Reviewed by Adrianos Facchetti, Esq.
California State Bar No. 243213.
This article was reviewed for legal accuracy and general informational value.
In case the crash happened due to another driver, it is normally possible to file a claim against his liability insurer in California. You contact the insurer either by phone or via their website, provide the dates of the accident and where it took place, and provide the insurer with the information regarding the policyholder, and they open something known as the third-party claim.
The process of opening such a claim is relatively easy. The matter of actually getting paid for such a claim is a completely different story. Another insurer does not have to buy your version of events just because you filed a claim and does not automatically have to pay the money just because its driver was cited.
What Is a Third-Party Insurance Claim?
There are two general types of automobile insurance claims:
- First-party claim. It is a claim made against your own insurance policy like collision insurance for your automobile or uninsured motorist insurance.
- Third-party claim. It is a claim made against the other party’s insurance policy. If you make a claim against the insurance company of the other party who was at fault in the accident, you become the “third party,” not the customer of the insurance company.
Liability insurance is the type of insurance that is being claimed against in a third-party claim. Liability insurance covers any damage caused by the insured driver to others, and it comprises two main types:
- Property damage liability insurance for your vehicle and other properties
- Bodily injury liability insurance for your injury and other monetary expenses, including medical expenses and loss of income
These two parts are often handled separately, sometimes by different adjusters, and on different timelines. Your car claim may settle in weeks while your injury claim stays open until treatment is finished.
How to File an Insurance Claim Against the Other Driver
Here’s the process in order:
- Get the other driver’s insurance information. At the scene, collect their name, insurer, policy number, license plate, and driver’s license details.
- Report the crash to your own insurer. Most policies require prompt notice, even when you weren’t at fault. More on why below.
- Gather evidence. Photos, video, witness names, and anything that shows how the crash happened.
- Get the police or collision report if one was made. Ask the responding agency how to request a copy.
- Contact the other driver’s insurance company. Use the insurer’s claims phone line or website.
- Open the third-party claim. Tell them you’re making a claim against their policyholder and provide the basic facts.
- Get the claim number and adjuster’s contact information. Put both at the top of every email and letter you send.
- Submit supporting documents. Repair estimates, photos, and, for injuries, medical records and bills as they come in.
- Keep records of every communication. Date, name, and what was said.
- Review any settlement offer carefully before signing. A release is usually final.
Furthermore, according to the state of California, an SR-1 form is required by law if there were any injuries or deaths involved or if the damages cost more than $1,000, within 10 days. This is different from an insurance claim or a police report.
What Information Should You Gather Before Filing?
Calling the insurer with your documents ready makes the first conversation shorter and gives the adjuster fewer reasons to delay.
Evidence checklist:
- Other driver’s name and phone number
- Their insurance company and policy number, if you have it
- License plate and driver’s license information
- Year, make, model, and color of their vehicle
- Photos and video of both vehicles, the scene, traffic signals, and skid marks
- Witness names and contact information
- Police report or incident number
- Medical records and bills
- Repair estimates
- Towing and rental car receipts
- Pay stubs or a letter from your employer showing missed work
If you don’t have the other driver’s insurer, the police report often lists it. The DMV SR-1 process can also help identify insurance information in some cases.
Should You Notify Your Own Insurance Company?
Yes, in most situations. Reporting the crash to your own insurer is not the same as filing a claim on your policy, and it protects you in several ways:
- Your policy likely requires it. Many policies require prompt notice of any accident. Missing that requirement can create problems if you later need your own coverage.
- Collision coverage. If the other insurer is slow or disputes fault, your collision coverage may repair your car sooner, subject to your deductible.
- Medical payments coverage. If your policy includes it, it may help with medical bills regardless of fault.
- Uninsured or underinsured motorist coverage. If the other driver turns out to have no insurance or too little, you’ll need your own insurer involved.
- Subrogation. If your insurer pays, it can seek repayment from the at-fault driver’s insurer and may try to recover your deductible too.
Every policy is different, so check your own declarations page or ask your agent what coverages you actually have. The California Department of Insurance’s auto insurance consumer guides explain these coverages in plain language.
What Happens After You File the Claim?
Once the claim is open, the other insurer typically:
- Assigns a claim number and an adjuster
- Confirms its driver had active coverage on the date of the crash
- Gets its own driver’s statement
- Asks for your statement
- Contacts witnesses
- Reviews photos, video, and the police report
- Inspects your vehicle or reviews your repair estimate
- Requests medical records if you’re claiming injuries
- Makes a liability decision
- Starts settlement discussions if it accepts some or all responsibility
Filing doesn’t guarantee payment. California has claim-handling regulations that set expectations for how insurers acknowledge and respond to claims, and the Department of Insurance accepts consumer complaints if an insurer isn’t responding. But an open claim can still end in a denial or a partial offer.
How Does the Other Driver’s Insurance Decide Fault?
The adjuster looks at:
- California traffic laws, such as right-of-way and following distance
- Physical evidence, like where the vehicles were damaged
- The police report and any citations
- Witness statements
- Photos and video, including dashcam or business cameras
- Both drivers’ statements
A citation helps, but it isn’t the final word. And the adjuster’s decision isn’t a court ruling. If the insurer says you were 50% at fault, that’s its negotiating position, not a legal finding. Fault can still be argued with better evidence or, if necessary, decided by a court.
What Should You Say to the Other Driver’s Insurance Adjuster?
Stick to facts you actually know:
- Give the basic facts: where, when, what vehicles, and what you observed.
- If you don’t know something, like the other car’s speed, say you don’t know. Don’t guess.
- Don’t volunteer opinions about who was at fault. Let the evidence speak.
- Describe your injuries honestly. Don’t downplay them (“I’m fine”) and don’t exaggerate them.
- Don’t sign anything you don’t understand.
- Be careful with broad medical authorizations. Some ask for years of unrelated records. You can offer records related to the crash instead.
- Keep notes of every call.
You may be asked for a recorded statement. You generally aren’t obligated to give one to the other driver’s insurer. If you choose to, prepare first and keep it factual.
What If the Other Driver’s Insurance Denies the Claim?
Common reasons for denial include:
- The insurer believes its driver wasn’t at fault
- Coverage problems, like a lapsed policy or an excluded driver
- Conflicting statements
- Not enough evidence
- A policy exclusion
- Disputes about whether your injuries or damages came from this crash
Practical next steps:
- Ask for the denial and the reason in writing.
- Send any evidence the adjuster didn’t have, such as witness statements or video.
- Use your own collision coverage for car repairs if needed.
- Check whether uninsured motorist coverage applies if coverage was denied.
- File a complaint with the California Department of Insurance if you believe the claim wasn’t handled properly.
- Talk with a lawyer, especially if you were injured.
Keep the lawsuit deadline in mind. Many California injury claims generally must be filed in court within two years under California Code of Civil Procedure § 335.1, though exceptions can apply. A pending insurance claim does not pause that deadline, and property damage claims can follow a different timeline.
What Happens When Both Drivers Are Partially Responsible for the Accident
California employs the principle of comparative negligence. There may be a sharing of responsibility between the two drivers rather than a complete fault situation.
For instance, in a case where another driver fails to obey a stop sign, but you were speeding a little bit, the insurance company could claim you are 20 percent responsible. Then, if you suffered losses worth $10,000, a reduction of 20 percent will give you $8,000.
You can still recover even if you share some fault. The percentage is often where the real negotiation happens.
What If the Other Driver Is Uninsured or Underinsured?
If the at-fault driver has no insurance, or their policy limits are too low to cover your injuries, your own policy may help:
- Uninsured motorist coverage (UM) may pay for your injuries when the at-fault driver has no insurance, and in some cases after a hit-and-run.
- Underinsured motorist coverage (UIM) may help when the at-fault driver’s limits aren’t enough.
- Collision coverage can repair your car regardless of who was at fault, minus your deductible.
These are first-party claims against your own insurer, and your insurer will evaluate them carefully too. UM and UIM claims have their own rules and timelines, so it’s worth reviewing them early.
Should You Use Your Own Insurance Instead?
Sometimes it makes sense to go through your own collision coverage for car repairs, especially when:
- The other insurer hasn’t accepted liability yet
- Fault is disputed
- You need your car back quickly
You’ll typically pay your deductible up front. If your insurer later recovers from the other driver’s insurer through subrogation, you may get that deductible back. Your injury claim against the other driver can usually continue separately.
| Claim Against Other Driver’s Insurer | Claim Through Your Own Collision Coverage | |
|---|---|---|
| Who pays | At-fault driver’s liability insurer | Your insurer |
| Deductible | Usually none | Usually yes, possibly reimbursed later |
| Depends on fault decision | Yes | No |
| Speed | Can be slower if fault is disputed | Often faster |
What Damages Can a Third-Party Claim Include?
Depending on the facts, a claim may include:
- Vehicle repairs, or fair market value if the car is a total loss
- Towing and storage
- Rental car costs or loss of use
- Medical expenses
- Lost income
- Future medical care, which is supported by your doctors
- Pain and suffering
- Other documented losses
Not every category applies to every claim, and each one needs documentation.
What to Check Before Accepting an Insurance Settlement
Before signing, ask yourself:
- Is my medical treatment finished, or do I know what’s still needed?
- Could I need future care, like surgery or therapy?
- Do I know all my medical bills, including any liens?
- Have I documented my lost wages?
- Does the release close only property damage, or all claims, including injuries?
- Are property damage and injury being settled separately?
- Could other coverage, like UIM, still apply?
Read the release closely. Once you sign a full release, you generally can’t reopen the claim, even if your injury turns out worse than expected.
When to Talk With a California Car Accident Lawyer
Many small property-damage-only claims resolve without a lawyer. Legal review is more useful when:
- You were seriously injured
- Fault is disputed
- Several drivers were involved
- A commercial vehicle was involved
- The other driver is uninsured
- The other driver’s policy limits look low
- You’re being pressured to settle quickly
- Your claim was denied
- You’ll need significant future treatment
- A family member died in the crash
Law Offices of Adrianos Facchetti serves people injured in accidents across Southern California, even serving as a Los Angeles car accident lawyer. Should your accident occur in the Burbank area, our Burbank car accident lawyer information takes into account relevant information about the accident location.
In cases where you have questions other than those relating to the claim, our Los Angeles personal injury lawyer information discusses the concepts of liability, medical information, and damages.
No Fee Unless You Recover Compensation. Call (626) 793-8607 for a free consultation. Se habla español. Falamos português.
