How Insurance Claims Work When Someone Hits Your Car

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Last Updated: October 8, 2026

How Do Car Insurance Claims Work When Someone Hits Your Car?

When someone hits your car, you file a car insurance claim with either your own insurer or the at-fault driver's insurer, and that choice shapes everything that follows. Total-loss frequency hit 23.1% of claims, a new industry high, according to [CCC Intelligent Solutions' Crash Course 2026 Report](https://www.cccis.com/reports/crash-course-2026). The same report found average paid bodily-injury claim severity rose 10.3% year over year. Those numbers matter because they show insurers are paying more per claim, and they fight harder over fault.

At Cummings Law Car Accident & Personal Injury Lawyers, we advocate for victims across Middle Tennessee. Below, we break down both claim routes, the timeline, and what to do when the other driver stalls or lies.

A driver standing beside a dented sedan on a roadside shoulder at dusk, holding a smartphone and insurance card, with a police officer writing notes on a clipboard in the background
A driver standing beside a dented sedan on a roadside shoulder at dusk, holding a smartphone and insurance card, with a police officer writing notes on a clipboard in the background

First-Party vs. Third-Party Claims: What's the Difference?

A first-party claim goes through your own policy. A third-party claim goes through the other driver's policy.

That single distinction decides your deductible, your wait time, and who negotiates for you.

  • First-party claim: You file with your insurer under collision coverage or uninsured motorist coverage. You pay your deductible upfront, and your insurer may seek reimbursement from the other driver later.
  • Third-party claim: You file directly with the at-fault driver's liability coverage. You pay nothing upfront, but you have no contract with that insurer, so it owes you nothing until fault is settled.

The catch most people miss: your insurer has a duty to you. The other driver's insurer does not. It answers to its own policyholder.

Factor First-Party Claim Third-Party Claim
Who you file with Your insurer At-fault driver's insurer
Deductible You pay it upfront None
Repair speed Usually faster Often delayed
Fault disputes Handled by your insurer You handle them
Risk to premiums Possible increase No effect on your policy

Step-by-Step Claim Timeline

Most claims move through six stages, and knowing them helps you spot delays early.

  1. Report the accident. Call police and notify your insurer, often within days.
  2. Open the claim. Your insurer assigns a claim adjuster and a claim number.
  3. Submit documentation. Photos, the police report, repair estimates, and medical records.
  4. Insurance investigation. The adjuster reviews fault determination and damage.
  5. Repair authorization. The insurer approves a shop and a repair estimate.
  6. Settlement. The insurer pays the shop, you, or your medical providers.

A typical timeline runs from a few weeks to several months. Injury claims take longer than property damage claims.

Pro Tip
Ask for the claim number and the adjuster's direct line on day one. Emailing your adjuster instead of calling creates a written record you can use later if the claim stalls.

Should I File a Claim With My Insurance If Someone Hit My Car?

File with your own insurer if the other driver is uninsured, underinsured, fleeing the scene, or disputing fault. Your policy is the faster, more reliable route in those cases.

Here is when filing first-party makes sense:

  • The other driver has no insurance or too little liability coverage
  • The other driver fled the scene
  • Fault is unclear and you need repairs now
  • The other insurer is slow or unresponsive

Filing with your own insurer is not an admission of fault. It is a contract benefit you already pay for.

Now the honest downside. A first-party claim can raise your premium, depending on your policy terms and your state's rules. A third-party claim through the at-fault driver's policy usually will not touch your rates.

Watch Out
Never accept a quick settlement before your injuries are fully diagnosed. Once you sign a release, you cannot reopen the claim, even if medical bills arrive months later.

What to Do After Someone Hits Your Parked Car

A hit-and-run or a parking lot strike follows the same basic steps as any crash, minus the other driver.

Do this in order:

  • Photograph all vehicle damage from multiple angles
  • Capture the other car's plate, make, and model if it is still there
  • Look for witnesses and ask for names and phone numbers
  • Check nearby businesses for security camera footage
  • Call police and file an accident report
  • Notify your insurer the same day

If the driver left, your uninsured motorist coverage or collision coverage typically pays for vehicle repairs. You still owe your deductible unless your policy states otherwise.

Filing a Hit-and-Run Insurance Claim

A hit-and-run insurance claim runs through your own policy, usually under uninsured motorist coverage or collision coverage. That is the key difference from a standard crash: there is no other insurer to pursue, so your own policy is the only route unless the driver is later identified. (Source: National Highway Traffic Safety Administration (NHTSA) data)

Which coverage pays depends on your policy and your state's rules:

  • Uninsured motorist (UM) coverage typically applies when the at-fault driver cannot be identified or has no insurance. Some states require insurers to offer it, and some allow you to reject it in writing. UM often covers bodily injury, and in many states it can also cover property damage, sometimes with a separate deductible.
  • Collision coverage pays for damage to your vehicle regardless of fault, but you owe your deductible. If the hit-and-run driver is later found and has insurance, your insurer may seek reimbursement and may refund your deductible.
  • Medical payments (MedPay) or personal injury protection (PIP) can cover medical bills after a hit-and-run, depending on your policy and your state.

If you do not have UM or collision coverage, you may have no first-party route for the vehicle damage, which is why the police report and any evidence of the other driver matter so much.

The police report is the backbone of this claim. Insurers want proof that you reported the accident and that the other driver truly left. Without it, the claim gets scrutinized harder, and some insurers will deny a hit-and-run claim that was never reported.

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Gather everything you can:

  • The police report number and the responding officer's name
  • Photos of the damage, the scene, and any paint transfer or debris
  • Witness names and phone numbers
  • Security camera footage from nearby businesses, requested quickly before it is overwritten
  • Repair estimates from a licensed shop
  • Medical records if you were injured

A common pattern is that the insurer asks for a recorded statement and a proof-of-loss form. Read the form carefully, answer only what is asked, and keep a copy. If the insurer denies the claim, ask for the denial in writing and cite the specific policy language it relied on.

State law matters here. Most states require drivers to stop and exchange information after a crash, and leaving the scene can carry criminal penalties. Reporting rules and claim deadlines vary, so check your state's requirements for how quickly a crash must be reported and how long you have to file a claim.

If the driver is later identified, the claim can shift. Your insurer may pursue the at-fault driver or their insurer for reimbursement, and you may be able to pursue a third-party claim for injuries and out-of-pocket costs. A lawyer can help you preserve evidence, deal with the adjuster, and press for compensation if the insurer undervalues the claim.

Watch Out
Do not wait to report a hit-and-run. Evidence like camera footage and witness memories fades fast, and insurers treat late-reported claims with more suspicion.

How Long Does a Car Insurance Claim Take?

A car insurance claim usually takes two to six weeks for property damage and several months for injury claims. The clock starts when you file and depends on how fast fault is settled.

Speed depends on four things:

  • Whether fault is disputed
  • Whether injuries are involved
  • How fast the adjuster gets your documents
  • Whether the car is a total loss

Total-loss claims take longer because the insurer must value the vehicle, and you can challenge a low offer. Injury claims take longest because treatment and medical records take time to complete.

Key Takeaway
The single biggest delay in most claims is missing paperwork. Send every document the adjuster requests within 48 hours and keep a copy of each one.

What to Do When the Other Driver Disputes Fault or Stops Responding

When the other driver disputes fault or goes silent, stop negotiating with them directly and let the evidence and your insurer carry the claim.

Do these three things:

  1. Preserve evidence now. Get the police report, witness statements, and any dashcam or security footage before it is deleted.
  2. Notify your insurer in writing. Report that the other driver is unresponsive or disputing fault.
  3. Talk to a lawyer before you give a recorded statement to the other driver's insurer.

A disputed-fault claim often comes down to evidence quality. A police report that names the other driver as at fault carries real weight. So do photos, skid marks, and witness accounts.

If the other insurer denies your claim, you have options: appeal the denial, file through your own collision coverage, or pursue the at-fault driver directly. A claim denial is not the end of the road.

This is where a lawyer changes the math. Cummings Law operates on a contingency fee basis, so you pay no fees unless we win. We have recovered over $47,000,000.00 for clients, and we negotiate directly with insurers so you are not fighting a claims adjuster alone. If you are in Middle Tennessee and the other driver has gone quiet, the Tennessee Department of Safety & Homeland Security keeps the crash report process and reporting rules you will need.


A disputed claim, a silent driver, or a lowball offer can leave you covering repair costs, medical bills, and lost wages on your own. Cummings Law Car Accident & Personal Injury Lawyers fights these battles every day, with no upfront cost and no fee unless we win. We protect your rights under Tennessee law, negotiate with the insurance companies, and pursue compensation for your medical expenses, lost wages, and property damage. Get started with Cummings Law and let us take the claim fight off your plate.

Frequently Asked Questions

Should I file a claim with my insurance if someone hit my car?

You can file with your own insurer or the at-fault driver's insurer. Filing with your own carrier under collision coverage typically gets your car repaired faster, but you pay your deductible upfront and your insurer may seek reimbursement from the other driver later. Filing with the at-fault driver's insurer avoids your deductible but often takes longer and depends on their cooperation. The right choice depends on fault, coverage, and how quickly you need your vehicle back.

What happens if the driver who hit my car is uninsured or leaves the scene?

If the at-fault driver is uninsured or flees, your uninsured motorist coverage and collision coverage become the primary options. Uninsured motorist coverage is designed for exactly this situation and may cover injuries and property damage. For a hit-and-run, report the accident to police as soon as possible and file a hit-and-run insurance claim with your own insurer. Documentation from the scene, including photos and witness information, strengthens your claim.

How long does a car insurance claim take to resolve?

Timelines vary widely based on fault disputes, coverage limits, and investigation complexity. A straightforward claim with clear fault and cooperative insurers may resolve in a few weeks. Claims involving disputed liability, uninsured drivers, or total-loss valuations can take months. Under Tennessee law, you generally have one year from the date of a personal injury accident to file a lawsuit, so consult an attorney if your claim stalls.

Can I get my car repaired while an insurance claim is pending?

Yes, but you need repair authorization from the insurer first. If you use your own collision coverage, your insurer typically pays the shop directly minus your deductible. If you wait for the at-fault driver's insurer, they must approve the repair estimate before work begins. Getting repairs done without authorization risks the insurer denying or reducing reimbursement. Keep all estimates, photos, and receipts to support your claim.

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Cummings Law Car Accident & Personal Injury Lawyers Address: 4235 Hillsboro Pike #300, Nashville, TN 37215

Phone: 615-241-2000
Business Hours: Open 24/7
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