Disputes & getting help

What are my rights after a crash?

You choose your repair shop

The insurer paying the bill does not get to pick the shop by default. In most states, where your car is repaired is your choice, and an insurer's preferred or network list is an offer — sometimes a convenient one, with billing handled directly — not a requirement. An insurer can steer, suggest, and warn that it will only pay based on its own estimate, but steering is not the same as choosing for you.

The honest caveat is price: an insurer typically pays according to its estimate of reasonable repair cost, and if your chosen shop's price is higher, that gap becomes a conversation about estimates and supplements, not about your right to be there. The full picture is in the guide to choosing a body shop that is not on the insurer's preferred list.

You can see the paperwork

An offer you cannot inspect is an offer you cannot check. You can ask to see the documents a decision rests on: the repair estimate, any approvals or denials of shop work, and, for a total loss, the valuation report that produced the number — the comparable vehicles, the condition adjustments, the math. Adjusters work from these documents every day; asking for them is normal, not confrontational.

Seeing the paperwork is what turns a vague feeling of being lowballed into specific, fixable points: a comparable that is not really comparable, an option your car has that the report missed, a line of damage left off the estimate. The guide to reading a CCC valuation report walks through the document insurers most often use for total loss values.

You can dispute and escalate

A claim decision is an opening position, not a ruling. You can ask for the reasons in writing, send your own evidence and ask for a re-evaluation, and escalate to a supervisor when the adjuster's answer does not hold up. Beyond the insurer, you can file a complaint with your state insurance department — departments track complaints and can press on unreasonable delays and denials — and, for a value disagreement with your own insurer, check whether your policy provides an appraisal clause.

None of these steps requires permission from the insurer you are disputing. The sequence, in order, is laid out in the guide to disputing or appealing a claim decision. What makes escalation work is the same thing that makes the first ask work: everything in writing, with documents attached.

You can claim rental or loss of use where it is owed

Being without your car is itself a loss, and it is often covered separately from the repair. If another driver was at fault, the cost of a rental — or compensation for the loss of use of your car if you do not rent one — generally belongs to your claim against that driver. If you are claiming under your own policy, rental depends on whether you bought rental reimbursement coverage, and on its limits.

Ask early, because rental questions get harder to fix after the repair is finished and the bills are old. What is owed, and how loss of use is figured, is covered in the guide to getting a rental car and what loss of use means.

You can take time before statements and releases

You do not have to perform on the insurer's schedule. You generally owe the other driver's insurer no recorded statement at all, and you can decline one, or take time and prepare before giving one to any insurer — reviewing what actually happened and what your documents say, rather than guessing under pressure. The first hours matter most here, and the guide to what to do and document right after a crash covers that window.

The counterpart: your duties to your own insurer

Rights and duties arrive together, and the duties run to your own insurer, because your policy is a contract with obligations on both sides. Typically, your policy requires you to report a crash promptly, to be honest in everything you submit, and to cooperate with your insurer's investigation — which can include giving a statement, making the car available for inspection, and sending documents they reasonably ask for.

Notice the split that runs through this whole page: toward the other driver's insurer, you are a claimant with rights and almost no duties. Toward your own insurer, you hold rights under the policy and owe duties under it at the same time. Keeping those two relationships straight — who you must cooperate with, and who you need not — prevents most early mistakes.

Frequently asked questions

Can the insurer make me use their body shop?

Generally, no. In most states you choose where your car is repaired, and an insurer's preferred or network shop is an offer, not a requirement. An insurer can still base what it pays on its own estimate, so a shop choice can come with a price conversation — but the choice of shop is yours.

Do I have to give a recorded statement?

It depends on whose insurer is asking. You generally owe the other driver's insurer no recorded statement, and you can decline or take time before giving one. Your own insurer is different: most policies require your cooperation, which can include a statement. Read your policy, and prepare before any statement you do give.

Can I refuse a settlement offer?

Yes. A settlement offer is an offer, and you can refuse it and counter with your evidence. What you generally cannot do is rewrite its terms on your own and call it accepted — and signing a release usually ends the claim it covers, so do not sign until you mean to settle.

What if I disagree with the fault decision?

Say so in writing, and support your version with the evidence: photos, the police report if one exists, witness details, and anything else that records how the crash happened. Ask the insurer for its fault reasoning in writing. Fault rules, and how shared fault affects payment, vary by state.