Accident types: how the kind of crash changes your claim

Why the kind of crash matters#

Three things decide most injury claims: who is legally responsible, which insurance policies apply, and what evidence proves the case. Legal responsibility is called liabilityLiability. Legal responsibility for harm. The driver who is liable, usually through their insurer, pays the damages. Glossary. In most crashes it rests with a careless driver, but the type of crash can add other people and companies, other policies and other rules.

The type of crash can also change your deadlines. A claim against a city bus or a public road agency often needs a written notice within months, long before the ordinary filing deadline. Crashes outside an ordinary car-on-car collision are common: in 2024, pedestrians made up 18% of everyone killed on US roads and motorcyclists 16%. The guides below cover the kinds of crashes that most often lead to claims.

Who can be liable#

More than one person or company can share the blame for a single crash. These are the most common:

• The other driver. Most claims are negligence claims against a driver who failed to use reasonable care, paid through that driver's liability insurance.
• An employer. An employer is generally responsible for crashes its employees cause while doing their jobs, and it may also be liable for its own failures, such as hiring an unsafe driver.
• A trucking company and others in the supply chain. Interstate carriers must follow federal rules on driving hours, drug testing and maintenance, and a shipper, repair shop or parts maker can share the blame.
• A rideshare company's insurance. Rideshare coverage depends on what the driver was doing. In Texas, for example, the required coverage is higher during a ride than when the driver is only logged in and waiting for a request, and the company must step in if the driver's own policy lapses.
• A government body. A city bus, a police car or a dangerous road can lead to a claim against a public body. Governments are protected by sovereign immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary except where a law allows claims, and those laws often set short notice deadlines and dollar caps.
• A bar or store that over-served. Under a dram shop lawDram shop law. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary, a business that sold alcohol to someone who then caused a crash can be liable in some states. In Texas: A seller or server of alcohol can be liable if, when served, it was apparent the person was obviously intoxicated to the extent of presenting a clear danger to himself and others, and that intoxication was a proximate cause of the damages.
• A vehicle or parts maker. A defective tire, brake or airbag can support a product liability claim.

Your own conduct matters too. In most states your share of fault reduces your recovery, and in a few it can bar the claim. The fault-rule explainer shows how your state handles shared blame.

Which insurance pays#

Several policies can pay after one crash, and they follow different rules. Some depend on proving the other driver was at fault; others pay whoever caused the crash.

Personal injury protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary is the core of the no-fault system in 12 states, where it pays first and limits lawsuits for pain and suffering. Some fault states include it too: Texas policies carry at least $2,500 of PIP unless the buyer rejects it in writing. Medical payments coverageMedical payments coverage (MedPay). Optional or required coverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income. Glossary pays medical bills up to a set limit; in Texas and California, for example, it is optional.

Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary is the coverage that matters most after a hit-and-run or a crash with an uninsured driver. In Texas it is part of every policy unless rejected in writing, and the Insurance Information Institute estimates that 14.5% of Texas drivers were uninsured in 2023.

Accident types at a glance#

Evidence that matters most#

Some evidence matters in every crash: the police report, photos of the scene and vehicles, witness names and your medical records. Each crash type adds its own priorities:

• Truck crashes: the driver's hours-of-service logs, maintenance records and post-crash test results. Carriers need to keep driving logs for only 6 months, so they are often requested in writing right away.
• Rideshare crashes: screenshots of the app showing whether the driver was logged in, on the way to a pickup or carrying a passenger.
• Hit-and-run crashes: a prompt police report, any part of the license plate, and video from nearby cameras.
• Drunk-driving crashes: the arrest report and test results, and receipts or witnesses showing where the driver was served.
• Pedestrian and bicycle crashes: lighting, sight lines, crosswalks, bike lanes and signal timing.
• Company vehicle crashes: the company name on the vehicle and proof the driver was working at the time.

Video from shops, homes and buses can be recorded over, so many people ask for it in the first days. Our guide to the first 72 hours after a car accident lists what to collect at the scene.

Deadlines that change with the type of crash#

Most crash lawsuits follow the state's ordinary filing deadline for injuries: 2 years in Texas, 3 years in New York and 1 year in Tennessee, for example. The type of crash can add earlier deadlines:

• State and local government vehicles or roads: a written notice is often due within months. In Texas it is due within 6 months of the crash, and a city charter can set a shorter period.
• Federal vehicles, such as a postal truck: a written claim must be presented to the federal agency within 2 years under the Federal Tort Claims Act.
• Your own insurance: PIP and uninsured motorist claims have their own notice rules, set by state law and the policy.

Look up your state's deadlines in our state-by-state guides, and see the claim process guide for what happens from the first report to settlement.

Guides in this section#

1. 01Accident typesCar accidentsA car accident claim asks the driver who caused the crash, through their insurer, to pay for your losses. Fault rules, no-fault laws, policy limits and…Reviewed October 29, 2026
2. 02Accident typesTruck accidentsTruck crash claims can involve the driver, the trucking company and others, federal safety rules and larger insurance policies. Some key records can be…Reviewed October 29, 2026
3. 03Accident typesMotorcycle accidentsRiders face much higher risks and some insurance gaps. Helmet laws vary by state, and whether riding without one affects a claim depends on state law and the…Reviewed October 29, 2026
4. 04Accident typesPedestrian accidentsA pedestrian hit by a car can claim against the driver's insurance and sometimes their own auto, health or uninsured motorist coverage. Right-of-way and fault…Reviewed October 29, 2026
5. 05Accident typesBicycle accidentsCyclists often have the same rights and duties on the road as drivers. After a crash, the driver's insurance usually pays, and your own auto policy may help…Reviewed October 29, 2026
6. 06Accident typesRideshare accidentsIn an Uber or Lyft crash, the driver's app status decides whose insurance applies. The three stages, sample state minimums, who can claim and the trip details…Reviewed October 29, 2026
7. 07Accident typesHit-and-run accidentsAfter a hit-and-run, your own uninsured motorist coverage is often the main source of payment. Reporting rules, state proof requirements, evidence and what…Reviewed October 29, 2026
8. 08Accident typesDrunk driver accidentsA drunk-driving crash usually leads to two cases: the state's criminal case and your own injury claim. How they differ, when punitive damages or a bar can be…Reviewed October 29, 2026
9. 09Accident typesUninsured driversWhen the driver who hit you has no insurance or too little, your own policy usually becomes the main source of payment. How UM and UIM claims work, stacking…Reviewed October 29, 2026
10. 10Accident typesCompany vehicle accidentsWhen the driver who hit you was working, the employer may be responsible too. How that rule works, contractors and gig drivers, government vehicles, and your…Reviewed October 29, 2026