Accident Claim Lawyers
InsuranceUpdated September 2026

What is a claim?

In plain English: a claim is a formal request for payment. After an accident, you make a claim either to an insurance company, under a policy, or against the person or business responsible for your injuries. Most injury claims are paid by insurers, even when they're made against an individual.

First-party and third-party claims

A first-party claim is one you make on your own insurance: collision cover for your car, no-fault benefits or PIP for medical bills, or uninsured motorist cover. Your policy sets the rules and the insurer owes you a duty to handle it fairly.

A third-party claim is one you make against someone else's insurance because they caused the accident. You're not their customer, so you have to prove they were at fault and prove your losses. Many people have both running at once after a car crash.

A claim is not a lawsuit

Making a claim doesn't mean going to court. Most claims are negotiated and settled with an insurer without any court case. A lawsuit is a separate step, taken if the claim can't be resolved or a deadline is approaching. The limitation period applies to starting court proceedings, not to just having an open claim with an insurer.

How a typical injury claim moves

  1. Notification. You report the accident to your own insurer and to the at-fault party's insurer. Your policy may require prompt notice even if you weren't at fault.
  2. Claim opened. You get a claim number and an adjuster.
  3. Investigation. The insurer looks at liability: statements, photos, police reports.
  4. Treatment and documentation. You keep records of medical care, time off work and expenses.
  5. Demand. Once your recovery is clearer, you or your lawyer set out your losses and ask for a figure.
  6. Negotiation and settlement. Offers go back and forth. If you agree, you sign a release and get paid.

In England and Wales, lower-value road traffic injury claims usually start through the Official Injury Claim portal, and other injury claims follow court pre-action protocols. Canadian provinces have their own accident benefits forms and deadlines.

What makes a claim stronger

  • Reporting the accident promptly and getting medical care early
  • Keeping every bill, receipt, letter and email in one place
  • Consistent descriptions of what happened and how you're affected
  • Not settling until you understand your long-term recovery
Settling ends it

A signed release usually closes the claim for good, including injuries that get worse later. Make sure you know your prognosis first.

Next: first-party claims · insurance claim vs lawsuit · claims process hub.

Related terms

Diminished ValueDiminished value is the drop in your car's resale price because it now has an accident history, even after it has been properly repaired.ExclusionAn exclusion is a clause in an insurance policy that removes certain people, vehicles, activities or losses from cover, even though they might otherwise seem to fall within it.First-Party ClaimA first-party claim is one you make under your own insurance policy, such as collision, medical payments, no-fault or uninsured motorist cover.Gap InsuranceGap insurance pays some or all of the difference between what your car insurer pays for a written-off car and what you still owe on the loan or lease, or in some versions, what you originally paid.

General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer