# The car accident claim process, step by step

> How a car accident claim works, from the police report and medical records to the demand letter, negotiation, a lawsuit and trial. Plain English.

Canonical page: https://accidentclaimfacts.com/claim-process/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A car accident claim usually moves through the same stages: get care and report the crash, collect the police report and medical records, open claims with the insurers, finish treatment, send a demand letter, negotiate, and file a lawsuit only if the claim does not settle before your state's deadline. Most claims settle without a trial; in a federal study of state courts, only about 4% of tort cases ended in one.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Tort cases decided by a trial | 4% | State courts, 2005 (BJS) |
| Median time from filing to a jury verdict | 23 months | Tort jury trials, 2005 (BJS) |
| Tort trials that were car-accident cases | 60% | 2005 (BJS) |
| Time a provider has to answer a records request | 30 days | Under HIPAA, with one extension |
| Insurer's time to acknowledge a claim | 15 days | NAIC model rule; states set their own |
| Adult injury deadlines across the states | 1 year to 6 years | Tennessee shortest, Maine among the longest |

## 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 claim 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 improvement, 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 limitations 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 claim 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.

| Claim | Who pays | What it usually covers |
|---|---|---|
| Personal injury protection (PIP) or medical payments | Your own insurer | Medical bills, and with PIP some lost income, whoever caused the crash |
| Collision | Your own insurer | Repairs to your car, minus your deductible |
| Uninsured or underinsured motorist | Your own insurer | Your losses when the at-fault driver has no insurance or too little |
| Bodily injury liability | The at-fault driver's insurer | Your medical bills, lost income and pain and suffering, up to the policy limits |
| Property damage liability | The at-fault driver's insurer | Repairs or the value of your car, and related costs |

The person you talk to is an adjuster. 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 report. 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](https://accidentclaimfacts.com/location/texas/) has the details.

> **Tip:** Read the report as soon as you get it. If a fact is wrong, such as a street name, a vehicle or a witness's contact details, ask the agency how to request a correction or add a supplement.

## 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 lien on your recovery, and some insurers have a right of subrogation. 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.

> **Warning:** The other driver's insurer may ask for a recorded statement or a broad medical authorization early on. You generally do not have to give either to that insurer. It is reasonable to wait until you understand your injuries, or to talk to a lawyer first.

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 letter. 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 limits, your share of fault under your state's rule, and the strength of the evidence.

> A settlement is final. Once you sign the release, you usually cannot reopen the claim, even if the injury turns out to be worse.

Before you accept, read the release 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 discovery, each side exchanges documents and answers written questions; in a deposition, witnesses answer questions under oath. Many courts send cases to mediation 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.

> **Rule:** The time an insurer takes does not stop your filing deadline. If talks drag on, a lawsuit may need to be filed to protect the claim while negotiations continue.

## Guides in this section

- [Police report](https://accidentclaimfacts.com/claim-process/police-report/): What 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…
- [Medical records](https://accidentclaimfacts.com/claim-process/medical-records/): Your HIPAA right to copies of your medical records and bills, how fast providers must answer and what they may charge, what to request for…
- [Insurance adjuster](https://accidentclaimfacts.com/claim-process/insurance-adjuster/): Who the adjuster works for, what they do with a claim, the deadlines many states set for insurers, what a reservation of rights letter…
- [Recorded statement](https://accidentclaimfacts.com/claim-process/recorded-statement/): Why insurers ask for recorded statements, how your own insurer differs from the other driver's, how statements are used later, and what…
- [Demand letter](https://accidentclaimfacts.com/claim-process/demand-letter/): When a demand letter is usually sent, what goes into it, the documents that support it, state rules on policy-limits disclosure and…
- [Settlement negotiation](https://accidentclaimfacts.com/claim-process/settlement-negotiation/): How offers and counteroffers work after a demand letter, what signing a release ends, and what has to happen with liens, Medicare and…
- [Filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/): Why some car accident claims become lawsuits, the deadline that controls everything, the stages from complaint to trial, how rarely cases…
- [Depositions](https://accidentclaimfacts.com/claim-process/deposition/): A deposition is sworn testimony taken before trial, with a court reporter recording every word. Here is who attends, how long it can last…
- [Mediation](https://accidentclaimfacts.com/claim-process/mediation/): Mediation is a negotiation led by a neutral mediator who cannot decide the case. Learn when courts order it, what stays confidential, and…
- [How long a claim takes](https://accidentclaimfacts.com/claim-process/how-long-does-a-claim-take/): There is no official average for how long a car accident claim takes. Here are the phases, the insurer deadlines, the court timelines and…
## FAQ

### Do I have to go to court to get a settlement?

No. Most car accident claims settle with the insurer without a lawsuit, and many lawsuits settle before trial. A trial happens only when the two sides cannot agree.

### When should I send a demand letter?

Usually after you finish treatment or reach a point where your doctors can describe your future care. Sending it too early can leave out costs you have not yet had. Keep your state's filing deadline in view while you wait.

### What if the other driver's insurance is not enough?

Look at your own policy. Uninsured and underinsured motorist coverage can pay the difference when the at-fault driver has no insurance or too little. Other people or companies may also share liability, such as an employer whose driver was working.

### Can I still claim if I was partly at fault?

In most states, yes, but your recovery is reduced by your share of fault, and in many states you recover nothing once your share reaches 50% or 51%. A few places use contributory negligence, where almost any fault can bar recovery. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/) for your state.

### How do I get my medical records for a claim?

Ask each provider in writing for your records and itemized bills. Under HIPAA, the provider must act within 30 days and may charge a reasonable, cost-based fee. Keep copies of everything you send to an insurer.

### What happens to my medical bills while the claim is pending?

You remain responsible for them. Health insurance, PIP or medical payments coverage often pays first, and those payers may be repaid from the settlement through a lien. Tell your providers about the claim and ask about any payment plans.

## Sources

- [Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005](https://bjs.ojp.gov/redirect-legacy/content/pub/pdf/tbjtsc05.pdf) — trial share, time to verdict, share of car-accident trials
- [U.S. Department of Health and Human Services, HIPAA right of access timing](https://www.hhs.gov/hipaa/for-professionals/faq/how-timely-must-a-covered-entity-be/index.html)
- [NAIC, Unfair Property/Casualty Claims Settlement Practices Model Regulation](https://content.naic.org:443/sites/default/files/model-law-902.pdf) — model claim-handling timelines
- [CMS, Medicare Secondary Payer beneficiary reference guide](https://www.cms.gov/files/document/non-group-health-plan-nghp-medicare-secondary-payer-msp-beneficiary-reference-guide.pdf)
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026
- [Maine Legislature, 14 M.R.S. § 752](https://www.legislature.maine.gov/statutes/14/title14sec752.html), checked October 29, 2026
- [Texas Legislature, Transportation Code § 550.062(a)](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm), checked October 29, 2026
- [TxDOT, Crash reports and records](https://www.txdot.gov/data-maps/crash-reports-records.html), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 95.11(5)(a)](https://www.flsenate.gov/Laws/Statutes/2026/95.11), checked October 29, 2026
- [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026