General information, not legal advice. Insurance policies and state laws differ. Check your own policy, and for a legal question ask a licensed attorney or your state insurance department.
To file a car insurance claim, call the claims number on your insurance card or use your insurer's app as soon as you safely can. Give the date, place and a short, factual account of what happened, plus the other driver's details and any police report number. Write down the claim number you are given. The insurer then assigns an adjuster, who looks at the damage, writes an estimate and decides what the policy pays. Your job from there is to stay reachable, keep records and protect the car from more damage.
What should you have ready before you call?
The NAIC, the national group of state insurance regulators, lists the information to collect at the scene so you can file a claim, including the accident report number and notes on the time, place and road conditions. Have it in front of you when you call. If you are still at the scene, our guide on what to do after a car accident covers what to collect.
Do
- Have your policy number or insurance card in hand.
- Have the other driver's name, phone number, insurance company and policy number.
- Note the other car's year, make, model and license plate.
- Write down witness names and phone numbers.
- Have the police report number and the officer's name and badge number, if police came.
- Keep your photos of the cars, the damage and the scene ready to send.
Whose insurance company do you call?
You can claim under your own policy, against the at-fault driver's policy, or start with one and switch. That choice affects your deductible and who handles the repair, so it has its own guide: first-party vs. third-party claims.
Even when the other driver caused the crash, it is usually wise to tell your own insurer. New York's Department of Financial Services says to report an accident promptly to your insurance company and to read your policy to see exactly what reporting requirements it includes. Telling your insurer about a crash is not the same as asking it to pay.
What happens after you report the claim?
A typical claim follows this path, though the order can shift.
- You get a claim number. Use it on every call, email and document.
- An adjuster is assigned. The NAIC explains that adjusters may be company employees or independent contractors hired by the insurer.
- The damage is inspected. In New York, on a collision or comprehensive claim, the Department of Financial Services says the insurer must inspect the car and make a good-faith offer within six business days after it is notified of the loss, if the car is available. As the Texas Department of Insurance puts it, an adjuster may look at the car in person, the insurer may ask you to bring a drivable car to a claim center, or it may ask you to get your own estimates and send them in.
- An estimate is written. The insurer bases its payment on its estimate. In New York, it must promptly give you or your authorized representative a detailed written estimate of the repair cost. If the shop later finds more damage, it asks the insurer to raise the estimate. Our guide on insurance vs. shop estimates explains how that works.
- The insurer decides and pays. States set their own claim-handling rules and deadlines; New York's come from the Department of Financial Services' Regulation 64. See what your insurance company is required to do.
You choose where the car is fixed. In New York an insurer cannot require you to use a particular shop, and it may not even suggest one unless you ask, except on glass-only claims. Read your right to choose a body shop before you agree to anything.
What are your duties while the claim is open?
A claim is a two-way process. Your policy lists things you must do, and skipping them can slow or hurt your claim.
- Cooperate. The NAIC says you should cooperate with the adjuster's investigation, which can include an in-person inspection.
- Protect the car. The Washington insurance commissioner reminds drivers to protect the car from further damage and from causing injury to anyone.
- Keep receipts. Washington's guidance also says to keep receipts for roadside costs such as towing.
- Answer the insurer. In Texas, the Texas Department of Insurance says a 2021 law lets an insurer refuse to renew your policy if you do not cooperate when it asks for information after an accident.
Do
- Keep a claim log with the date, the person's name and what was said on every call. The NAIC recommends taking notes and keeping track of the dates of your conversations with your agent or adjuster.
- Ask the adjuster to explain decisions in writing.
- Send documents by email or through the insurer's app so you have a record.
- Get a copy of every estimate the insurer writes.
- Keep receipts for towing, storage, rental cars and anything else you pay.
Don’t
- Don't guess about speed, distances or injuries. Say "I don't know" if you don't.
- Don't exaggerate the damage or add old damage to the claim. That can be insurance fraud.
- Don't let the car sit outside with broken glass or an open trunk if you can avoid it.
- Don't sign a release or cash a check marked "final" until you understand what it ends.
- Don't feel rushed. The NAIC puts it plainly: your insurer does not have the last word.
Do you have to fix the car with the insurance money?
In New York, not if you own the car outright. A DMV sign that every repair shop doing insurance appraisals must post says you do not have to get your vehicle repaired to receive your payment for damage from your insurance company. If you have a loan, the lender may require the repair or require you to pay off the loan before you keep any of the money, as the Maryland Insurance Administration explains. Loan agreements differ.
Skipping repairs has a cost later. New York's Department of Financial Services says your insurer must get a "Certification of Automobile Repairs" form from you and your body shop to see how far the car was repaired, and if you don't submit it, your settlement on a later loss may be reduced. The Maryland Insurance Administration makes a similar point: damage you don't repair becomes pre-existing and will affect the car's value in any later claim.
If you do repair it, the shop will ask you to sign paperwork before work starts. Our guide to repair authorization and direction to pay explains what you are signing.
Should you file a claim at all for small damage?
Not always. The NAIC notes that how often you file, and what kind of claims you file, can affect your premium and whether your insurer renews your policy. If the repair costs little more than your deductible, paying yourself may make sense. Our guides on whether to file for a small accident and whether your rates will go up go deeper.
What if the claim stalls?
Start by calling or writing to your adjuster with your claim number and a clear question. If that fails, ask for a supervisor and put your concern in writing. The NAIC says that if you and your insurer still disagree, the consumer services staff at your state insurance department can help.
Once the claim is open, the repair itself is the next step. See how collision repair works from estimate to pickup.
Quick answers
How long do I have to report a car accident to my insurer?
It depends on your policy, so check its wording and report as soon as you safely can. The Texas Department of Insurance notes that most companies have deadlines for filing claims. If anyone was hurt in a New York crash, written notice of a no-fault claim is due no more than 30 calendar days after the accident, unless you can show in writing a clear and reasonable justification for filing late.
Do I need a police report to file a claim?
Not always. Police do not write a report for every crash; the Maryland Insurance Administration notes that in some Maryland counties police may not write reports for crashes without injuries or heavy damage. New York's Department of Financial Services still says to report an accident to the local police, and if the damage is over $1,000 or anyone is hurt you must also file your own report (form MV-104) with the DMV; if there is a police report, give your insurer the number.
Can the insurer make me bring my car to its claim center?
The Texas Department of Insurance says an insurer may ask you to bring a drivable car to one of its claim centers. In New York, a drive-in claim center where cars are appraised for insurance must itself be registered with the DMV as a repair shop. Some states also limit how far you can be asked to travel; California's regulation, for example, treats more than 15 miles in cities of 100,000 people or more, and more than 25 miles elsewhere, as an unreasonable distance.
Should I call my own insurer if the crash was not my fault?
Usually yes. Your policy may require you to report any accident, and your own insurer can help if the other driver's company is slow or disputes fault. Reporting a crash is not the same as asking your own insurer to pay for it.
Need collision repair?
Call the shop to set up a free estimate, or stop by. We'll look at the car in person, tell you what it needs and help you through the claim.
Sources
- National Association of Insurance Commissioners (NAIC), What You Should Know About Filing an Auto Claim, read October 7, 2026.
- National Association of Insurance Commissioners (NAIC), Unfair Property/Casualty Claims Settlement Practices Model Regulation (Model 902), read October 7, 2026.
- Texas Department of Insurance, Auto insurance guide, read October 7, 2026.
- Texas Department of Insurance, FAQ: Auto insurance, claims, coverage issues, and more, read October 7, 2026.
- Washington State Office of the Insurance Commissioner, Filing an auto insurance claim, read October 7, 2026.
- Maryland Insurance Administration, Auto Insurance (consumer guide), read October 7, 2026.
- National Association of Insurance Commissioners (NAIC), How Do I File a Complaint Against My Insurance Company?, read October 7, 2026.
- Legal Information Institute, Cornell Law School (text of the California regulation), Cal. Code Regs. tit. 10, § 2695.8, Additional Standards Applicable to Automobile Insurance, read October 7, 2026.
- New York State Senate, N.Y. Insurance Law § 2610, read October 8, 2026.
- New York State Department of Financial Services, Filing Claims Under Your Own Policy, read October 8, 2026.
- New York State Department of Motor Vehicles, Motor Vehicle Repair Shop Regulations (CR-82), text of 15 NYCRR Part 82, read October 8, 2026.
- New York State Senate, N.Y. Insurance Law § 3420, read October 8, 2026.