Last reviewed: October 2026 · How we research: How We Research
Who do you actually file a claim with after a car accident: your insurer, the other driver’s, or both? The answer depends on who was at fault, whether you live in a no-fault state and what coverage you carry. Most accidents involve two separate claims (one for the car, one for injuries) that move at different speeds. Start with the tool below, then follow the timeline.
Which claims should I file?
Coverage on your own policy (tick what you have)
General guidance only. Your policy wording and state law decide what applies.
The claim timeline, step by step
Day 1–3
Report the accident and open the claims
Notify your own insurer and, if the other driver was at fault, call their insurer to open a claim. Write down each claim number and the name of each adjuster.
Week 1–2
Liability investigation
The adjuster reviews the police report, photos and statements and decides who was at fault, sometimes as a percentage. If you disagree, send your evidence in writing.
Week 1–4
Vehicle damage settled
An appraiser estimates repairs. If repairs cost more than the car is worth, it’s declared a total loss and you’re paid its actual cash value. This part usually settles first.
Weeks to months
Medical treatment
Your injury claim stays open while you’re treated. Don’t settle it until you reach maximum medical improvement, the point where your doctor can say how much you’ve recovered.
After treatment
Demand letter and negotiation
You (or your lawyer) send a demand letter with records, bills, lost-wage proof and an amount. Expect a low first offer and one or more counteroffers.
Final weeks
Release and payment
Once you agree, you sign a release ending the claim for good, and payment follows. If no agreement is reached, a lawsuit must be filed before your statute of limitations expires.
The two claims most people don’t realize they have
The property damage claim covers your car, a rental while it’s being repaired and personal items damaged in the crash. It’s usually resolved within weeks. In many states you can also claim diminished value from the at-fault driver’s insurer: the loss in resale value a repaired car suffers because it now has an accident history.
The bodily injury claim covers medical bills, lost income and pain and suffering. It takes longer because its value depends on how your recovery goes. Settling the car quickly doesn’t mean you have to settle your injuries at the same time; make sure any property damage release you sign covers only the vehicle.
What to include in your demand letter
- A short factual account of the accident and why the other driver was at fault (police report, photos, witnesses).
- Your injuries and treatment, with medical records and itemized bills.
- Lost wages, supported by a letter from your employer or pay stubs.
- How the injury affected daily life: work, sleep, family, hobbies.
- A specific amount and a deadline for a response.
To work out a realistic amount, use our car accident settlement calculator.
Frequently asked questions
How long does a car accident claim take?
Property damage often settles in a few weeks. Injury claims commonly take several months to over a year, mostly because they shouldn’t settle until treatment ends. See how long personal injury claims take.
Will filing a claim raise my insurance premium?
A claim against the other driver’s insurance usually shouldn’t. A claim on your own policy for an accident you caused often does. Several states restrict surcharges for accidents where you weren’t at fault.
What if the insurer denies my claim?
Ask for the reason in writing, send any missing evidence and request a review. If the denial seems unreasonable, you can complain to your state’s insurance department. For injury claims, a lawyer can also file a lawsuit before the deadline.
Do I have to accept the body shop the insurer recommends?
In most states, no: you can choose your repair shop, although the insurer may only pay what it considers a reasonable cost.
Mistakes that cost people money
- Giving a recorded statement to the other driver’s insurer before seeing a doctor.
- Signing a broad medical authorization that lets the insurer search your entire medical history.
- Settling the injury claim before treatment is finished.
- Signing a “property damage” release that also waives injury claims.
- Missing a PIP or police-report deadline in your state (see what to do after a car accident).
- Letting negotiations run past the statute of limitations.
Sources
- Insurance Information Institute: Background on no-fault auto insurance
- Triple-I, What is covered by a basic auto insurance policy?
- Florida Statutes § 627.736, personal injury protection (14-day rule).
This guide is general information, not legal advice. Claim procedures depend on your policy, your state’s insurance laws and the facts of the accident. For questions about your claim, contact your insurer, your state’s insurance department or a lawyer licensed in your state.