What happens after a car accident injury

A motor vehicle injury claim is a request for money to cover medical bills, lost wages, and other costs that result from being hurt in a car, truck, or motorcycle accident. The claim goes to an insurance company — usually the at-fault driver's insurer, your own insurer, or both, depending on your state and the accident details. The insurance company investigates what happened, decides who was responsible, and either pays you or denies the claim.

You do not need a lawyer to file a claim, though many people hire one, especially if the injuries are serious or the insurance company disputes fault. The process typically takes weeks to months, depending on how straightforward the accident was and how quickly you gather medical records and other documentation.

Key Takeaways

  • Motor vehicle injury claims are filed with an insurance company and cover medical expenses, lost income, and pain and suffering resulting from an accident.
  • You will need to report the accident to the police (if it meets your state's threshold), notify the relevant insurance company, and collect medical records and proof of lost wages.
  • The insurance company will investigate the accident, determine fault, and either settle with you or deny the claim based on their findings.
  • Settlement amounts depend on the severity of your injuries, your medical bills, how much work you missed, and whether the other driver was clearly at fault.
  • If you disagree with the insurance company's decision, you can appeal, hire a lawyer, or file a lawsuit in small claims or civil court.

Reporting the accident and notifying insurance

Call the police if the accident caused injury, significant property damage, or if the other driver left the scene. Most states require a police report for accidents meeting certain damage thresholds — typically $500 to $1,500, though this varies. Get the police report number and the officer's name before you leave the scene. If police do not respond, you can file a report yourself at the local police station within a few days.

Notify your own insurance company as soon as possible, even if you believe the other driver was at fault. Most policies require you to report accidents within a set timeframe — often 24 to 72 hours. Provide the date, time, location, names and contact information of the other driver and any witnesses, the other driver's insurance information, and a basic description of what happened. Do not admit fault or speculate about what caused the accident; stick to facts.

If you are injured, seek medical attention when ready, even if you feel fine. Some injuries appear hours or days after an accident. A medical record created on the day of the accident is strong evidence that your injuries are real and connected to the accident.

What documents you will need to gather

Start collecting these materials as soon as you can after the accident. You will need the police report (request it from the police department that filed it), medical records from every doctor or hospital you visited, receipts for any medical expenses you paid out of pocket, and proof of lost wages (a letter from your employer stating the dates you missed work and your hourly rate or salary).

Photograph any visible injuries and vehicle damage if you have not already. Collect contact information and written statements from anyone who witnessed the accident. Keep records of any transportation costs related to medical appointments, such as taxi or rideshare receipts, and receipts for any medications or medical equipment you purchased.

If the accident affected your ability to do household tasks or care for family members, keep a log of those impacts — this can support a claim for pain and suffering. Save all correspondence with the insurance company, including emails, letters, and notes from phone calls with the date and name of the person you spoke with.

How the insurance company investigates and decides

Once you file a claim, the insurance company assigns an adjuster to your case. The adjuster reviews the police report, your medical records, repair estimates for vehicle damage, and any witness statements. They may contact you, the other driver, and witnesses to gather more information. This investigation phase typically takes two to four weeks.

The adjuster then determines fault — whether the other driver, you, or both of you share responsibility for the accident. In some states, you can recover money even if you were partially at fault, as long as you were not more than 50 percent responsible. In other states, you cannot recover anything if you bear any fault at all. The adjuster will explain their reasoning in a written decision.

If the adjuster finds the other driver at fault, they will calculate what they believe your claim is worth based on your medical bills, lost wages, and the severity of your injuries. They will then make you an offer. You can accept it, reject it and make a counteroffer, or reject it entirely and pursue other options.

Settlement offers and negotiation

An insurance company's first offer is often lower than what they will ultimately pay. You can respond with a counteroffer that explains why you believe your claim is worth more. Reference your medical records, the cost of ongoing treatment, and any permanent effects of the injury. If the gap between your demand and their offer is small, you may reach a settlement quickly.

If you and the insurance company cannot agree, you have several options. You can request that the claim go to mediation, where a neutral third party helps both sides reach a settlement. You can hire a personal injury lawyer, who will negotiate on your behalf and may file a lawsuit if settlement talks stall. You can also file a complaint with your state's insurance commissioner if you believe the insurance company is acting in bad faith.

Before you accept any settlement, make sure you understand what you are signing. Most settlement agreements require you to release the other driver and their insurance company from any future claims related to the accident. Once you sign, you cannot go back and ask for more money if your injuries turn out to be worse than expected.

When the insurance company denies your claim

An insurance company may deny your claim if they determine the other driver was not at fault, if they believe your injuries are not related to the accident, or if they find that you violated the terms of your insurance policy. They must provide a written explanation of why they denied the claim.

If you disagree with the denial, you can appeal within your insurance company. Submit a letter explaining why you believe the decision was wrong, along with any new evidence — such as additional medical records or witness statements — that supports your position. The insurance company will review your appeal and issue a new decision, usually within 30 days.

If the appeal is also denied, you can file a complaint with your state's insurance commissioner, hire a lawyer to pursue a lawsuit, or file in small claims court if your damages are below your state's small claims limit (typically $5,000 to $10,000). A lawyer can advise you on whether a lawsuit is worth pursuing based on the strength of your case and the likely cost of litigation.

Understanding pain and suffering damages

Insurance companies pay for two types of damages: economic damages (medical bills, lost wages, transportation costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Economic damages are straightforward — you add up your receipts and bills. Non-economic damages are harder to calculate because there is no receipt for pain.

Insurance adjusters often use a multiplier method: they multiply your total medical bills by a number between 1.5 and 5, depending on how serious your injuries are. A minor injury might be multiplied by 1.5; a severe injury by 4 or 5. Some adjusters use a per-diem method, assigning a daily dollar amount for each day you were injured and multiplying by the number of days. Neither method is exact, and the insurance company has room to negotiate.

If you hire a lawyer, they will argue for a higher multiplier or per-diem amount based on the nature of your injuries, whether they are permanent, how much they affected your daily life, and comparable settlements in your area. The insurance company will argue for a lower amount. The final number depends on negotiation and the strength of your evidence.

Frequently Asked Questions

Do I have to use my own insurance or can I sue the other driver directly?

That depends on your state and the type of insurance you have. In no-fault states, you file a claim with your own insurance first, regardless of who caused the accident. In fault states, you can file with the other driver's insurance or your own. You can also sue the other driver in court, though most cases settle before trial. A lawyer can explain your options based on your state's laws.

How long do I have to file a claim?

You should report the accident to your insurance company within 24 to 72 hours. The important date to file a lawsuit varies by state but is typically two to three years from the date of the accident. Do not wait — the longer you delay, the harder it is to gather evidence and the more likely witnesses will forget details.

What if I was partially at fault for the accident?

In comparative fault states, you can recover money even if you were partially responsible, but your settlement is reduced by your percentage of fault. For example, if you were 20 percent at fault and your damages are $10,000, you would receive $8,000. In contributory negligence states, you cannot recover anything if you bear any fault. Your state's rules determine the outcome.

Can I claim damages for time off work even if I was not paid?

Yes. You can claim lost wages whether you are salaried, hourly, or self-employed. You will need documentation from your employer or tax records showing how much you would have earned during the time you missed work. If you are self-employed, provide tax returns or business records showing your average daily income.

What happens if the other driver does not have insurance?

If the other driver is uninsured, you can file a claim under your own uninsured motorist coverage, if you have it. This coverage pays your medical bills and lost wages up to your policy limit. If you do not have uninsured motorist coverage, you can sue the other driver directly, though collecting money from someone without insurance is often difficult. Some states have uninsured motorist funds that provide limited compensation.