Car accident claims: what to do and how a claim works
Last updated: November 10, 2026
After a car accident, make the scene safe, call the police, and collect photos, witness names and insurance details before you leave. Then tell your insurer, keep every record and receipt, and check your state's deadline. A claim is usually paid by the at-fault driver's insurance.
What to do after a car accident
Get safe and call 911
Move out of traffic if you can, turn on your hazard lights, and call 911 so police and help can come to the scene.
Get a police report
Let the officer write up what happened, and ask how to get a copy of the report and its number.
Take photos
Photograph every vehicle, the damage, plates, the road, signs, signals, skid marks and the weather, from several angles.
Find witnesses
Ask anyone who saw the crash for their name and phone number. Their account can matter later.
Swap insurance details
Write down each driver's name, phone, license, plate, insurer and policy number. Say what happened, but do not argue about fault.
Tell your insurer
Report the accident to your own insurance company promptly, as your policy asks, and keep the claim number.
Keep records and receipts
Save repair estimates, towing and rental bills, time missed from work and every letter or email about the crash.
Check the deadline
Find out how long you have to bring a claim in your state, and do not wait until it is close.
Who pays
Usually the at-fault driver's liability insurance pays for the damage and losses they caused. You make a claim with that insurer, and it may make an offer.
If the other driver has no insurance, or too little, your own uninsured or underinsured motorist coverage may help, if your policy has it. In a no-fault state, your own policy pays certain costs first, whoever caused the crash.
How long you have
Every state limits how long you have to bring an accident claim. In most states the deadline is two to three years from the accident, some states allow less, and claims against a city, county or state agency often need a written notice within months.
Once the deadline passes, you can lose the right to be paid at all, so check yours early. The state guides list the deadlines in Florida, Texas, California, Georgia and New York, with the law each comes from.
How CaseHelp helps
Start with the free case check: a few questions about what happened. Then Sarah, CaseHelp's AI assistant, or a member of our team calls to go over your answers and your options.
If you have a claim, we introduce you to an independent partner law firm. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply. There is no obligation at any step.
Deadlines and fault rules by state
Related guides
Frequently asked questions
Should I talk to the other driver's insurance company?
You can give basic facts, but you do not have to give a recorded statement right away. Many people speak with a lawyer first.
What if the police report blames me?
A police report is one piece of evidence, not the final word on fault. Photos and witnesses can tell a different story.
What if I was partly at fault?
In many states you can still be paid, reduced by your share of the fault. Some states bar a claim once your share passes a set limit. See the state guides.
Do I have to accept the first offer?
No. A first offer is often a starting point. Once you sign a release, though, you usually cannot ask for more.
How much does a lawyer cost?
Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply. The fee agreement spells out the terms.
CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.