How to file a car insurance claim, step by step

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.

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.

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.

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.

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 explains it, and our 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:

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 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 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.