Claims process
The accident claim process, step by step
Most injury claims follow the same broad path: report, treat, gather evidence, claim, negotiate, then settle or sue. Knowing what comes next helps you avoid the mistakes that cost people money.
Most claims settle with the insurer without going to court. A simple claim can wrap up within months once you've recovered. A claim with serious injuries or disputed fault often takes a year or more, and it can move into a lawsuit if the insurer won't pay a fair amount. The biggest risk along the way is settling before you know how badly you are hurt.
1. Right after the accident
Call the police if anyone is hurt or a driver won't exchange details. Get medical attention, even if you feel mostly fine, because adrenaline hides pain and a same-day record links your injury to the accident. Photograph the scene, the vehicles or hazard, and your injuries. Take names and contact details from witnesses. After a fall or a workplace injury, ask for an incident report to be written up.
2. Notify the insurers
Tell your own insurer promptly, since most policies require it even if you weren't at fault. You'll get a claim number to use in all later contact. The other side's insurer may call you within days. Give basic facts, but you don't have to give a recorded statement to the other driver's insurer, and it's often wise to get advice before you do.
3. Treatment and recovery
This stage usually takes the longest, and it should. The value of an injury claim depends on how the injury affects you over time, and nobody knows that until your condition settles. Doctors call that point maximum medical improvement. Meanwhile, follow the treatment plan, keep every bill and receipt, and keep a short diary of pain, sleep and the things you couldn't do. Gaps in treatment are one of the first things an insurer will point to.
4. Building the claim
Once your prognosis is clearer, the claim gets put together: medical records and reports, proof of lost income, receipts for out-of-pocket costs, photos, the police report and witness statements. In bigger cases this can include expert evidence such as accident reconstruction or a future care report.
5. The demand and negotiation
In the US and Canada, the claim is usually presented in a demand letter setting out what happened, your injuries, your losses and the amount you're asking for. In England and Wales, a represented claim usually starts earlier with a letter of claim under the pre-action protocol. The defendant's insurer generally has 21 days to acknowledge it and 3 months to investigate and say whether it accepts liability.
The first offer is usually low. Negotiation typically goes back and forth several times. Each offer should be compared against your documented losses, what your future needs might cost and the risks of going further.
6. Settlement or a lawsuit
If you agree a figure, you'll sign a release that ends the claim for good, so you can't come back for more if your injury turns out worse. If you can't agree, or a deadline is close, the next step is to start a court claim. Even then, most cases still settle, often after discovery, a deposition or mediation. Only a small share go all the way to trial.
Negotiating does not usually stop the clock. In the UK you generally have 3 years to issue court proceedings. US statutes of limitations vary by state and are often 2 or 3 years. In Ontario the basic limit is 2 years. If the insurer is dragging things out near that date, speak to a lawyer.
Why claims slow down
- Fault is disputed and the insurer wants more evidence before it will pay.
- You're still in treatment, so the full value isn't known yet.
- Records are missing or slow to arrive from hospitals, employers or police.
- Experts are needed to explain future care, lost earning capacity or how the crash happened.
- The insurer is testing you to see if you'll accept a lower offer out of frustration.
Guides, comparisons and terms for each stage
What to do after an accident
A checklist for the first hours, days and weeks.
Car accident claims
The full process after a road collision.
Insurance claim vs lawsuit
When a claim stays with the insurer and when it goes to court.
Settlement vs trial
The trade-off between a certain result now and a bigger one later.
Mediation vs arbitration
Two ways to resolve a claim without a full trial.
Car accident claim workbook
Keep your evidence, contacts and expenses in one place.
Police report
How to get it and what to do if it's wrong.
Demand letter
What goes into it and when to send it.
Limitation period
The deadline for starting a court claim.
Preservation letter
Ask others to keep video and records before they're deleted.
Independent medical examination
What to expect when the insurer sends you to its own doctor.
Litigation
What changes once a court claim is started.
Common questions
How long does an accident claim take to settle?
A claim with minor injuries and clear fault can settle within a few months of your recovery. Serious injuries, disputed fault or a lawsuit can push it past a year, sometimes several. Most of the wait is usually for your medical picture to become clear.
Should I accept the insurance company's first offer?
Usually not straight away. First offers tend to be low and often come before the full cost of your injury is known. Compare it with your documented losses and future needs, and remember that accepting ends the claim for good.
Do most injury claims go to court?
No. Most settle through negotiation with the insurer, and many cases that do start in court still settle before trial. Starting a lawsuit is often what protects your deadline and moves a stalled negotiation forward.
When should I send a demand letter?
Usually once you've finished treatment or reached maximum medical improvement, so the figure reflects your real losses. If the limitation deadline is getting close, the timing may need to change, and a lawyer can help you decide.