How do I file a third-party claim directly with the at-fault driver's insurance company after an accident in California?

To file a third-party claim, you must notify the at-fault driver's insurance company of the accident, provide them with evidence supporting your claim, and negotiate a settlement for your damages. Here is a step-by-step guide to the process in California. Step 1: Open a Claim Immediately contact the at-fault driver's insurance company to report the accident and open a claim. You can get their insurance information from the police report or from the driver at the scene. The insurer will assign you a claim number and an adjuster. Keep this information for all future communications. Step 2: Collect and Submit Evidence Gather all documents related to the accident. This includes the police report, photos of the vehicle damage and accident scene, and contact information for any witnesses. Provide these to the insurance adjuster. Do not provide opinions about fault, only facts. Step 3: Document Your Damages Keep detailed records of all your losses. For property damage, get at least two repair estimates from reputable body shops. If you need a rental car, keep all receipts. For personal injuries, collect all medical bills, records, and proof of any lost wages from missing work. Step 4: Cooperate with the Investigation The adjuster will investigate to determine fault and the value of your claim. They will inspect your vehicle and may request a recorded statement. You are not required to provide a recorded statement, and it is often wise to decline until you have spoken with an attorney. Stick to providing factual documents and information. Step 5: Negotiate a Settlement Once the insurer completes its investigation, it will extend a settlement offer. Under California Code of Regulations, Title 10 § 2695.7, they must act in good faith and attempt a prompt, fair, and equitable settlement. If the initial offer is too low, you can present a counter-offer with evidence supporting your higher valuation. Important considerations: The statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident, per California Code of Civil Procedure § 335.1. The insurance company knows this deadline, which can influence negotiations. Note: The at-fault driver's insurance company's responsibility is to their own client, not to you. They may try to minimize your payout. California Insurance Code § 790.03(h) outlines unfair practices, such as not attempting a good faith settlement when liability is reasonably clear. This is general information and does not constitute legal advice. For complex situations, particularly those involving serious injuries or where the other party disputes fault, you should consult with a qualified California attorney.