What happens when you file an automobile accident claim
When you file an automobile accident claim, your insurance company assigns an adjuster to investigate what happened, determine who was at fault, and decide what damage or injury your policy covers. The adjuster will contact you, ask for details about the accident, request photos or a police report, and may inspect your vehicle. Your insurer then either approves the claim and arranges repairs or payment, denies it based on policy terms, or offers a settlement amount you can accept or dispute.
The timeline varies: straightforward claims with clear liability may be resolved in days, while disputes over fault or serious injuries can take weeks or months. Your role is to provide accurate information quickly and keep records of all communication with your insurer.
Key Takeaways
- Contact your insurance company as soon as possible after an accident, ideally within 24 to 48 hours, and have your policy number and the other driver's information ready.
- Gather evidence at the scene: photos of vehicle damage, road conditions, and traffic signs; the other driver's name, phone number, address, and insurance details; and contact information for any witnesses.
- Obtain a police report if the accident involved injury, significant damage, or a hit-and-run, because insurers often require it to process the claim.
- Keep all receipts, repair estimates, medical bills, and correspondence with your insurer in one folder, because you may need to reference them if the claim is disputed.
- Your insurer will assign an adjuster who will contact you to schedule an inspection and ask detailed questions about how the accident occurred.
Reporting the accident to your insurance company
Call your insurance company's claims line as soon as it is safe to do so after an accident. Most insurers have a 24-hour claims hotline number on the back of your insurance card. Have your policy number, driver's license, and vehicle registration ready. The representative will ask you to describe what happened, where it occurred, the date and time, and whether anyone was injured.
Be factual and stick to what you observed. Do not admit fault, speculate about what the other driver was thinking, or say things like "I think it was my fault" — that can complicate your claim. straightforward describe the sequence of events: "I was traveling north on Main Street at the posted speed limit when a vehicle turned left in front of me from the opposite lane."
Ask the representative for a claim number, the name and phone number of your assigned adjuster, and when you can expect contact. Write this information down when ready. Some insurers will email you a claim summary; keep that email.
Gathering evidence at the accident scene
If you are able to do so safely, take photos and video of the accident scene before vehicles are moved. Photograph the damage to all vehicles involved, the road surface and weather conditions, traffic signs and signals, skid marks, and the final resting positions of the vehicles. Take wide shots and close-ups of the damage.
Get the other driver's full name, phone number, home address, driver's license number, vehicle make and model, license plate number, and insurance company name and policy number. Write this down or take a photo of their driver's license and insurance card. If there are passengers in either vehicle, get their names and contact information as well.
Ask any bystanders who saw the accident for their name and phone number. Witnesses are valuable because they have no stake in the outcome and can corroborate your account. If police respond to the scene, get the officer's name and badge number and ask for the report number so you can retrieve the police report later.
Obtaining a police report
If the accident involved injury, significant property damage, or a hit-and-run, police will usually file a report. If you were not given a report number at the scene, call the police non-emergency line for the jurisdiction where the accident occurred and provide the date, time, and location. Ask for the report number and the name of the investigating officer.
Most police departments allow you to request a copy of the report online through their website or by visiting in person. Some charge a small fee, typically $5 to $15. Your insurance company may also request the report directly from police, but obtaining it yourself speeds up the process. Once you have it, send a copy to your adjuster.
If police did not respond and the other driver's insurer later disputes fault, you may wish to file a report yourself after the fact. This is called a delayed report and is less common, but some departments accept them. Ask your adjuster whether this would help your claim.
Working with the insurance adjuster
Your adjuster will contact you to schedule a time to inspect your vehicle and discuss the accident in detail. The inspection usually takes 30 to 60 minutes. The adjuster will photograph the damage, measure it, and compare it to repair estimates. Be present during the inspection if possible so you can point out all damage, including dents or scratches you may have noticed after the initial accident.
During your conversation with the adjuster, answer questions directly and honestly. The adjuster may ask you to describe the accident multiple times or ask follow-up questions that seem repetitive — this is normal and helps them build an accurate record. Do not volunteer information beyond what they ask. If you are unsure about something, say so rather than guessing.
If the other driver is also filing a claim, the adjuster will obtain their statement as well. The adjuster will then determine fault based on the evidence, the police report if one exists, and the laws of your state regarding liability.
Understanding fault and liability in your state
How fault is determined depends on whether your state uses at-fault or no-fault insurance rules. In at-fault states, the driver who caused the accident is responsible for paying for damage to the other vehicle and any injuries. In no-fault states, each driver's own insurance pays for their damage and medical bills regardless of who caused the accident, though you can still sue the other driver in cases of serious injury.
Your adjuster will explore your state's rules to the facts of the accident. If you were found to be partially at fault, your state may use comparative negligence rules, which reduce your payout by your percentage of fault. For example, if you were found 20 percent at fault, you would receive 80 percent of the claim value. Some states use contributory negligence rules, which bar you from recovery if you were found any percentage at fault, though this is less common.
Ask your adjuster to explain how fault was determined in your case and what state law applies. If you disagree with the fault information, you have the right to dispute it, which is covered in a later section.
Repair estimates and settlement offers
Once the adjuster has inspected your vehicle, they will obtain repair estimates from body shops. Your insurer may use their own network of preferred shops or may accept estimates from shops you choose. You have the right to use any licensed repair shop, not just one on your insurer's list, though using a preferred shop may speed up approval.
The adjuster will compare estimates and approve an amount for repairs. If the cost to repair the vehicle exceeds its current market value, the insurer may declare the vehicle a total loss and offer you the vehicle's actual cash value instead. This is the fair market value of the vehicle before the accident, accounting for age, mileage, and condition.
If you disagree with the repair estimate or the total loss valuation, you can obtain your own estimate from a repair shop or have the vehicle appraised by an independent third party. Provide this to your adjuster and explain why you believe their estimate is too low. If you cannot reach agreement, you may have the right to demand an appraisal, which is a formal process where you and the insurer each choose an appraiser and those two appraisers choose a third to make a binding decision.
Disputing a claim denial or low settlement
If your insurer denies your claim or offers a settlement you believe is too low, you have options. First, ask your adjuster in writing to explain the reason for the denial or the basis for the settlement amount. Request specific references to your policy language and state law. Sometimes a written explanation reveals an error or misunderstanding that can be corrected.
If you still disagree, you can file a formal appeal with your insurer. Most insurers have an internal appeal process outlined in your policy or on their website. Submit your appeal in writing, include any new evidence or documentation, and explain why you believe the original decision was wrong. Allow 30 to 60 days for a response.
If the internal appeal does not resolve the dispute, you can file a complaint with your state's insurance commissioner or department of insurance. This is a free process and does not require a lawyer. The commissioner's office will investigate your complaint and may pressure the insurer to reconsider. You can also consult with an attorney who handles insurance disputes, though this is typically done only for large claims or serious injuries.
Frequently Asked Questions
Do I have to use the repair shop my insurance company recommends?
No. You have the right to choose any licensed repair shop. Your insurer must pay for repairs at the shop you select, though they will not pay more than their estimate unless the shop finds additional hidden damage during repairs. If hidden damage is discovered, the shop should contact your adjuster for approval before proceeding.
What if the other driver does not have insurance?
If the other driver is uninsured, you can file a claim under your own uninsured motorist coverage if you have it. This coverage pays for damage to your vehicle and medical bills up to your policy limits. If you do not have uninsured motorist coverage, you would need to pursue the other driver in small claims court or civil court to recover costs, which is difficult if they have no assets.
How long does it take to get paid after my claim is approved?
Once your claim is approved, payment typically arrives within 5 to 10 business days if you choose direct deposit or a check mailed to you. If you are using a preferred repair shop, the insurer may pay the shop directly, and you will not receive a check. Ask your adjuster about the payment method and timeline for your specific claim.
Can I file a claim if I was partially at fault?
Yes, you can file a claim even if you were partially at fault. Your payout will be reduced by your percentage of fault in at-fault states, or your own insurance will cover your damage in no-fault states. The adjuster will determine your percentage of fault based on the evidence and state law.
What should I do if the adjuster and I cannot agree on the value of my vehicle?
Request an appraisal. You and your insurer each select an appraiser, and those two appraisers select a third. The third appraiser's decision is binding. This process is outlined in your policy and costs you nothing if you initiate it through your insurer.