What happens when a claim is filed against you?
Asked by: Vince Jacobs | Last update: January 15, 2026Score: 4.5/5 (24 votes)
Once the other party files their claim, your insurance company will have their insurance adjusters speak to you, investigate the accident, and handle the entire claims process from thereon.
What does it mean to have a claim filed against you?
A claim is a legal demand for compensation. In the personal injury context, a claim is a demand by an injured person for compensation from someone who is legally liable for the injury. This party is usually the party that caused the injury.
What happens if someone files an insurance claim against you?
If you receive a car insurance claim against you, there is a good chance that your auto insurance premiums will be affected. This is common practice among car insurance companies. Your auto insurance premiums may go up, even if a false claim is filed against you.
What happens after a claim is filed?
The insurance company will assign an adjuster to your case. This adjuster will investigate what happened and determine if they believe you suffered a covered event. In the case of a liability claim, they will also decide who they believe is liable for the accident that caused your injuries.
What happens when someone makes a claim on you?
What happens if an insurance claim is made against you? If your car insurance pays out because of a claim made by someone else, your premiums might increase. Also, your clean driving record might not look so pristine anymore. Most insurers keep track of your driving mishaps using a points system.
What Happens After You File an Insurance Claim?
What should you not say in a claim?
- “I'm sorry.”
- “It was all/partly my fault.”
- “I did not see the other person/driver.”
Can an insurance company settle a claim without my consent?
As a result, most insurers write a contractual provision into the policy that only allows the insurer to settle a claim if it has the insured's, typically written, consent.
How long do claims stay on your record?
Typically, the DMV will hold onto these records for around 3 years, but this can go up to 10 years if the accident involves a commercial vehicle. This 3-year countdown also starts on the day that the accident occurred.
How long should a claim take to settle?
The length of time a case takes to settle a personal injury claim can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high-value cases can take longer to settle.
What comes after a claim?
After the claim has been reported, it will need to be investigated by an adjuster to determine the amount of loss or damages covered by your insurance policy. The adjuster will also identify any liable parties, and you can help the process by providing any witness information or other parties' contact information.
How to fight an insurance claim against you?
Submit a Claims Appeal Letter to the Insurance Company
This letter should explain why you believe the claim was incorrectly denied and include evidence to prove your argument. Evidence you should send with the appeals letter includes photos, videos, medical records, and witness testimony.
What happens when someone sues your insurance after an accident?
Your insurance policy likely includes a clause requiring you to notify them immediately of any legal action taken against you. For this reason, as soon as you receive notice of a lawsuit, inform your insurance company. They will assign an adjuster to your car accident case who will help you throughout the process.
Can an insurance company investigate a claim?
Being investigated by your insurance company can be a daunting experience, but it is a standard procedure designed to ensure the legitimacy of claims and protect against fraud.
What happens when someone files an insurance claim against me?
Once the other party files their claim, your insurance company will have their insurance adjusters speak to you, investigate the accident, and handle the entire claims process from thereon.
What happens if you don't respond to a claim?
When a claim is left unaddressed, it may lead to the insurance company assuming that you're at fault. This could result in you paying higher amounts than if you had addressed the claim promptly. Not responding to a claim can be seen as a breach of your insurance contract. This can lead to legal actions against you.
Is an insurance claim the same as suing?
Insurance Claim vs. Lawsuit. If you've been injured in a car accident in California, you may wonder whether to pursue an insurance claim or file a lawsuit. While claims are often resolved faster, lawsuits provide tools like discovery and mediation that can strengthen your case.
What is the longest a settlement can take?
What is the longest a settlement can take? The duration of a personal injury settlement can vary dramatically, with complex cases potentially taking several years to resolve, though there's technically no absolute maximum time limit beyond the statute of limitations.
How long does it take to get money after claim settled?
How many days will it take for EPF claim settlement? In online mode, it takes 5-30 days and in offline mode, it takes 20-30 days to get the money into the account. Once EPF settles the account the EPF site shows the message about the account being settled with the date of NEFT amount.
How often do car accident cases go to court?
Out of those 30,000 cases, California courts have decided approximately 700 of the 30,000 or so major car accident cases filed each year. This means that approximately 2% of personal injury claims from car accident cases actually go to trial, where they are decided by a judge or a jury.
How long do insurance companies hold claims against you?
How far back they look depends on the particular company, but claims tend to stay on your insurance claims history report for five to seven years.
How will a claim affect my insurance?
Filing an insurance claim can have long-term ramifications, such as a hike in your premium or difficulty in switching providers in the future. Certain types of claims, such as dog bites or slip-and-fall incidents, can have a significant impact on your rates and may even disqualify you from coverage with some carriers.
Can insurance company force you to settle?
According to most policies, however, the insurance company totally controls the right to settle; the policyholder has no rights and cannot negotiate with the plaintiff.
What happens if you don't accept an insurance settlement?
However, refusing a settlement offer does extend the life of your claim and delays when you receive compensation. If you have pressing medical bills or other expenses, this is a factor to consider. You'll also need to invest more time and energy into your case, including providing more documentation of your damages.
Can an insurance company sue me personally?
Insurance companies sometimes sue their insured when there are disputes about coverage. An insurance policy is a contract, so courts can be asked to resolve contractual disputes when coverage issues exist.