your state insurance department's website explains the local rules, and our guide to [claim disputes](https://statecover-guide.com/claims/claim-disputes/) explains how to complain if an insurer misses them.

## Filing against the other driver's insurer

A third-party claim works in a similar way, but the other driver's insurer first investigates whether its customer was at fault. A few practical points:

- You have no contract with that insurer. Ask what it needs and send documents; you can take time to understand its questions before giving a recorded statement.
- You will not pay a deductible, and the NAIC notes that the at-fault driver's insurer should generally pay for a rental car for a reasonable repair period.
- If the insurer stalls or disputes fault, you can switch to your own [collision coverage](https://statecover-guide.com/coverage/collision/) and let your insurer recover the money.
- California's regulations say that when liability is reasonably clear, the other insurer may not suggest you use your own coverage just to avoid paying.

## Mistakes that slow down or shrink a claim

- **Waiting to report.** Late notice can complicate coverage, especially if the other driver later claims against you.
- **Guessing in your statement.** Estimating speeds or distances you are not sure about can be used to assign fault.
- **Authorizing repairs too early.** Unless you must act to prevent more damage, let the insurer see the car first, and keep receipts for any emergency work.
- **Signing a release too soon.** A release usually ends the claim, so make sure you know the full extent of the damage and any injuries first.
- **Losing track of conversations.** Keep a log of dates, names and what was said.
- **Ignoring requests.** Many deadlines only start once the insurer has the documents it asked for.

## FAQ

### How soon should I file a car insurance claim?

As soon as you reasonably can, ideally the same day. Policies require prompt notice of accidents, and some coverages have strict deadlines. In California, for example, an uninsured motorist property damage accident must be reported to the insurer within 10 business days.

### Can I file a claim online or in an app?

Most insurers accept claims by phone, website and app. Apps often let you upload photos, track the claim and book an inspection. Whatever channel you use, save your claim number and any confirmation.

### Do I have to use the insurer's repair shop?

Usually not. California and Texas both bar insurers from requiring a particular shop. A network shop may be faster, and some insurers stand behind that work, but the choice is generally yours.

### What if the repair shop finds more damage?

The shop sends a supplemental estimate to the insurer, which reviews it and, if it agrees, pays the extra amount. Ask the shop to get the supplement approved before doing the extra work.

### Who is the insurance check made out to?

It depends. Payments can go to you, directly to the repair shop, or to you and your lender jointly if the car is financed or leased. The NAIC notes that lenders are typically named on the check because the car is their collateral.

### What happens if the insurer misses a deadline?

Contact the adjuster in writing and point to the deadline. If that does not work, file a complaint with your state insurance department, which can investigate unfair claim delays for free.

### Should I accept the first settlement offer?

You do not have to. Check that the estimate covers all the damage, that parts and labor rates are reasonable and that any depreciation is explained. If something is missing, send your evidence and ask for a revised offer.

## Sources

- [California Department of Insurance, So You've Had an Accident](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm) — statements, examination under oath, shop choice, insurer standing behind recommended-shop repairs
- [California Department of Insurance, Auto Body Repair Consumer Bill of Rights](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/upload/AutoRepairConsumerBillofRights_Final-3.pdf) — right to choose a shop and get itemized estimates and invoices
- [NAIC, Auto insurance consumer information](https://content.naic.org/consumer/auto-insurance.htm) — rental cars on third-party claims, lenders named on checks
- [NAIC, How to File a Complaint](https://content.naic.org/consumer/how-to-file-complaint) — state insurance departments investigate unfair claim delays for free
- [California Code of Regulations, Title 10, Section 2695.7](https://www.law.cornell.edu/regulations/california/10-CCR-2695.7) — written denials and Department of Insurance review notice
- [California Code of Regulations, Title 10, Section 2695.5](https://www.law.cornell.edu/regulations/california/10-CCR-2695.5), as of October 28, 2026
- [California Code of Regulations, Title 10, Section 2695.8](https://www.law.cornell.edu/regulations/california/10-CCR-2695.8), as of October 28, 2026
- [Insurance Information Institute, Facts + Statistics: Auto insurance (ISO private passenger auto losses)](https://www.iii.org/fact-statistic/facts-statistics-auto-insurance), as of October 28, 2026
- [California Insurance Code, Section 11580.26](https://california.public.law/codes/insurance_code_section_11580.26), as of October 28, 2026
- [Texas Department of Insurance, Auto insurance guide](https://www.tdi.texas.gov/pubs/consumer/cb020.html), as of December 11, 2025
- [NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902)](https://content.naic.org/sites/default/files/model-law-902.pdf), as of July 1, 1997
- [NAIC, Unfair Claims Settlement Practices Act (Model 900)](https://content.naic.org/sites/default/files/model-law-900.pdf), as of January 1, 1997