How to File an Insurance Claim Against the Other Driver

To file an insurance claim against the other driver, you open a third-party liability claim with the at-fault driver's insurer in a tort state, or a first-party Personal Injury Protection (PIP) claim with your own insurer in a no-fault state. The crash report is the core evidence an adjuster uses to investigate it.

This guide is general information, not legal advice. Filing deadlines, fault rules, and coverage requirements differ by state and change over time. If the collision was not your fault, start with the steps to take when the crash was not your fault, then return here for the claim mechanics.

Should you file a claim with your own insurer or the other driver's?

In a tort (at-fault) state you file a third-party liability claim with the at-fault driver's insurer. In a no-fault state you first file a first-party PIP claim with your own insurer, regardless of who caused the crash. Your state's fault system sets the starting point.

Twelve states plus Puerto Rico use a true no-fault system: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, North Dakota, New Jersey, New York, Pennsylvania, and Utah. In those states, mandatory PIP pays each driver's own medical and economic losses first. New Jersey, Pennsylvania, and Kentucky are "choice" states, where a driver can select a tort option. Every other state is a tort state, where the at-fault driver's liability coverage pays the other party's damages.

Your state's system	Who you file with first	Coverage that pays
No-fault state	Your own insurer	Personal Injury Protection (PIP)
Tort (at-fault) state	The at-fault driver's insurer	The other driver's liability coverage

The tradeoff is directness. A third-party liability claim goes straight to the at-fault insurer but can move slowly while that insurer investigates fault. A first-party PIP claim pays your own losses faster but caps your ability to sue in most no-fault states. The Insurance Information Institute's overview of no-fault auto insurance explains which states fall into each category.

How do you file a liability claim against the other driver's insurance?

Filing a third-party claim against the other driver's insurance takes five steps: identify the at-fault driver's insurer, open the claim, receive a claim number and adjuster, submit your documentation, and follow up until the claim resolves. Each step builds the file the adjuster reviews.

1. Identify the at-fault driver's insurer. Use the insurance details from the crash report or the information exchanged at the scene to find the at-fault driver's insurer.
2. Open the claim. Contact the other driver's insurer by phone or online and report the collision as a third-party liability claim.
3. Get a claim number and adjuster. The insurer assigns a claim number and a claims adjuster who becomes your point of contact for the claim.
4. Submit your documentation. Send the crash report, dated photos, repair estimates, and any medical bills the adjuster requests.
5. Follow up. Track the claim number, respond to the adjuster's requests, and confirm each decision in writing.

Large insurers such as Geico, Progressive, and State Farm each run their own third-party intake by phone and online. Use the contact details listed on the other driver's policy or recorded on the crash report, not a number from a search result. If you do not yet have the report, you can request a copy of the crash report from the investigating agency.

The other insurer may ask you for a recorded statement early in the process. Give the facts of the collision, the date, the location, and the sequence of events, and leave conclusions about fault to the investigation. Note the adjuster's name, direct line, and email at the first call, because a single point of contact keeps the file moving.

What documents does the insurance adjuster need?

An adjuster evaluates a third-party claim from documented evidence: the crash report, dated scene and damage photos, repair estimates, medical bills, and the other driver's insurance and contact details. A claim's value tracks the documented losses in the file, not a fixed figure.

The adjuster typically requests these items:

• The crash report from the investigating agency.
• Dated photos of both vehicles, the visible damage, and the scene.
• Written repair estimates for your vehicle.
• Medical bills and records for any injury treatment.
• The other driver's name, policy number, and insurer.
• Your written account of what happened.

A settlement reflects the documented repair costs, medical expenses, lost wages, and other proven losses in the file. No online calculator or settlement table sets that amount in advance; the adjuster and the evidence determine it. Keep every receipt, estimate, and bill, because each documented loss is a line the adjuster can verify. Two or three independent repair estimates carry more weight than one, and dated photos taken the day of the collision anchor the damage to the event. If police never responded to your crash, read the separate guidance on filing a claim when no police report exists.

How does the police or crash report support your claim?

A crash report documents the parties, vehicles, scene, and conditions an insurer uses to investigate a claim. The officer's fault notation is an observation, not a legal finding of guilt. The report is evidence, not a verdict.

Insurers rely on the report because it records the facts of the collision from a neutral third party. The Driver's Privacy Protection Act (18 U.S.C. 2721) permits an insurer to use motor-vehicle-record information in connection with claims investigation, anti-fraud, and underwriting. That federal permission is why the other driver's insurer can pull and review the report your claim references.

Access to the crash report itself varies by state. Florida makes crash reports confidential for 60 days, releasing them in that window only to the parties involved, their insurers, their legal representatives, and other enumerated requesters under Florida Statutes 316.066. Texas limits reports to interested parties and gives everyone else a redacted copy under Texas Transportation Code 550.065. To reach the correct channel, find where your agency releases its crash report in the directory.

A crash report and a public-records lookup are not a consumer report under the Fair Credit Reporting Act (15 U.S.C. 1681a). This information supports your own insurance claim; it is never a tool to screen a tenant, an employee, or an applicant.

What if the at-fault driver has no insurance or too little?

When the at-fault driver has no insurance, a claim shifts to your own uninsured motorist (UM) coverage. Underinsured motorist (UIM) coverage applies when the other driver's limits fall short of your losses. Availability and whether UM/UIM is mandatory varies by state.

Read your policy declarations page for your UM and UIM limits before assuming coverage exists. Some states require carriers to offer UM/UIM; others let you decline it in writing. In many states uninsured motorist coverage also responds to a hit-and-run where the other driver is never identified, though that rule varies. Confirm your state's requirement with your state department of insurance, and open the UM/UIM claim with your own insurer the same way you would any first-party claim. The crash report and your documentation still carry the file, because your own insurer investigates it as if it were the at-fault carrier.

How long do you have to file a claim against the other driver?

Two clocks apply. Your policy sets a prompt-notice requirement to report the collision quickly. Your state sets a statute of limitations for a claim or a lawsuit. Both vary by state and by policy, and no single national deadline exists.

Missing your policy's notice window can jeopardize coverage even when the statute of limitations has not run, so report the collision to the relevant insurer without delay. The statute of limitations is a separate, longer deadline for pursuing a claim or filing suit, and it differs across states and between property-damage and injury claims. Deadlines and access rules are state-specific; for a tort state like California, start at California's crash report page to reach the official channels for the report your claim needs. Confirm the exact statute of limitations for your situation with a licensed attorney in your state.

What can you do if the other insurer denies or lowballs your claim?

If the other insurer denies or underpays, request the decision in writing, submit additional documentation, and escalate to a claims supervisor. You can file a complaint with your state department of insurance or consult a licensed attorney. A written record is the foundation of every next step.

Ask the adjuster to state the reason for the denial or the reduced offer in writing, then answer it with evidence: a supplemental repair estimate, additional photos, or further medical records. If the insurer holds its position, escalate above the adjuster to a supervisor. Each state's department of insurance regulates carriers and accepts consumer complaints about claim handling; the National Association of Insurance Commissioners lists every state regulator. Filing a complaint with your state regulator is free and prompts the insurer to explain its decision to a third party. An attorney is an option for serious injuries or a disputed liability determination, but many disputes resolve through documentation and escalation alone.

Your next step

To support any claim against the other driver, get the crash report first, because it is the evidence an adjuster works from. Find where your crash was reported and how to request it in the accident-report directory. Then confirm your state's filing deadline, and contact your state department of insurance if the other insurer denies or underpays the claim.