The car accident claim process, step by step

The claim process in eight steps#

Every claim is different, but most follow this order. Some steps overlap, and a claim can settle at almost any point after the insurer has the facts it needs.

1. Get medical care and report the crash. Call 911 if anyone is hurt, get checked the same day, and make sure a police report is made. Your health comes first, and early records matter later.
2. Get the police report. It records the drivers, vehicles, insurers, witnesses and the officer's notes. You will need its number for every insurance call.
3. Collect medical records and bills. Ask every provider for your records and itemized bills, and keep receipts for prescriptions, travel and other costs.
4. Open the insurance claims. Report the crash to your own insurer, and open a third party claimThird-party claim. A claim you make against the other driver's insurance because their driver caused your losses. Glossary with the other driver's insurer if they caused it.
5. Finish treatment, or reach a stable point. Claims are usually valued once you reach maximum medical improvementMaximum medical improvement. The point at which doctors expect no further recovery. Claims are often valued once you reach it. Glossary, so you know what the injury has really cost.
6. Send a demand letter. It sets out the facts, your injuries, your losses and the amount you ask the insurer to pay.
7. Negotiate. The adjuster answers with an offer, and the two sides go back and forth. Most claims end here with a signed release.
8. File a lawsuit if needed, before the deadline. If the claim does not settle, a lawsuit must be filed before your state's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary runs out. Filing does not mean a trial; many cases settle after filing.

Who you will deal with#

Two different insurance claims can come out of one crash, and they follow different rules.

A first party claimFirst-party claim. A claim you make to your own insurance company under your own policy, such as a PIP or collision claim. Glossary is a claim on your own policy: personal injury protection, medical payments, collision or uninsured motorist coverage. Your insurer owes you the duties written into your policy, and many states give first-party claimants extra protection, such as deadlines for the insurer to answer and pay.

A third-party claim is a claim against the other driver's liability insurance. That insurer's duty runs to its own customer, not to you. It will look for reasons to pay less, including evidence that you share some of the blame.

The person you talk to is an adjusterInsurance adjuster. The insurance company employee who investigates a claim, decides what the policy covers and negotiates payment. Glossary. Adjusters are professionals who handle claims every day. Be polite, keep notes of every call, and ask for important points in writing.

The police report#

The officer who investigates the crash writes a crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary. It does not decide who pays, but insurers and lawyers read it first, because it records the scene while memories are fresh.

How you get a copy depends on your state and the agency that responded. In Texas, for example, officers must file a written report when a crash causes injury, death or at least $1,000 of damage, and you can buy a copy from the state transportation department for $6 ($8 for a certified copy). Our Texas guide has the details.

Medical records and bills#

Your medical records prove two things an insurer will question: that you were hurt in this crash, and how much treatment the injury needed. Under the federal privacy rule, you have a right to see and get copies of your own records, and a provider must act on your request within 30 days, with one extension of up to 30 days if it explains the delay.

Keep one folder, paper or digital, for everything: records, itemized bills, receipts, mileage to appointments and notes from work about missed days. Gaps in treatment are among the first things an adjuster looks for, so follow your doctor's plan and keep your appointments.

Someone else may already have paid part of your bills. A health plan, a hospital or Medicare can hold a lienLien. A legal claim on part of your settlement by someone who paid for your care, such as a hospital, health plan or Medicare. Glossary on your recovery, and some insurers have a right of subrogationSubrogation. An insurer's right to be repaid from your settlement for what it already paid on your behalf. Glossary. If Medicare paid, it must be repaid from a settlement, and interest is charged if the debt is not resolved 60 days after its demand letter. These claims are paid out of the settlement, so they belong in every negotiation.

Talking to insurers#

Insurers are regulated by the states, and most states have rules on how fast an insurer must respond to a claim. Many are based on a model regulation from the National Association of Insurance Commissioners. That model asks insurers to acknowledge a claim within 15 days, to reply to a claimant's letters within 15 days, and to pay within 30 days once they accept liability. For claims on your own policy, it adds a decision within 21 days of receiving proof of loss and written status letters every 45 days while an investigation is open. Your state's own rules may differ, so check them with your state insurance department.

Your own policy is different: it usually requires you to cooperate with your insurer, report the crash promptly and send the documents it asks for. Read the "duties after an accident or loss" part of your policy.

The demand letter and negotiation#

Once your treatment is finished, or your doctors can say what the future holds, the claim is ready for a demand letterDemand letter. A letter that lays out the facts, injuries and losses in a claim and asks the insurer to pay a stated amount. Glossary. A good demand letter is calm and specific. It tells the story of the crash, points to the evidence on fault, lists each injury and treatment, totals the bills and lost income, describes how the injury affected daily life, and asks for a stated amount.

The adjuster replies with an offer, usually lower. Negotiation is normal: each side explains its reasons, and the numbers move. Three things cap what can realistically be paid: the at-fault driver's policy limitsPolicy limits. The most an insurance policy will pay for one claim or one accident, no matter how large the losses are. Glossary, your share of fault under your state's rule, and the strength of the evidence.

Before you accept, read the releaseRelease. The document you sign when you settle. It usually ends your right to claim more for the same crash, so read it carefully. Glossary carefully and make sure every lien and medical bill is accounted for.

When a claim becomes a lawsuit#

If the insurer will not pay a fair amount, the next step is a lawsuit, and the most important date is your state's filing deadline. For an adult's injury claim it is 2 years in Texas, 2 years in Florida, 3 years in New York and 1 year in Tennessee. The NAIC model also expects insurers to warn unrepresented third-party claimants in writing at least 60 days before a time limit expires, but do not count on a warning; count the days yourself.

A lawsuit adds formal stages. In discoveryDiscovery. The stage of a lawsuit in which each side must share documents and answer questions under oath. Glossary, each side exchanges documents and answers written questions; in a depositionDeposition. Sworn testimony given out of court, in front of a court reporter, during discovery. Glossary, witnesses answer questions under oath. Many courts send cases to mediationMediation. A meeting led by a neutral mediator who helps both sides try to reach a settlement. Nothing is decided unless both agree. Glossary before trial. Most cases still settle somewhere along the way: trials accounted for about 4% of tort cases in the federal study, and nearly 60% of the tort trials that did happen were car-accident cases.

How long the process takes#

There is no official average for how long a car accident claim takes, because most are settled privately and never counted. The main drivers are easy to name: how long treatment lasts, whether fault is disputed, how many insurers are involved, how busy the local courts are, and whether a lawsuit is needed.

For cases that reach a verdict, federal court statistics give a sense of scale. In state courts, car-accident trials took a median of 20.1 months from filing to verdict or judgment, and tort jury trials overall took 23 months. A claim with a short course of treatment and clear fault can settle far sooner.

Guides in this section#

1. 01The claim processPolice reportWhat goes into a crash report, when you must file your own, how to order a copy and what it costs in Texas, Florida, New York and California, and how to…Reviewed October 29, 2026
2. 02The claim processMedical recordsYour HIPAA right to copies of your medical records and bills, how fast providers must answer and what they may charge, what to request for a claim, and what…Reviewed October 29, 2026
3. 03The claim processInsurance adjusterWho the adjuster works for, what they do with a claim, the deadlines many states set for insurers, what a reservation of rights letter means, and how to…Reviewed October 29, 2026
4. 04The claim processRecorded statementWhy insurers ask for recorded statements, how your own insurer differs from the other driver's, how statements are used later, and what people usually do to…Reviewed October 29, 2026
5. 05The claim processDemand letterWhen a demand letter is usually sent, what goes into it, the documents that support it, state rules on policy-limits disclosure and time-limited demands, and…Reviewed October 29, 2026
6. 06The claim processSettlement negotiationHow offers and counteroffers work after a demand letter, what signing a release ends, and what has to happen with liens, Medicare and children's claims before…Reviewed October 29, 2026
7. 07The claim processFiling a lawsuitWhy some car accident claims become lawsuits, the deadline that controls everything, the stages from complaint to trial, how rarely cases reach a verdict, and…Reviewed October 29, 2026
8. 08The claim processDepositionsA deposition is sworn testimony taken before trial, with a court reporter recording every word. Here is who attends, how long it can last, what is asked and…Reviewed October 29, 2026
9. 09The claim processMediationMediation is a negotiation led by a neutral mediator who cannot decide the case. Learn when courts order it, what stays confidential, and what happens with or…Reviewed October 29, 2026
10. 10The claim processHow long a claim takesThere is no official average for how long a car accident claim takes. Here are the phases, the insurer deadlines, the court timelines and the things that slow…Reviewed October 29, 2026