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Last updated: December 13, 2024
Third-Party Car Insurance Claims
While the first party is your provider, the third party is the other insurance company.
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If you got into an accident that was not your fault, you will have to file a third-party claim to get your property damage and bodily injuries covered. However, depending on the state the accident was in, you may have to file a third-party claim for property damage only, as everyone pays for their own medical costs in no-fault states. Let’s learn more about third-party claims in car insurance and how they differ from first-party claims (i.e., claims with your own insurance provider).
Editor’s note: We have updated this page with the latest laws on third-party insurance, insurance company contact information, and national driving statistics.
What Is a Third-Party Insurance Claim?
A third-party insurance claim is a claim you file with someone else’s insurance provider when another driver hits you and the incident results in injuries, repairs, or replacement costs. You file a third-party claim so the other party’s insurer can reimburse you for car repairs, medical expenses, and any other transportation you’ll need while your car is being repaired.
How It Works
The way third-party insurance claims work depends on whether you live in a liability vs. no-fault state. See how fault systems vary by state below.
| State | No-fault or at-fault state? |
|---|---|
| Alabama | At fault |
| Alaska | At fault |
| Arizona | At fault |
| Arkansas | At fault |
| California | At fault |
| Colorado | At fault |
| Connecticut | At fault |
| Delaware | No fault |
| District of Columbia | No fault |
| Florida | No fault |
| Georgia | At fault |
| Hawaii | No fault |
| Idaho | At fault |
| Illinois | At fault |
| Indiana | At fault |
| Iowa | At fault |
| Kansas | No fault |
| Kentucky | Optional |
| Louisiana | At fault |
| Maine | At fault |
| Maryland | At fault |
| Massachusetts | No fault |
| Michigan | No fault |
| Minnesota | No fault |
| Mississippi | At fault |
| Missouri | At fault |
| Montana | At fault |
| Nebraska | At fault |
| Nevada | At fault |
| New Hampshire | At fault |
| New Jersey | Optional |
| New Mexico | At fault |
| New York | No fault |
| North Carolina | At fault |
| North Dakota | No fault |
| Ohio | At fault |
| Oklahoma | At fault |
| Oregon | At fault |
| Pennsylvania | Optional |
| Rhode Island | At fault |
| South Carolina | At fault |
| South Dakota | At fault |
| Tennessee | At fault |
| Texas | At fault |
| Utah | No fault |
| Vermont | At fault |
| Virginia | At fault |
| Washington | At fault |
| West Virginia | At fault |
| Wisconsin | At fault |
| Wyoming | At fault |
In no-fault states, everyone files their medical coverage claims under personal injury protection, which also covers lost wages and child care. Still, the at-fault party pays for all of the property damage. In at-fault states, the at-fault party pays for both bodily injury and property damage costs.
Types of Third-Party Claims
There are two types of third-party claims you can file.
- Property damage claims: Property damage includes all damages from the accident, whether to your vehicle or to other property like a fence.
- Personal injury claims: Personal injury claims include your bodily injuries, any wages you lost, and any child care you had to pay for as a result of the accident.
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NOTE:
While no-fault states require personal injury protection (PIP), some at-fault states require medical coverage, which does not include coverage for lost wages or child care.
The Claims Process: How to File
Here’s how to file a third-party claim:
- Collect information. First, gather as much of the following information as you can about the accident itself:
- The dollar amount of the property damage and injuries you incurred
- The badge numbers of any police officers you deal with
- The contact information for everyone involved including their names and insurance providers
- A copy of the accident report
- The location, weather, date, and time of day of the incident
- The names of any officers you dealt with
- Photos of the damages
- The vehicle information of everyone involved
- Who was at fault
- Get a repair estimate. Obtain repair estimates from several repair shops and include them with your third-party claim.
- Contact the insurance company. If a car accident wasn’t your fault, contact the other party’s insurance company to file a claim by using the below contact information.
| Car insurance companies | Mailing address | Website | Phone number | Email address or online form |
|---|---|---|---|---|
| 21st Century | P.O. Box 268994
Oklahoma City, OK 73126-8994 Medical/PIP documents involving FL, NJ, NY: Medical/PIP documents involving all other states: | www.21st.com/contact-21st-century-insurance.htm | 888-244-6163> | claimsdocuments@farmersinsurance.com |
| AAA | Depends on your regional AAA club | www.aaa.com/stop/ | Enter ZIP code to find claims number:
www.aaa.com/stop/ | Depends on your regional AAA club |
| AARP | The Hartford
P.O. Box 14219 Lexington, KY 40512 | https://account.thehartford.com/customer/login | 877-805-9918 | N/A |
| Allstate | Allstate Insurance Company
P.O. Box 660636 Dallas, TX 75266 | www.allstate.com/auto-insurance/auto-claims-info.aspx | 800-255-7828 | https://messaging.allstate.com/corp.aspx |
| Amica | Amica Scan Center
P.O. Box 9690 Providence, RI 02940-9690 | www.amica.com/en/customer-service/contact-us.html | 800-242-6422 | https://www.amica.com/en/customer-service/contact-us/form.html |
| Bristol West | Bristol West Claims Service
P.O. Box 258806 Oklahoma City, OK 73125-8806 | www.bristolwest.com/home/claims | 855-444-1875 | N/A |
| Clearcover | Clearcover Insurance Agency LLC
33 W. Monroe St., Suite 500 Chicago, IL 60603 | https://clearcover.com/claims/ | 855-444-1875 | N/A |
| Concord | Concord Corporate Office
4 Bouton St. Concord, NH 03301 | www.concordgroupinsurance.com/claims/report-a-claim | Maine: 800-482-7443 Massachusetts: 800-422-5246New Hampshire: 800-888-6050 Vermont: 800-660-3838 | https://www.concordgroupinsurance.com/about/contact-us |
| Dairyland | Dairyland Insurance Co.
1800 N. Point Drive Stevens Point, WI 54481 | www.dairylandinsurance.com/auto/claims | 800-334-0090 | https://www.dairylandinsurance.com/contact-dairyland-insurance |
| Direct | Direct Auto Insurance Claims Department
P.O. Box 1623 Winston-Salem, NC 27102 | www.directauto.com/claims/make-a-claim | 800-403-1077 | https://www.directauto.com/emailus |
| Erie | Erie Branch Claims Office
P.O. Box 13002 Erie, PA 16514-3002 | Find your agent here: https://www.erieinsurance.com/find-an-insurance-agent | 800-367-3743 | https://www.erieinsurance.com/contact-erie/customer-care |
| Esurance | Esurance Customer Service
P.O. Box 5250 Sioux Falls, SD 57117-5258 | www.esurance.com/file-a-claim-online | 800-378-7262 | https://www.esurance.com/contact-email |
| Farmers | Farmers Customer Service
6301 Owensmouth Ave. Woodland Hills, CA 91367 | https://www.farmers.com/claims/efnol-landing/ | 800-435-7764 | https://www.farmers.com/contact-us/send-message/ |
| Foremost | None | https://claims.bristolwest.com/cmp/s/filealoss?SO=04 | 800-527-3907 | myclaim@foremost.com |
| GAINSCO | GAINSCO Auto Insurance
1415 State St Richardson, TX 75082 | www.gainsco.com/customers/report-a-claim/ | 866-424-6726> | N/A |
| GEICO | Office locator:
https://www.geico.com/contact-us/mail/ | https://claims.geico.com/ReportClaim#/ | 800-207-7847 | https://www.geico.com/contact-us/email/ |
| Good2Go | Good2Go Auto Insurance
P.O. Box 1930 Blue Bell, PA 19422-0479 | https://direct.good2go.com/submit-request/ | 800-777-6664 | N/A |
| Infinity | Infinity Insurance
200 E Randolph St., Suite 3300 Chicago, IL 60601 | www.kemper.com/claims/report-a-claim | 800-463-4648 | customer.service@ipacc.com |
| Kemper | Kemper Claims
P.O. Box 2855 Clinton, IA 52733 | www.kemper.com/claims/report-a-claim/report-a-claim-auto | 800-353-6737 | https://www.kemper.com/about-kemper/contact-us |
| Lemonade | Lemonade Insurance Agency LLC
5 Crosby St., Third Floor New York, NY 10013 | www.lemonade.com/car | 844-733-8666 (for claim emergencies) | carclaims@lemonade.com |
| Liberty Mutual | Liberty Mutual Group
ATTN: Remittance Processing 100 Liberty Way Dover, NH 03821-7500 | https://www.libertymutual.com/log-in?target=claims | 800-225-2467 | N/A |
| Mercury | Mercury Insurance
1700 Greenbriar Lane Brea, CA 02921 | www.mercuryinsurance.com/claims/auto-claim.html | 800-503-3724 | https://cp.mercuryinsurance.com/guest/contact-mercury |
| MetLife – Farmers Auto | Farmers Insurance Customer Service
6301 Owensmouth Ave. Woodland Hills, CA 91367 | www.farmers.com/cmp/s/filealoss?SO=01 | 800-435-7764 | N/A |
| Metromile | Metromile Inc.
425 Market St., Suite 700 San Francisco, CA 94105-5418 | https://claims.metromile.com/ | 888-595-5485 | N/A |
| National General | National General Insurance
P.O. Box 3199 Winston-Salem, NC 27102-3199 | https://claims.nationalgeneral.com/report | 800-468-3466 | claims@NGIC.com |
| Nationwide | Nationwide Headquarters
One Nationwide Plaza Columbus, OH 43215-2220 | https://claimsservicing.nationwide.com/fileclaim/info/claim-process-intro | 800-421-3535 | https://www.nationwide.com/personal/contact/online-form |
| Plymouth Rock | Plymouth Rock Assurance
P.O. Box 55165 Boston, MA 02205 | https://efnol.plymouthrock.com/#/login | 844-346-1225 | rockcare@plymouthrock.com |
| Progressive | The Progressive Corporation
6300 Wilson Mills Road Mayfield Village, OH 44143 | www.progressive.com/claims/auto-process/ | 800-776-4737 | https://www.progressive.com/contact-us.aspx |
| Root | Root Insurance Claims Department
80 E. Rich St., Suite 500 Columbus, OH 43215 | https://claims.joinroot.com/portal/fnol | New claims: 866-980-9431
Existing claims: 866-489-1985 | claims@joinroot.com |
| Safeco | Safeco Insurance
P.O. Box 91016 Chicago, IL 60680-1016 | https://fileaclaim.safeco.com/ | 800-332-3226 | N/A |
| State Farm | State Farm Insurance
One State Farm Plaza Bloomington, IL 61710 | www.statefarm.com/claims/file-a-claim | https://reportloss.claims.statefarm.com/start-claim | N/A |
| The General | The General
600 American Parkway Madison, WI 53783 | www.thegeneral.com/car-insurance/basics/claims/ | 800-280-1466 | claims@thegeneral.com |
| Travelers | Travelers Personal Insurance
P.O. Box 660307 Dallas, TX 75266-0307 | https://www.travelers.com/claims/file-claim/individual | 800-252-4633 | www.travelers.com/contact-us/email |
| USAA | USAA
9800 Fredericksburg Road San Antonio, TX 78288 | www.usaa.com/inet/wc/auto-insurance-claims | Shortcut mobile number: #8722
210-531-8722 or 800-531-8722 | N/A |
- File within the statute of limitations. Make sure you file a claim within your state’s statute of limitations for either property damage or personal injury claims. Car insurance claims can take a while, but if you miss the statute of limitations, the third party doesn’t need to reimburse you at all.
| State | Statute of limitations for property damage claims (in years) | Statute of limitations for personal injury claims (in years) |
|---|---|---|
| Alabama | 2 | 2 |
| Alaska | 2 | 2 |
| Arizona | 2 | 2 |
| Arkansas | 3 | 3 |
| California | 3 | 2 |
| Colorado | 3 | 3 |
| Connecticut | 2 | 2 |
| Delaware | 2 | 2 |
| District of Columbia | 3 | 3 |
| Florida | 2 | 2 |
| Georgia | 4 | 2 |
| Hawaii | 2 | 2 |
| Idaho | 3 | 2 |
| Illinois | 5 | 2 |
| Indiana | 2 | 2 |
| Iowa | 5 | 2 |
| Kansas | 2 | 2 |
| Kentucky | 2 | 1 |
| Louisiana | 1 | 1 |
| Maine | 6 | 6 |
| Maryland | 3 | 3 |
| Massachusetts | 3 | 3 |
| Michigan | 3 | 3 |
| Minnesota | 6 | 2 |
| Mississippi | 3 | 3 |
| Missouri | 5 | 5 |
| Montana | 2 | 3 |
| Nebraska | 4 | 4 |
| Nevada | 3 | 2 |
| New Hampshire | 3 | 3 |
| New Jersey | 6 | 6 |
| New Mexico | 4 | 3 |
| New York | 3 | 3 |
| North Carolina | 3 | 3 |
| North Dakota | 6 | 6 |
| Ohio | 4 | 4 |
| Oklahoma | 2 | 2 |
| Oregon | 6 | 2 |
| Pennsylvania | 2 | 2 |
| Rhode Island | 10 | 3 |
| South Carolina | 3 | 3 |
| South Dakota | 6 | 3 |
| Tennessee | 3 | 1 |
| Texas | 2 | 2 |
| Utah | 3 | 4 |
| Vermont | 3 | 3 |
| Virginia | 5 | 2 |
| Washington | 3 | 3 |
| West Virginia | 2 | 2 |
| Wisconsin | 6 | 3 |
| Wyoming | 4 | 44 |
- Get your car inspected. The other party may want to inspect your car or get their own repair estimates. Make sure the inspection occurs at a time and place that’s convenient for you so you can be present.
- Wait for the settlement. The insurance company will investigate the claim. They will offer you a settlement if they determine that their insured driver caused the accident.
- Sign the release for damages. If you agree to the settlement amount, sign the release for damages.2
- Negotiate. If the other insurance company denies your claim, you can file a suit at small claims court. The judge will decide who was at fault and what you’re owed, if anything.3
Pros and Cons
There are pros and cons to filing a third-party claim vs. filing a claim with your own provider, also known as a first-party claim.
Pros
Pro: Filing a third-party claim means that you won’t have to pay a deductible for collision insurance. Rather, the insurance company will cover your damages up to their limits.
Cons
Con: In a no-fault state, you’ll still be responsible for your own medical costs. If the other party has to pay for your property damage out of pocket, you may have to sue them to get the money, which can be an expensive and arduous process.
Uninsured/Underinsured Drivers in Third-Party Claims
With uninsured or underinsured drivers, third-party claims work differently.
Uninsured Drivers
When dealing with people who drive without insurance, there’s no company you can contact to file a third-party claim. If you lack uninsured motorist coverage, you’ll need to subrogate the claim with the other driver directly to recover your lost funds.
Underinsured Drivers
Underinsured drivers are people who don’t have enough insurance to cover your damages. Either their liability limits are too low to cover your bills, or they’re less than your underinsured motorist coverage. If that’s the case, you would use your underinsured motorist coverage to pay for the gap between their limits and your bills. However, if you lack underinsured motorist coverage, you’ll have to file a claim with the third-party driver.
DID YOU KNOW?
In our uninsured drivers research, we found that there were 33 million uninsured, licensed drivers in the U.S. in 2022.45
Suing the Other Driver
If your third-party claim was denied, you can sue the other driver if you meet your state’s monetary or serious injury threshold.
| State | Monetary threshold | Serious injury threshold |
|---|---|---|
| Florida | None | Permanent injury
Significant and permanent scarring or disfigurement |
| Hawaii | $5,000 | Significant and permanent loss of use of a bodily function or body part
Permanent and serious disfigurement resulting in emotional or mental distress |
| Kansas | PIP benefit amount | Permanent disfigurement
Fracture of weight-bearing compound or bone Comminuted, displaced, or compressed fracture of any bone Permanent injury Dismemberment Permanent damage to an organ or bodily system Permanent loss of a bodily function |
| Kentucky | $1,000 | Permanent disfigurement
Fracture of weight-bearing compound or bone Comminuted, displaced, or compressed fracture of any bone Permanent injury Permanent loss of a bodily function |
| Massachusetts | $2,000 | Permanent and serious disfigurement
Fractured bone (including teeth) Loss of a body part Substantial loss of sight or hearing |
| Michigan | None | Serious impairment of a bodily function
Serious and permanent disfigurement |
| Minnesota | $4,000 | 60 days of disability
Permanent injury Permanent disfigurement |
| New Jersey | None | Dismemberment
Significant scarring or disfigurement Loss of a fetus Displaced fractures Permanent injury other than disfigurement or scarring |
| New York | $50,000 | Bone fracture
Significant disfigurement Loss of a fetus Permanent limitation of use of a body member or organ Significant limitation of a bodily system or function Substantially full disability for 90 days |
| North Dakota | $2,500 | Permanent and serious disability
Dismemberment Permanent disfigurement Disability for at least 60 days |
| Pennsylvania | None | Serious injury |
| Utah | $3,000 | Permanent disfigurement
Permanent disability or impairment Bone fracture Dismemberment |
| Washington, D.C. | PIP benefit amount | Substantial permanent disfigurement or scarring
Substantial permanent impairment Substantially total impairment lasting 6 months |
Note that the states not listed do not have thresholds for property damage/personal injury lawsuits. If you meet your state’s threshold or there is no threshold, find a lawyer using websites such as these:
- Avvo.com
- Lawyers.com
- Nolo.com
What to Do at the Scene of the Accident
If you are involved in an accident, follow these steps to keep everyone safe and collect the information you’ll need in your claim:
- Pull over to a safe spot and make sure everyone is OK.
- If anyone is injured, call 911.
- Although you don’t necessarily need a police report for a claim, file a police report if your state requires it. See below for your state’s accident reporting requirements.
| State | When you’re required to file a police report | How long do you have to file a police report? | What happens if you don’t file a police report when you’re legally required to? |
| Alabama | Death, injury, or property damage worth over $250 due to an uninsured motorist | 30 days | Class A misdemeanor (up to $1,000 fine) for accidents resulting in property damages, Class C felony ($2,500-$6,000 fine) for accidents resulting in death or injury |
| Alaska | Death, injury, or property damage worth over $2,000 | 10 days | License suspension for up to 30 days; fine up to $200, imprisonment up to 90 days, or both |
| Arizona | No state law requiring the driver involved in an accident to file a police report | N/A | N/A |
| Arkansas | Death, injury, or property damage worth over $1,000 | Right away (death or injury) or 30 days (property damage) | License suspension and/or a $100 fine |
| California | Death, injury, or property damage worth over $1,000 | 10 days | License suspension; if accident results in injury for death 90 days to 4 years in prison and/or $1,000-$10,000 fine |
| Colorado | Death, injury, or any property damage | 10 days | Class 2 misdemeanor: 10-90 days in jail, $150-$300 fine, or both |
| Connecticut | Death, injury, or property damage worth over $1,000 | 5 days | $75-$600 fine, imprisonment up to 5 years, or both; for subsequent offenses, fine of up to $20,000, imprisonment for up to 20 years if accident caused death or serious injury |
| Delaware | Death, injury, or property damage worth over $500 | Immediately | $230 to $1,150 fine, imprisonment for 60 days to six months |
| District of Columbia | Property damage more than $250 | 5 days | $100 to $2,500 fine, imprisonment up to 180 days for first offense |
| Florida | Death or injury, property damage worth over $500 | As soon as possible | $30 fine |
| Georgia | Death, injury, or property damage worth over $500 | Immediately | Up to $1,000 fine, imprisonment for up to one year |
| Hawaii | Death, injury, or property damage worth over $3,000 | Immediately | $100 fine |
| Idaho | Death, injury, or property damage worth over $1,500 | Immediately | Up to $1,000 fine, imprisonment for up to six months and license suspension for up to one year |
| Illinois | Death, injury, or property damage worth over $1,500, or $500 if any vehicle is uninsured | 10 days | Class A misdemeanor (up to $2,500 fine, imprisonment for up to one year) |
| Indiana | Death, injury, or property damage worth over $1,000 | Immediately | Class B misdemeanor (up to $500 fine, imprisonment for up to 60 days, license suspension or revocation) |
| Iowa | Death, injury, or damage of $1,500 or more, unless police already investigated the accident | 3 days | Up to $1,500 fine, imprisonment for up to one year |
| Kansas | Death, injury, or property damage worth over $1,000 | Immediately | License suspension, imprisonment for up to one month |
| Kentucky | Death, injury, or property damage worth over $500 | 10 days | $20-$100 fine |
| Louisiana | Injury, death or property damage over $500 | Immediately | Up to $100 fine, imprisonment for up to 60 days |
| Maine | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment for 6 months and $1,000 fine |
| Maryland | Death or injury | 15 days | Imprisonment for up to 60 days, $500 fine, 8 points on driving record |
| Massachusetts | Death, injury, or property damage worth over $1,000 | 5 days | License suspension |
| Michigan | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment up to 90 days, fine up to $100, or both |
| Minnesota | Death, injury, or property damage worth over $1,000 | 10 days | License suspension |
| Mississippi | Death, injury, or property damage worth over $500 | 10 days | License suspension |
| Missouri | Death, injury, or property damage worth over $500 | 5 days | License suspension, fine, or possible misdemeanor charge |
| Montana | Death, injury, or property damage worth over $1,000 | Immediately | Misdemeanor ($200-$300 fine or imprisonment for 20 days) |
| Nebraska | Death, injury, or property damage worth over $1,000 | 10 days | Class V misdemeanor (maximum fine of $100) |
| Nevada | Injury, death or property damage worth over $750 | 10 days | Driving privileges suspension for up to 1 year |
| New Hampshire | Death, injury, or property damage worth over $1,000 | 15 days | Felony if the accident caused death or injury, misdemeanor if there was only property damage |
| New Jersey | Death, injury, or property damage worth over $500 | 10 days | License suspension, $30-$100 fine |
| New Mexico | Death, injury, or property damage worth over $500 | 5 days | Up to $1,000 in fines, imprisonment up to six months if only property damage involved |
| New York | Death, injury, or property damage worth over $1,000 | 10 days | Fine up to $250, 15 days of imprisonment, or both |
| North Carolina | Death, injury, or property damage worth over $1,000 | Immediately | Misdemeanor charge, license suspension for up to 30 days |
| North Dakota | Injury, death or property damage worth over $4,000; report not required for property damage only with an undomesticated animal | Immediately | $50 fine, license suspension |
| Ohio | Injury, death or property damage worth over $1,000 | 5 days | Misdemeanor charge |
| Oklahoma | Death, injury, or property damage worth over $500 | Immediately (death or injury) or 6 months (property damage) | License suspension |
| Oregon | Injury or death (involved driver must call 911)
More than $2,500 in damage to driver’s vehicle More than $2,500 in damage to any vehicle Any vehicle towed from the scene More than $2,500 of any property damage (not including a vehicle) | 72 hours | License suspension |
| Pennsylvania | Death, injury, or disabled vehicle | 5 days | $2,500 fine, imprisonment for up to one year |
| Rhode Island | Death, injury, or property damage worth over $1,000 | 21 days | License suspension |
| South Carolina | Death, injury, or property damage worth over $1,000 | 15 days | Misdemeanor and license suspension |
| South Dakota | Death, injury, property damage worth over $1,000 to 1 person’s property, or $2,000 of total property damage | Immediately | Class 2 misdemeanor (up to 30 days of imprisonment, $500 fine, or both) |
| Tennessee | Death, injury, or property damage worth over $50 | Immediately (death, injury, or $50-$400 of property damage) or 20 days (death, injury, or property damage worth over $400) | License and registration suspension |
| Texas | Death, injury, or property damage of worth over $1,000 | Immediately (death or injury) or 10 days (property damage) | License suspension |
| Utah | Injury, death or property damage worth over $1,500 | 10 days | Third-degree felony, up to $750 fine |
| Vermont | Death, injury, or property damage worth over $3,000 | 3 days | Up to $1,000 fine |
| Virginia | Death or injury | Immediately | Up to $250 fine |
| Washington | Death, injury, or property damage worth over $1,000 | 4 days | Fine of $550 or more |
| West Virginia | Death, injury, or property damage worth over $1,000 | Immediately | Up to $150 fine |
| Wisconsin | Death, injury, property damage worth over $1,000, or government property damage of $200 or more | Immediately (by quickest means of communication) | $300 to $1,000 fine, imprisonment for up to 6 months |
| Wyoming | Death, injury, or property damage worth over $1,000 | Immediately | Up to $5,000 fine, imprisonment for up to 1 year |
Note that the states not listed do not have thresholds for property damage/personal injury lawsuits. If you meet your state’s threshold or there is no threshold, find a lawyer using websites such as these:
- Avvo.com
- Lawyers.com
- Nolo.com
What to Do at the Scene of the Accident
If you are involved in an accident, follow these steps to keep everyone safe and collect the information you’ll need in your claim:
- Pull over to a safe spot and make sure everyone is OK.
- If anyone is injured, call 911.
- Although you don’t necessarily need a police report for a claim, file a police report if your state requires it. See below for your state’s accident reporting requirements.
| State | When you’re required to file a police report | How long do you have to file a police report? | What happens if you don’t file a police report when you’re legally required to? |
|---|---|---|---|
| Alabama | Death, injury, or property damage worth over $500 due to an uninsured motorist | 30 days | Class A misdemeanor (up to $1,000 fine) for accidents resulting in property damages, Class C felony ($2,500-$6,000 fine) for accidents resulting in death or injury |
| Alaska | Death, injury, or property damage worth over $2,000 | 10 days | License suspension for up to 30 days; fine up to $200, imprisonment up to 90 days, or both |
| Arizona | No state law requiring the driver involved in an accident to file a police report | N/A | N/A |
| Arkansas | Death, injury, or property damage worth over $1,000 | Right away (death or injury) or 30 days (property damage) | License suspension |
| California | Death, injury, or property damage worth over $1,000 | 10 days | 90 days to 4 years in prison and/or $1,000-$10,000 fine, based on severity of accident |
| Colorado | Death, injury, or any property damage | 10 days | 10-90 days in jail, $150-$300 fine, or both |
| Connecticut | Death, injury, or property damage worth over $1,000 | 5 days | $75-$600 fine, imprisonment up to 1 year, or both; for subsequent offenses, $100-$1,000 fine, imprisonment up to 1 year, or both |
| Delaware | Death, injury, or property damage worth over $500 | Immediately | $25-$75 fine; for subsequent offenses, $57.50-$95 fine |
| Washington D.C. | N/A | N/A | N/A |
| Florida | Death or injury, property damage worth over $500 | As soon as possible | $30 fine |
| Georgia | Death, injury, or property damage worth over $500 | Immediately | 3 points on driving record |
| Hawaii | Death, injury, or property damage worth over $3,000 | Immediately | $100 fine |
| Idaho | Death, injury, or property damage worth over $1,500 | Immediately | Fines or license suspension |
| Illinois | Death, injury, or property damage worth over $1,500, or $500 if any vehicle is uninsured | 10 days | License suspension |
| Indiana | Death, injury, or property damage worth over $750 | Immediately | License and vehicle registration suspension |
| Iowa | Death, injury, or damage of $1,500 or more, unless police already investigated the accident | 3 days | License suspension |
| Kansas | Death, injury, or property damage worth over $1,500 | Immediately | License suspension, fine up to $500 |
| Kentucky | Death, injury, or property damage worth over $500 | 10 days | $20-$100 fine |
| Louisiana | N/A | N/A | N/A |
| Maine | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment for 6 months and $1,000 fine |
| Maryland | Death or injury | 15 days | 5 points and $140 fine |
| Massachusetts | Death, injury, or property damage worth over $1,000 | 5 days | License suspension |
| Michigan | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment up to 90 days, fine up to $100, or both |
| Minnesota | Death, injury, or property damage worth over $1,000 | 10 days | License suspension |
| Mississippi | Death, injury, or property damage worth over $500 | 10 days | License suspension |
| Missouri | Death, injury, or property damage worth over $500 | 5 days | License suspension, fine, or possible misdemeanor charge |
| Montana | Death, injury, or property damage worth over $1,000 | Immediately | Misdemeanor ($200-$300 fine or imprisonment for 20 days) |
| Nebraska | Death, injury, or property damage worth over $1,000 | 10 days | Class V misdemeanor (maximum fine of $100) |
| Nevada | All crashes | Immediately | Driving privileges suspension for up to 1 year |
| New Hampshire | Death, injury, or property damage worth over $1,000 | 5 days | Not required if the police file a report. If not, operators will be given a felony if the accident caused death or injury, and a misdemeanor if there was only property damage. |
| New Jersey | Death, injury, or property damage worth over $500 | Immediately | License suspension, $30-$100 fine |
| New Mexico | Death, injury, or property damage worth over $500 | Immediately | License suspension |
| New York | Death, injury, or property damage worth over $1,500 | 10 days | Fine up to $250, 15 days of imprisonment, or both |
| North Carolina | Death, injury, or property damage worth over $1,000 | Immediately | Up to $100 fine |
| North Dakota | Death, injury, or property damage worth over $1,000 (no report required for property damage only with an undomesticated animal) | Immediately | License suspension |
| Ohio | All crashes | Immediately | Up to $150 fine |
| Oklahoma | Death, injury, or property damage worth over $500 | Immediately (death or injury) or 6 months (property damage) | License suspension |
| Oregon | Injury or death (involved driver must call 911)
More than $2,500 in damage to driver’s vehicle More than $2,500 in damage to any vehicle Any vehicle towed from the scene More than $2,500 of any property damage (not including a vehicle) | 72 hours | Up to $300 fine |
| Pennsylvania | Death, injury, or disabled vehicle | 5 days | Driving privileges suspension |
| Rhode Island | Death, injury, or property damage worth over $1,000 | 21 days | Up to $500 fine |
| South Carolina | Death, injury, or property damage worth over $1,000 | 15 days | $100-$5,000 fine, 1 year of imprisonment, or both |
| South Dakota | Death, injury, property damage worth over $1,000 to 1 person’s property, or $2,000 of total property damage | Immediately | Class 2 misdemeanor (up to 30 days of imprisonment, $500 fine, or both) |
| Tennessee | Death, injury, or property damage worth over $50 | Immediately (death, injury, or $50-$400 of property damage) or 20 days (death, injury, or property damage worth over $400) | License and registration suspension |
| Texas | Death, injury, or property damage of worth over $1,000 | Immediately (death or injury) or 10 days (property damage) | License suspension |
| Utah | Death, injury, or property damage worth over $1,000 | 10 days | License suspension |
| Vermont | Death, injury, or property damage worth over $3,000 | 3 days | Fine |
| Virginia | Death or injury | Immediately | Up to $250 fine |
| Washington | Death, injury, or property damage worth over $700 | 4 days | License suspension |
| West Virginia | Death, injury, or property damage worth over $1,000 | Immediately | License suspension |
| Wisconsin | Death, injury, property damage worth over $1,000, or government property damage of $200 or more | Immediately (by quickest means of communication) | $40-$200 fine |
| Wyoming | Death, injury, or property damage worth over $1,000 | Immediately | $200 fine |
- Take pictures of the damage.
- Get the names, phone numbers, vehicle, and insurance information of everyone involved.
- Get a copy of the police report and write down the officers’ badge numbers and names.
- If the police are unable to come to the scene, file an accident report.
Car Insurance Terms You Should Know
If you have to file a third-party claim, familiarize yourself with the following car insurance definitions:
- Liability car insurance coverage: Liability coverage includes bodily injury and property damage for coverage for accidents you caused. It applies to the other party who is not or less at fault.
- Collision coverage: If you get into an at-fault collision, collision coverage will pay for damages to your car. However, no state requires collision or compensation coverage options; you can save money by dropping these coverages on an old car.
- No-fault: In no-fault states, each party pays for its own injuries and deaths, while the at-fault party pays for property damages only.
- Personal injury protection: PIP is a requirement in no-fault states. Regardless of fault, each party will cover their own medical costs, lost wages, and child care costs under PIP.
Conclusion
Filing a third-party liability claim requires understanding your state’s laws and the steps involved. If you live in an at-fault state, you’ll typically file the claim with the at-fault driver’s insurance provider. In no-fault states, your own insurance may cover initial costs unless the damages meet a certain threshold. Be prepared to provide detailed documentation, such as accident reports, photos, witness statements, and a police report if required by law. Act promptly to stay within your state’s time limit for filing claims. By knowing your rights and the process, you can ensure that the at-fault party’s insurance covers your damages, helping you recover without unnecessary stress.
FAQs
Read more about third-party claims below.
Will a third-party claim affect my insurance?
Yes, a third-party claim will affect your insurance. If the accident was your fault, your rates will go up. However, if the accident wasn’t your fault and your insurance company successfully files a third-party claim, your car insurance rates are less likely to go up.
Certain states, like California and Oklahoma, have laws that prevent insurers from raising rates for a no-fault accident. Additionally, states like Florida prohibit insurance premium hikes if the driver is less than 50 percent at fault in an incident.
How does a third-party insurance claim work?
A third-party insurance claim works by your insurance provider filing a claim with the insurance provider of the at-fault driver in an accident. If the claim is successful, the other insurance provider will cover your injury and property damage costs in at-fault states, or your property damages alone in no-fault states.
How do you handle a third-party claim?
Here’s how to handle a third-party claim:
- Collect all information relevant to your claim, like the date, time, weather, and location of the accident, the insurance, vehicle, and contact information of everyone involved, pictures of the damages, and a copy of the police report to give to your insurance provider.
- File a third-party claim.
- Get repair estimates.
- Have your car inspected by the third party.
- Wait for the adjusters to determine your settlement, if any.
What if someone claims you hit their car?
If someone claims you hit their car, here’s what you should do:
- Alert your insurance company immediately.
- Ask for a copy of the police report.
- Have your insurance company investigate by interviewing witnesses and checking surveillance camera footage.
- Read your state’s Vehicle Code and see if you violated any laws.
- Get your insurance company to provide you with a lawyer to defend you against fraudulent claims.
Senior Writer & Editor
A seasoned journalist and content strategist with over 10 years of editorial experience in digital media, Aliza Vigderman has written and edited hundreds of articles on the site, covering everything from plan coverages to discounts to state laws. Previously, she was a senior editor and industry analyst at the home and digital security website Security.org, previously called Security Baron. She has also contributed to The Huffington Post, SquareFoot, and Degreed. Aliza studied journalism at Brandeis University.
Citations
Car Accidents: Statutes of Limitations. Enjuris. (2022).
https://www.enjuris.com/car-accident/statutes-of-limitations.htmlFiling a Third-Party Claim for Car Accident Vehicle Damage. NOLO. (2022).
https://www.nolo.com/legal-encyclopedia/filing-a-third-party-claim-for-car-accident-vehicle-damage.htmlFiling a Claim with Another Driver’s Insurance Company. Illinois Department of Insurance. (2022).
https://www2.illinois.gov/sites/Insurance/Consumers/ConsumerInsurance/Auto/Pages/filing-an-auto-claim-with-anothers-insurance-company.aspxOne in Eight Drivers Uninsured. Insurance Research Council. (2021, Mar 22).
https://www.insurance-research.org/sites/default/files/downloads/UM%20NR%20032221.pdfHighway Statistics 2019. U.S. Department of Transportation -Federal Highway Administration.(2019).
https://www.fhwa.dot.gov/policyinformation/statistics/2019/dl201.cfm
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