# How a car accident claim works, from first call to release

URL: https://mywreckcheck.com/motor-vehicle-accident/car-accident-claim
Updated: 2026-10-06
Review: Reviewed by My Wreck Check Editorial Team, editorial review: primary sources checked and independently fact-checked

A car accident claim is a request for payment from an insurer, yours or the other driver's. Which one to use, what happens next and where it can go wrong.

A car accident claim is a request for payment from an insurance company: your own, under your policy, or the other driver's, under theirs. It starts with a phone call and usually ends with a signed release, and what happens in between decides how much of your loss actually gets paid. The first decision that matters is which insurer you go to.

- A claim on your own policy is a **first-party** claim. A claim on the other driver's policy is a **third-party** claim. They work differently.
- The other driver's insurer is on their driver's side. Your own insurer owes you duties under your contract.
- With collision coverage, your insurer can pay you first and chase the other driver's company for the money.
- Insurers face response deadlines. In California: acknowledge within 15 days, decide within 40 days of proof of claim, pay within 30 days of settlement.
- A signed release with the other driver's insurer closes the injury claim. Texas's public insurance counsel advises taking your time before you sign anything.

## First-party or third-party: which claim are you making?

You'll hear both terms from the first phone call on. Texas's [Office of Public Insurance Counsel](https://www.opic.texas.gov/auto-insurance/first-party-claims) defines a first-party claim as "a claim filed by you against your own insurance policy" and a third-party claim as one "you file against another person's insurance policy."

If the other driver caused the crash, the obvious move is to claim against their insurance. Often that's right. It can also be the slower route, and Texas's public insurance counsel [lists the reasons plainly](https://www.opic.texas.gov/auto-insurance/third-party-claims):

1. The other driver may not have insurance, or enough of it, to cover your damage.
2. Their insurance company is on their driver's side.
3. Their company has to agree its driver was at fault before it pays.
4. If the other driver doesn't cooperate with their own insurer, the insurer may not pay you.

Your own insurer is in a different position: you have a policy with it, and your claim is made under that contract. That's one reason a crash that clearly wasn't your fault still often starts with a call to your own company. The guide on [what to do after a crash that was not your fault](https://mywreckcheck.com/motor-vehicle-accident/what-to-do-after-a-crash-that-was-not-your-fault) walks through those first days in more detail.

## Which coverage pays for what

Your car and your body are handled separately, under different coverages.

| What was damaged | Coverage that usually pays | Whose policy |
| --- | --- | --- |
| Your car, other driver at fault | Their insurance, or your collision coverage | Theirs (third-party) or yours (first-party) |
| Your car, other driver uninsured or underinsured | Uninsured/underinsured motorist (UM/UIM) property damage | Yours |
| Your medical bills and lost pay, some states | Personal injury protection (PIP) or medical payments coverage | Yours |
| Your injuries, other driver at fault | Their insurance | Theirs (third-party) |
| Your injuries, other driver uninsured or underinsured | UM/UIM bodily injury coverage | Yours |

For the car: if you carry collision coverage, Texas's public insurance counsel suggests letting your insurance company deal with the other driver: "Your company can pay the cost of your damages and try to collect from the other driver's insurance." You will probably pay your deductible first, which "may be recovered and refunded later." If you don't carry collision, you deal directly with the other driver's insurer, and your own company may help but won't pay for the damage.

Injuries can also start on your own policy. If you have PIP or medical payments coverage, you can claim under it to get some of the bills paid, and in Texas PIP also pays part of lost wages. Whether your state runs a no-fault system changes where medical bills start, and the [no-fault checker](https://mywreckcheck.com/motor-vehicle-accident/tools/no-fault-coverage-checker) shows how your state works. The injury claim against the other driver's insurance is where the value of the injury gets argued over.

If the other driver has no insurance or not enough, the claim moves to your own UM/UIM coverage, if you carry it. Your policy spells out what it covers, so it shows whether you carry it.

## The car accident claim, step by step

### 1. Report it

The [NAIC](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim) says to file by calling "the phone number on your proof-of-insurance card as soon as possible."

Some states also require a report to the state itself. In California, the [DMV requires an SR-1 report](https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/) within 10 days if anyone was injured, "no matter how minor the injury," or killed, or if property damage is over $1,000. That's separate from any police report and separate from your insurance claim. The guide on [how to report a car accident](https://mywreckcheck.com/motor-vehicle-accident/how-to-report-a-car-accident) sets out the police, state and insurer reports side by side.

### 2. Hand over what you gathered at the scene

The NAIC lists what to collect: the other driver's name, address and insurer, the other car's make, model, year and plate, witnesses' names and contact details, and the time, date and exact location, "with notes of skid marks, weather, and road conditions." Add your photos, the police report number and every medical record from the first visit onward.

### 3. An adjuster is assigned

"The insurance company will assign a claims adjuster to assess the damage and determine the payment," [the NAIC explains](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim). On a third-party claim, that adjuster works for the other driver's insurer. They're usually polite. Their job is to settle the claim for that company.

### 4. Insurers have deadlines too

How fast this moves depends partly on your state's claims rules. California's [Department of Insurance](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm) lists what an insurer must do:

- acknowledge the claim, start the investigation and provide forms "no later than 15 days after receiving notice of claim";
- accept or deny the claim "no later than 40 days after receiving proof of claim";
- once the claim is accepted, pay "no later than 30 days from the date settlement was reached."

Other states set their own timelines. Your state insurance department can tell you what applies to you.

### 5. Your losses are added up

The injury side's value depends on your medical bills, lost pay and how the injury affects your life, and those are hard to pin down while you are still being treated. If you have back or neck pain, the guide on [what a back and neck injury claim is worth](https://mywreckcheck.com/motor-vehicle-accident/what-a-back-and-neck-injury-claim-is-worth) explains why those claims get argued over.

Tool: [Claim value estimator](https://mywreckcheck.com/motor-vehicle-accident/tools/claim-value-estimator). A low, typical and high range for your claim from your own bills, lost pay and mileage, adjusted for your state's fault rule.

### 6. An offer arrives

When an offer comes, you can compare it with your own numbers, ask how the adjuster got to it, and send back records they don't have yet.

Tool: [Offer check](https://mywreckcheck.com/motor-vehicle-accident/tools/offer-check). Put the adjuster's offer next to your own numbers and see what it leaves out.

### 7. The release

A settlement with the other driver's insurer usually ends with a release, and that release is final. Texas's public insurance counsel puts it this way: "The other insurance company will make you sign a release waiver for all claims. Once you sign that release, you are not going to get more money for your injury." It also advises reading anything you're given to sign, checks included, carefully. The guide on [what a car accident settlement covers](https://mywreckcheck.com/motor-vehicle-accident/car-accident-settlement) explains what goes into the number and who is paid out of it.

**Lawsuit deadlines differ by state**
States set a time limit for filing an injury suit after a crash, and the limits differ. In Tennessee the [general limit for personal injury is one year](https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-104/), with a longer period in some cases where the at-fault driver is criminally charged. The deadline checker shows the limit for each state we have verified, and the guide on [how long after a car accident you can claim injury](https://mywreckcheck.com/motor-vehicle-accident/how-long-after-car-accident-can-you-claim-injury) covers the insurer and government notice windows as well.

Tool: [Claim deadline checker](https://mywreckcheck.com/motor-vehicle-accident/tools/claim-deadline-checker). How long you have to file in your state, and the much shorter notice deadline if a government vehicle was involved.

## When a car accident claim stalls or you disagree

For disputes with your own insurer, Texas's public insurance counsel [lists these steps](https://www.opic.texas.gov/auto-insurance/first-party-claims), among others: contact your adjuster about the dispute, ask to discuss the claim with a manager, and file a complaint with the Texas Department of Insurance. The [NAIC](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim) says the same: if you and the insurer still disagree about the handling or the settlement, ask the consumer services staff at your state insurance department for help. Many people keep a dated note of every call, request and promise, so there is a record of who said what and when.

## Your options, from least to most involved

Plenty of claims never need a lawyer. Some clearly do. These are the realistic routes, starting with the one that asks least of you.

**Work out what it is worth first.** Good when: Always, and especially before you answer an adjuster. Watch out: A range is a starting point for a conversation, not a prediction of what you will get.

**Deal with the insurer yourself.** Good when: Nobody was hurt, or you were checked out and the bills are small and finished. Watch out: Once you sign a release the claim is closed for good, even if you feel worse later.

**Use the free help your state already offers.** Good when: You want a lawyer's read but cannot pay, or you only need one question answered. Watch out: Legal aid has income limits and a bar referral service usually charges a small consultation fee.

**Get a free case review from an injury firm.** Good when: You are still treating, you missed real work, fault is disputed, or a commercial vehicle was involved. Watch out: Injury firms work on contingency and take a percentage, commonly a third, plus case costs. Ask for the number in writing before you sign.

If you're unsure which applies, the guide [do you actually need a lawyer after a crash?](https://mywreckcheck.com/motor-vehicle-accident/do-you-actually-need-a-lawyer-after-a-crash) sets out where the line usually falls. For a decision about your own claim, a licensed attorney in your state is the right person to ask. This site gives no legal advice.

## Bottom line

A car accident claim is two questions: who pays, and how much. Your own policy's coverage is part of the picture even when the crash wasn't your fault. The other things that matter most are a written record, your state's filing deadline, and knowing that a release is final once signed.

Start the Wreck Check: https://mywreckcheck.com/check

## Common questions

### Should I file with my own insurer or the other driver's?

It depends on your coverage and on who was at fault. A claim on your own policy is a first-party claim; a claim on the other driver's policy is a third-party claim. If you carry collision coverage, Texas's Office of Public Insurance Counsel notes your own insurer can pay for the damage and then try to collect from the other driver's insurer.

### Do I have to pay my deductible if the crash was not my fault?

On a claim under your own collision coverage you will usually pay the deductible first. Texas's public insurance counsel says it may be recovered and refunded later if your insurer collects from the other driver's company.

### How long does an insurer have to respond to my claim?

It depends on the state. California's Department of Insurance says insurers must acknowledge a claim within 15 days of notice and accept or deny it within 40 days of receiving proof of claim, then pay within 30 days of a settlement.

### What happens when I sign a release?

The claim ends. Texas's Office of Public Insurance Counsel warns that once you sign the other insurer's release, you are not going to get more money for your injury. It also advises taking your time before you sign anything.

### What can I do if I disagree with how my claim is being handled?

Ask to discuss the claim with a manager at the insurer, and if that fails, contact the consumer services staff at your state insurance department.

## Sources

- [Texas Office of Public Insurance Counsel: Information on third-party auto claims](https://www.opic.texas.gov/auto-insurance/third-party-claims)
- [Texas Office of Public Insurance Counsel: First-party auto claims](https://www.opic.texas.gov/auto-insurance/first-party-claims)
- [NAIC: What you should know about filing an auto claim](https://content.naic.org/article/what-you-should-know-about-filing-auto-claim)
- [California Department of Insurance: So you've had an accident, what's next?](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/hadaccident.cfm)
- [California DMV: Report of traffic accident occurring in California (SR-1)](https://www.dmv.ca.gov/portal/dmv-virtual-office/accident-reporting/)
- [Tennessee Code Annotated 28-3-104 (one-year limitation for injuries to the person)](https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-104/)