Step-by-Step Claim Process

Notifying the Insurance Company: First-Party and Third-Party Differences

A first-party claim goes to your own insurer under coverages you purchased — collision, medical payments, personal injury protection, or uninsured motorist. Your policy contract specifies how quickly you must report the accident. Most policies require prompt notice, and failing to report within the required window can give the insurer grounds to deny coverage.

A third-party claim targets the at-fault driver's liability insurer. There is no contractual obligation between you and that company — you are an outside claimant. Notify them after you have assembled initial documentation, not before. Calling the other driver's insurer without preparation puts you in a conversation with a trained adjuster who is ready to ask questions designed to minimize your claim. Have the police report, your photographs, and basic medical information organized before making contact, or better yet, let your attorney handle the notification entirely.

Assembling the Documentation Package

Your claim is only as strong as the documents behind it. Start with the police report — it records the officers' observations, any citations issued, and a preliminary fault assessment. Add photographs from the accident scene showing vehicle damage, road conditions, and traffic controls.

Medical records form the financial backbone of the claim. Collect records from every provider: the emergency room, your primary care physician, specialists, physical therapists, and imaging centers. Each record should show the date of service, diagnosis, treatment provided, and charges. Obtain proof of lost income — pay stubs, a letter from your employer confirming missed days, or tax returns if you are self-employed. Gather repair estimates or the total-loss valuation from your collision coverage. Organize everything chronologically. An adjuster who receives a well-organized package takes the claim more seriously than one who has to chase down scattered documents over weeks. Completeness accelerates the process and signals that the claimant is prepared for negotiation.

The Adjuster's Review and Initial Offer

Once the insurer has your documentation, an adjuster is assigned to evaluate the claim. The adjuster reviews liability evidence, verifies coverage, and assesses damages against the documentation you provided. This review typically takes several weeks, though state regulations impose deadlines on insurer response times.

The initial offer is almost never the final number. Adjusters are evaluated on how efficiently they close claims, and the first offer reflects the lowest figure the insurer believes you might accept. Your response should be a written counter backed by specific documentation — not an emotional objection. Point to the medical bills the adjuster undervalued, the lost wages not fully credited, or the non-economic damages that the offer ignored. Each counter-round narrows the gap. If the distance between your demand and the insurer's best offer remains too wide, your attorney escalates to a formal lawsuit, shifting the claim from an insurance negotiation into civil litigation.

Closing the Claim: Release, Payment, and Liens

When you accept a settlement, the insurer sends a release form. Read it carefully. A general release extinguishes all claims arising from the accident — once signed, you cannot seek additional compensation even if your condition worsens. Some releases can be negotiated to preserve specific rights, depending on the circumstances.

Payment is issued after the signed release is returned, usually within two to six weeks. If your attorney is handling the case, the check goes to the law firm's trust account. The firm deducts its contingency fee, reimburses case expenses, and satisfies any medical liens — amounts owed to health insurers or medical providers who funded your treatment and hold a right to repayment from the settlement. The remaining balance is disbursed to you. Request an itemized settlement statement showing every deduction so you understand exactly where the money went. Transparency at this stage is a sign of a well-run firm.

This site is an independent information resource, not a law firm. Nothing here constitutes legal advice — consult a licensed attorney in your state for guidance specific to your claim.