Claims
How to File a Car Insurance Claim: Step-by-Step
Updated 2026-08-12 · This article is for general educational information only and is not insurance advice.
A car insurance claim is mostly a documentation exercise, and the documentation that matters most is gathered in the first twenty minutes, at the roadside, when you are least inclined to be systematic. This walks through what to collect, how the claim actually moves once you report it, and what leverage you have if the outcome is wrong.
At the scene
The Texas Department of Insurance sets out what to collect, and the list is worth having in mind before you need it:
- The other driver's name, address, phone number, and license plate number.
- Their insurance company details — photograph the insurance card rather than copying it by hand.
- Names, addresses, and phone numbers of any witnesses.
- The time, date, location, weather, and road conditions.
- Photographs of the scene, including both vehicles, positions, and any road markings or signage.
- A police report. Call the police if you were hit by a driver who left the scene.
Photograph more than you think you need, including wide shots showing the position of both cars. Damage photos are easy to remember; context photos are what settle disputes about how the collision happened.
Then, as the department puts it, tell your company about the accident as soon as possible. Prompt notice is a condition of most policies, and delay is one of the few things that can genuinely jeopardise an otherwise valid claim.
Reporting the claim
Call the number on your insurance card, explain what happened, and answer the questions thoroughly. Send copies of the police report once it is filed. If anyone was injured, provide medical reports and doctors' bills to your insurer as they become available.
Report the facts and let the adjusters determine fault. It is reasonable to describe what happened; it is not your job to concede fault at the roadside, and doing so can complicate a claim where the facts turn out to be more complicated than they first appeared.
The deadlines your insurer has to meet
Claim-handling timelines are set by state law, so the exact numbers depend on where you live — but they exist, and knowing yours is useful when a claim goes quiet. Texas is a good illustration of how specific they get. Under Texas rules, the company must acknowledge receipt of your claim within 15 days; it must accept or reject the claim within 15 business days of receiving all the information it needs; it may take up to 45 days if it needs more time, but must explain the delay; and once it agrees to pay, payment must be sent within 5 business days.
Look up your own state's version through your state insurance department. When an adjuster goes silent, a specific deadline is far more effective than a general complaint.
Repairs, parts, and your deductible
The adjuster estimates the repair cost, and the company's payment is based on that estimate. Two things about repairs are worth knowing in advance.
First, on choosing a shop: the Texas Department of Insurance states that insurers cannot require you to use a shop on their list. Preferred networks can be convenient and often come with a workmanship guarantee, but the choice is generally yours.
Second, on parts: the company pays for parts of like kind and quality to those that were damaged, and does not necessarily cover manufacturer original parts. If original manufacturer parts matter to you, that is a conversation to have with the adjuster upfront rather than after the repair is authorised.
Your deductible is subtracted from the payout. On a $1,500 collision claim with a $500 deductible, the company pays $1,000. And if you need a rental while the car is repaired, that is covered only if you carry rental reimbursement coverage — payment covers the time the insurer considers reasonable to repair or replace the car, up to your daily and policy limits.
When you disagree with the settlement
You have escalating options, and they are worth knowing in order:
- Negotiate first. Ask what source the insurer used for its figures and provide your own evidence — repair estimates, comparable listings, documentation of features or recent work.
- Invoke the appraisal clause. You and the insurer each hire an appraiser, and the appraisers choose a third to act as umpire. In Texas the umpire's decision is binding on both you and the insurance company, and you pay your own appraiser plus half the umpire's costs.
- File a complaint with your state insurance department. This is free, and regulators investigate handling and delay — though their ability to help is limited on questions of liability or the amount of damage.
- Go to court. For smaller claims, many states have a small-claims or justice court where you can file without an attorney, though filing fees apply.
One practical warning that applies before any of that: be careful about cashing a settlement check while you are still disputing the amount, and talk to your adjuster or the company first. Acceptance of a payment can be treated as settling the claim.
Should you file at all?
For minor damage with no one else involved, sometimes not. If the repair is close to or below your deductible, there is little or nothing to collect. Claims are also recorded in the loss history report that insurers consult when quoting you, so a small claim can affect your pricing for years, including at other companies.
That calculation changes completely once another vehicle, another person, or any injury is involved. Report those regardless of what you expect to collect, because your policy requires notice and injuries can surface days later.
The bottom line: document heavily at the scene, notify your insurer promptly, know your state's claim-handling deadlines, and remember you generally choose the repair shop. If the settlement is wrong, negotiate with evidence, then escalate to appraisal and your state insurance department. Because deadlines and appraisal rules are set by state law, treat your own state insurance department and your policy as the authorities for your situation.
Frequently asked questions
- What should I collect at the accident scene?
- The Texas Department of Insurance advises collecting the other driver's name, address, phone number, and license plate; their insurance details; witness contact information; the time, date, location, weather and road conditions; and photographs of the scene. Call the police if the other driver left. Then notify your insurer as soon as possible.
- How long does my insurer have to handle my claim?
- It is set by state law, so it depends where you live. Texas is a useful example: the insurer must acknowledge the claim within 15 days, accept or reject it within 15 business days of receiving all needed information, may take up to 45 days if it explains the delay, and must pay within 5 business days of agreeing to pay. Check your own state insurance department for your rules.
- Can my insurer make me use a specific repair shop?
- Generally no. The Texas Department of Insurance states insurers cannot require you to use a shop on their list. Preferred shops often carry a workmanship guarantee and can be convenient, but the choice is normally yours. Note that policies typically pay for parts of like kind and quality rather than manufacturer original parts.
- What can I do if I disagree with the settlement amount?
- Negotiate first with your own evidence, then invoke the appraisal clause — each side hires an appraiser and they select an umpire. In Texas that umpire's decision is binding, and you pay your appraiser plus half the umpire's cost. You can also file a free complaint with your state insurance department, or go to small-claims court. Be cautious about cashing a settlement check while still disputing.
- Will I get a rental car while mine is repaired?
- Only if you carry rental reimbursement coverage. Where you do, the insurer pays for the time it considers reasonable to repair or replace the car, subject to your daily limit and overall policy limit. It is not automatically included in a standard policy, so check your declarations page.