The Short Answer:
To file a car accident claim, report the crash, document the scene, get medical care, notify your insurance company, and keep detailed records of your losses. In Tennessee, you may also need to file an Owner/Operator Report within 20 days if the crash caused injury, death, more than $1,500 in property damage, or more than $400 in damage to state or local government property.
When you contact the insurance company, stick to the basic facts. Don’t admit fault, guess about what happened, downplay your injuries, or agree to a recorded statement before speaking with a car accident lawyer.
Key Takeaways
- Filing a car accident claim starts with reporting the crash, getting medical care, and collecting evidence.
- Photos, witness information, insurance details, and the police report can help support your claim.
- You should notify your insurance company as soon as possible, even if the other driver caused the crash.
- Tennessee may require you to file an Owner/Operator Report within 20 days after certain crashes.
- Insurance adjusters may use your statements to reduce or deny your claim, so avoid guessing or admitting fault.
- A car accident lawyer from The McMahan Law Firm can handle the insurance company, gather proof of your damages, and help you pursue the money you may be owed.
Table of Contents
- Step 1: Make Sure Everyone Is Safe After the Accident
- Step 2: Call the Police and Get an Accident Report
- Step 3: Document the Accident Scene
- Step 4: Get Medical Attention
- Step 5: Notify Your Insurance Company
- Step 6: File Any Required State Accident Report
- Step 7: Understand What Insurance Coverage May Apply
- Step 8: Keep Detailed Records of Your Losses
- Step 9: Follow Up With the Insurance Company Carefully
- Step 10: Consider Talking to a Car Accident Lawyer
- FAQs: How to File a Car Accident Claim
- Contact a Car Accident Lawyer for Help With Your Claim
Step 1: Make Sure Everyone Is Safe After the Accident
Your safety comes first after a car accident. Before you think about filing a claim, check yourself, your passengers, and anyone else involved for injuries. Then, take steps to prevent another crash or injury at the scene.
If your car is blocking traffic and you can move it safely, pull over to the shoulder, a nearby parking lot, or another safe area. Turn on your hazard lights so other drivers can see you. If the vehicle can’t be moved, stay as far away from traffic as possible and wait for help.
Do not move anyone who appears badly hurt unless they’re in immediate danger. Moving an injured person can make some injuries worse.
Step 2: Call the Police and Get an Accident Report
After checking for injuries and moving to a safe place, call the police to report the accident. An officer can come to the scene, speak with the drivers and witnesses, document what happened, and create an official accident report.
This report can become an important piece of evidence when you file a car accident claim. It may help show when and where the accident happened, who was involved, and what the officer observed at the scene.
You should call law enforcement after a car accident if anyone is hurt, someone died, there is major vehicle damage, traffic is blocked, a driver appears drunk or impaired, or the other driver refuses to exchange information.
You should also call the police if there is any dispute about what happened. If the other driver later changes their story, the accident report may help support your version of events.
A police report may include the date, time, and location of the accident. It may also include the names of the drivers, vehicle information, insurance details, witness statements, road conditions, weather conditions, visible damage, traffic citations, and the officer’s notes about how the crash happened.
The report may not be ready right away. Ask the officer how and when you can get a copy. You may need the report number when you notify your insurance company or file a claim with the other driver’s insurer.
An accident report can help support your insurance claim by giving the insurance company a neutral record of the crash. It may back up your statement, confirm that the accident happened, and help connect your injuries or vehicle damage to the collision.
Insurance adjusters often review the police report when deciding fault and damages. While the report doesn’t guarantee that your claim will be approved, it can make your claim stronger, especially when the other driver denies responsibility or the facts are disputed.
Step 3: Document the Accident Scene
The evidence you gather at the scene can play a major role in your car accident claim. Photos, videos, driver information, and witness details can help show what happened and how the accident affected you.
If you’re too hurt to collect evidence yourself, ask a passenger, family member, or trusted person at the scene to help. Do not put yourself in danger to take photos or gather information.
Use your phone to take clear photos and videos before the vehicles are moved, if it’s safe to do so. Try to capture the scene from several angles, including close-up photos and wider shots that show the full area.
Take photos and videos of:
- Vehicle damage
- Skid marks
- Road conditions
- Traffic signs or signals
- Weather conditions
- Visible injuries
- Debris
- License plates
You should also take photos of the other driver’s insurance card, driver’s license, and license plate. These details can help if information is written down incorrectly or becomes hard to find later.
Get the other driver’s contact, vehicle, and insurance information before leaving the scene. You should write it down or take photos of the documents if the other driver allows it.
Collect the other driver’s:
- Name
- Phone number
- Address
- Driver’s license number
- License plate number
- Insurance company
- Policy number
Stay calm and keep the conversation brief. You don’t need to argue about fault or explain what you think caused the accident. Focus on exchanging the information needed to file your claim.
If anyone saw the accident happen, ask for their name and phone number. A witness may be able to confirm details about the crash, especially if the other driver disputes fault later.
You can also ask witnesses what they saw, but don’t pressure them or ask them to say something specific. Their independent account may help your insurance claim, police report, or injury case.
Step 4: Get Medical Attention
You should get medical attention as soon as possible after a car accident. This protects your health and creates a medical record that can help support your claim.
Even if you think your injuries are minor, don’t wait too long to see a doctor. Insurance companies may argue that a delay in treatment means your injuries weren’t serious or weren’t caused by the accident.
Pain doesn’t always show up right away after a crash. Adrenaline can hide symptoms for hours or even days. You may feel shaken but mostly okay at the scene, then wake up later with pain, stiffness, headaches, or other symptoms.
A doctor can check for injuries that may not be obvious right away. Follow the doctor’s treatment plan, attend follow-up appointments, and keep copies of your medical records and bills.
Some injuries take time to appear. After a car accident, watch for symptoms such as:
- Neck pain
- Back pain
- Headaches
- Dizziness
- Numbness or tingling
- Shoulder pain
- Trouble sleeping
- Memory problems
- Pain that gets worse over time
- Anxiety or fear while driving
If you notice new or worsening symptoms, seek medical care right away. Don’t ignore pain or assume it’ll go away on its own.
Medical records can help show the type of injuries you suffered, when your symptoms began, what treatment you needed, and how the accident affected your daily life. These records may be used to support payment for medical bills, lost wages, pain, and other damages.
Without medical documentation, the insurance company may question your injuries or offer less than what your claim is worth. Keeping clear records can make it harder for the insurer to dispute the harm caused by the crash.
Step 5: Notify Your Insurance Company
You should notify your insurance company after a car accident, even if you believe the other driver was at fault. Most insurance policies require drivers to report accidents promptly. Waiting too long could create problems with your claim.
When you call, focus on the basic facts. You don’t need to give a full statement, guess about fault, or explain the full extent of your injuries before you know how serious they are.
Report the accident to your insurance company as soon as you reasonably can after the crash. If you’re hurt and need emergency care, your health comes first. Once you’re safe and able to make the call, let your insurer know the accident happened.
Your insurance company may open a claim, explain your coverage, assign an adjuster, and tell you what documents they need. You may also need to notify your insurer to use medical payments coverage, uninsured motorist coverage, collision coverage, or rental car coverage.
When you report the accident, provide clear and simple facts. Share information you know is accurate, but avoid guessing about anything you’re unsure of.
You may need to provide:
- Date and time of the crash
- Location
- Other driver’s information
- Police report number
- Photos
- Basic facts about what happened
You can also ask the insurance company for your claim number and the adjuster’s contact information. Keep notes about every call, including the date, time, name of the person you spoke with, and what they told you.
Be careful when speaking with any insurance adjuster. This includes your own insurance company and the other driver’s insurance company. Adjusters may look for statements they can use to reduce the value of your claim or deny it.
When filing a car accident claim:
- Don’t admit fault
- Don’t guess about what happened
- Don’t downplay your injuries
- Don’t say you are “fine”
- Don’t agree to a recorded statement without legal advice
- Don’t accept a quick settlement before knowing your damages
It’s okay to say that you’re still getting medical care, still gathering information, or don’t know the answer yet. If the insurance company pressures you for a recorded statement or a fast settlement, consider speaking with a car accident lawyer before moving forward.
Step 6: File Any Required State Accident Report
In Tennessee, reporting the crash to your insurance company may not be the only step you need to take. Some drivers must also file an Owner/Operator Report with the Tennessee Department of Safety and Homeland Security.
This report is separate from the police report. Even if an officer came to the scene, you may still need to file the Owner/Operator Report if your crash meets Tennessee’s reporting rules.
Tennessee requires an Owner/Operator Report within 20 days if the crash caused:
- Death
- Injury
- More than $1,500 in property damage
- More than $400 in damage to state or local government property
This report is required regardless of who was at fault. If you’re unsure whether the damage meets the reporting threshold, it may be safer to file the report rather than risk missing the deadline.
You can submit the Tennessee Owner/Operator Report online through Tennessee’s e-Services portal. You may also be able to download a blank report and submit it by mail.
Before you begin, gather the information you have about the accident, including the date, location, drivers involved, insurance details, injuries, vehicle damage, and any police report number. Keeping this information together can make the reporting process easier.
Failing to file a required Owner/Operator Report can lead to penalties. Tennessee warns that not filing the report may result in the suspension of your driver’s license, vehicle registration, or nonresident driving privileges.
Missing this step can also create problems when you are trying to file a car accident claim. The insurance company may ask for proof that you reported the crash properly, especially if there were injuries or major damage.
Step 7: Understand What Insurance Coverage May Apply
Different types of insurance coverage may apply after a car accident. The coverage available can depend on who caused the crash, what policies were in place, and the type of losses you have.
Before accepting any payment from an insurance company, make sure you know what the payment covers. Some settlement agreements may prevent you from asking for more money later, even if your medical bills or other losses increase.
Liability insurance may apply when another driver caused the accident. This coverage can pay for losses the at-fault driver caused, such as medical bills, lost wages, vehicle repairs, and pain and suffering.
The other driver’s insurance company may contact you after the crash. Be careful with what you say. Their goal is to protect their company, not to make sure you receive the full amount you may be owed.
Uninsured motorist coverage may apply if the at-fault driver did not have insurance. Underinsured motorist coverage may apply if the at-fault driver had insurance, but not enough to cover your damages.
This type of coverage is usually part of your own auto insurance policy. You may need it after a hit-and-run crash, a crash with an uninsured driver, or a serious accident where the other driver’s policy limits are too low.
Medical payments coverage, often called MedPay, may help pay medical bills after a car accident, regardless of who caused the crash. This coverage can apply to ambulance costs, emergency room care, doctor visits, imaging, physical therapy, and other medical expenses.
MedPay is usually handled through your own insurance company. It may help cover early medical costs while the larger injury claim is still pending.
Collision coverage may help pay to repair or replace your vehicle after a crash, even if the accident was your fault. This coverage is usually part of your own auto insurance policy and often requires you to pay a deductible.
If another driver caused the accident, your insurance company may later seek reimbursement from the at-fault driver’s insurer. This process is called subrogation.
Rental car coverage may help pay for a rental vehicle while your car is being repaired or replaced. This coverage is not included in every policy, so you should ask your insurance company whether you have it and what limits apply.
If the other driver caused the crash, their insurance company may also be responsible for rental car costs, but payment can be delayed if the insurer disputes fault or needs more time to investigate.
Step 8: Keep Detailed Records of Your Losses
Good records can make your car accident claim stronger. The insurance company will not simply take your word for your losses. You need documents that show what the accident cost you and how it affected your life.
Create a folder for your claim, either on paper or digitally. Save every bill, receipt, estimate, medical record, letter, email, and note related to the accident.
Keep copies of all medical bills and treatment records after the accident. This may include ambulance bills, emergency room records, doctor visits, prescriptions, imaging, physical therapy, injections, surgery records, and follow-up care.
These records can help show what injuries you suffered, what treatment you needed, and how much your medical care cost. They can also help connect your injuries to the accident.
Save repair estimates, invoices, towing bills, storage fees, rental car receipts, and any documents showing the value of your vehicle. You should also keep photos of your vehicle damage before repairs are made.
If your car is declared a total loss, keep the insurance company’s valuation paperwork. Review it carefully to make sure the vehicle’s condition, mileage, features, and market value are accurate.
If your injuries caused you to miss work, keep records of your lost income. This may include pay stubs, tax forms, a letter from your employer, work schedules, or proof of missed shifts.
If you’re self-employed, you may need invoices, profit and loss records, client emails, bank statements, or other documents showing how the accident affected your income.
A car accident can lead to many smaller costs that add up over time. Keep receipts for expenses related to the crash, such as transportation to medical appointments, parking fees, medical supplies, prescription costs, childcare, and help with household tasks you can’t do because of your injuries.
Don’t assume these costs are too small to matter. If the accident caused the expense, save the receipt.
You should also keep notes about how your injuries affect your daily life. Write down your pain levels, missed activities, sleep problems, emotional stress, and tasks you can no longer do or can only do with pain.
These notes can help show the human impact of the accident. They may support damages that don’t come with a simple bill, such as pain and suffering, loss of enjoyment of life, and daily limitations.
Step 9: Follow Up With the Insurance Company Carefully
After you file a car accident claim, the insurance company may contact you for more information. Keep track of every call, email, letter, and document request. Write down who you spoke with, when the conversation happened, and what was discussed.
You should respond to reasonable requests, but don’t let the adjuster pressure you into saying more than you know or accepting less than your claim is worth. If you’re still getting medical care, your full damages may not be clear yet.
The claim process can take days, weeks, or months. A simple property damage claim may move faster than an injury claim. If you have serious injuries, ongoing treatment, disputed fault, or trouble getting records, the process may take longer.
It’s usually not a good idea to settle an injury claim before you know the full extent of your medical needs. Once you accept a settlement, you may not be able to ask for more money later.
The insurance company may ask for photos, repair estimates, medical bills, medical records, proof of lost wages, or a copy of the police report. These documents help the adjuster review fault and calculate damages.
Some requests are normal. Others may be too broad or may be used to search for reasons to reduce your claim. Be careful with medical release forms, recorded statements, and questions about past injuries. Our team can help you decide what information you should provide.
If the adjuster delays your claim, denies responsibility, or offers less than your losses are worth, ask for the reason in writing. Keep copies of all letters and emails from the insurance company.
You can also send documents that support your claim, such as medical bills, repair estimates, photos, witness information, and proof of lost wages. If the insurance company still refuses to make a fair offer, it may be time to speak with a car accident lawyer.
Step 10: Consider Talking to a Car Accident Lawyer
You don’t have to handle a car accident claim alone. Your attorney may be able to help if the insurance company is disputing fault, delaying your claim, denying coverage, or offering less than you may be owed.
Legal help can be especially useful when injuries are serious or the claim involves long-term medical care. The more complex the claim becomes, the more likely it is that the insurance company will push back.
A car accident lawyer may be able to help if your claim involves:
- Serious injuries
- Disputed fault
- Denied claim
- Low settlement offer
- Hit-and-run crash
- Uninsured driver
- Commercial vehicle crash
- Long-term medical care
You should also consider hiring a lawyer if the adjuster asks for a recorded statement, pressures you to settle quickly, or blames you for the accident.
A lawyer can help gather evidence, review insurance coverage, calculate damages, communicate with adjusters, and file the paperwork needed to support your claim. They can also help you avoid mistakes that may hurt your case.
If the insurance company refuses to make a fair offer, The McMahan Law Firm can explain your legal options and help you pursue the money you may be owed.
FAQs: How to File a Car Accident Claim
Yes, you should usually call your insurance company even if the other driver caused the accident. Your policy may require prompt notice after a crash, and your insurer may need to open a claim if you use medical payments coverage, uninsured motorist coverage, collision coverage, or rental car coverage.
When you call, stick to the basic facts. Do not admit fault, guess about what happened, or say you are not injured before you have been checked by a doctor.
When filing a car accident claim, do not say anything that admits fault or downplays your injuries. Avoid statements like “I’m sorry,” “I didn’t see them,” “I’m fine,” or “It was my fault.” You should also avoid guessing about speed, distance, injuries, or who caused the crash.
You can tell the insurance company that the accident happened and provide basic details. If an adjuster pressures you for a recorded statement or quick settlement, contact a car accident lawyer before moving forward.
You may be able to start an insurance claim without a police report, but having one can help. A police report may include the date, time, location, driver information, witness details, road conditions, citations, and the officer’s notes about what happened.
Insurance companies often use police reports when reviewing fault and damages. If the other driver disputes the accident or changes their story, the report may help support your claim.
If the other driver does not have insurance, you may still have options. Your own uninsured motorist coverage may help pay for medical bills, lost wages, pain and suffering, and other losses, depending on your policy.
You should report the crash to your insurance company and ask whether uninsured motorist coverage applies. These claims can become complicated, so consulting with a lawyer can help you understand your options and protect your claim.
Yes, you may still be able to file a claim if you were partly at fault. In Tennessee, your ability to recover compensation depends on your share of fault. If you are 50% or more at fault, you may not be able to recover compensation from the other driver.
Don’t admit fault to the insurance company. Fault is based on evidence, not just what one driver says at the scene. A car accident lawyer from The McMahan Law Firm can review the facts and help respond if the insurance company is trying to blame you unfairly.
You should be careful before accepting the insurance company’s first settlement offer. Early offers may not include the full cost of medical care, lost wages, future treatment, vehicle damage, or pain and suffering.
Once you accept a settlement, you may give up your right to ask for more money later. Before signing anything, make sure you know what your claim may be worth. If you are unsure, contact a car accident lawyer for a free consultation.
Contact a Car Accident Lawyer for Help With Your Claim
Filing a car accident claim can be stressful, especially when you’re dealing with injuries, medical bills, missed work, vehicle repairs, and insurance delays. Even when you do everything right, the insurance company may still question your injuries, dispute fault, or offer less than your claim is worth.
We can deal with the insurance company for you, gather evidence, calculate your damages, and help you avoid mistakes that may hurt your claim. If the insurer is pressuring you for a recorded statement, delaying your claim, or pushing a quick settlement, legal help can make a difference.
Contact our car accident lawyers today for a free consultation. You pay no fee unless we win your case. Call now or fill out our contact form to get started.
