How to File a Claim With State Farm When Their Driver Hit You (California)
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
How to File a Claim With State Farm When Their Driver Hit You (California)
If a State Farm driver hit you, you file a third-party claim against that driver's liability policy, either through the non-customer claim option on State Farm's claims website or by phone, using the driver's name, the policy number from the scene, and the date and place of the crash. State Farm then assigns an adjuster, and under the claim-handling rules California imposes on insurers it must acknowledge your claim within 15 calendar days and accept or deny it within 40 calendar days after it receives proof of your claim.
This guide walks through each step, explains what a third-party claim is and how it differs from using your own coverage, what to say and not say to the other driver's adjuster, how long the process takes, and what you can do if State Farm says no. It is general information for people in California, written by a personal injury firm that is not affiliated with State Farm. If you were hurt and want to talk through your claim, you can reach Cefali & Cefali for a free consultation at (949) 325-7790.
How do I file a claim with State Farm if their driver hit me?
Open a claim in the at-fault driver's name as soon as you can, give State Farm the basic facts of the crash, and then send proof of your losses so the adjuster can decide liability. You do not need to be a State Farm customer, and you do not need the other driver's permission to report the claim.
Collect the driver's insurance details at the scene.Vehicle Code section 16025 requires drivers in a crash to exchange names, addresses, driver's license numbers, vehicle registration, and the insurance company and policy number. A photo of the other driver's insurance card is the easiest record.
Open the claim with State Farm. State Farm's claims page has a separate option for people who are not State Farm customers, and you can also report by phone using the claims number listed there. Tell them you are a third-party claimant and give the policyholder's name and policy number if you have them.
Write down the claim number and the adjuster's name. Every later call, email, and letter should reference that claim number, and you should keep notes of who you spoke with and when.
Send proof of the claim. Photos of the vehicles and the scene, the police report number, repair estimates, medical bills, and records of missed work show State Farm what happened and what it cost. The 40-day decision clock in California's claim rules runs from State Farm's receipt of proof of claim, so sending complete documents early helps.
Keep treating and keep records. Follow your doctor's plan and save every bill, receipt, and work note. Gaps in treatment are one of the first things an adjuster points to when valuing an injury claim.
Do not sign a release until your claim is fully valued. A signed release ends the claim for good, even if an injury turns out to be worse than it first looked.
What to have ready
Why it matters
Policyholder's name and policy number
Lets State Farm find the right policy and open the claim quickly
Date, time, and exact location of the crash
Ties the claim to the police report and any camera footage
Police or CHP report number
An officer's report is often the first evidence an adjuster reviews on fault
Photos of the vehicles, scene, and injuries
Shows impact points, road conditions, and visible harm before repairs
Witness names and phone numbers
Independent accounts carry weight when fault is disputed
Repair estimate and rental receipts
Supports the property damage part of the claim
Medical bills and proof of missed work
Supports the injury part of the claim once treatment is underway
What is a State Farm third-party claim?
A State Farm third-party claim is a claim you make against another driver's State Farm liability coverage when that driver caused your crash. You are the "third party" because you are not part of the insurance contract between State Farm and its customer, and California's claim regulations define a third-party claimant as anyone asserting a claim against a person or interest insured under a policy, in 10 CCR section 2695.2.
The claim draws on two parts of the at-fault driver's policy: bodily injury liability, which pays for your injuries, and property damage liability, which pays for your vehicle and belongings, each up to the policy limits. California's legal minimum is $30,000 per injured person, $60,000 per crash, and $15,000 in property damage coverage, set by Vehicle Code section 16056, and many drivers carry more. Our guide to third-party liability insurance explains how these coverages work.
Third-party claim (State Farm)
Claim on your own policy
Whose coverage pays
The at-fault driver's liability coverage
Your collision, MedPay, or uninsured motorist coverage
Fault
State Farm must accept that its driver was at fault
Collision and MedPay pay without proving the other driver's fault
Deductible
None
Your deductible applies, often recoverable later through your insurer
Pain and suffering
Can be included
Not paid under collision or MedPay
Speed
Can slow down if fault is disputed
Often faster for vehicle repairs
You can use both. Many people let their own collision coverage handle repairs right away while the injury claim proceeds against the State Farm policy, and their insurer then seeks repayment from State Farm. If the at-fault driver's limits are too low to cover your losses, your own underinsured motorist coverage may pay the difference.
Should I talk to the other driver's insurance company?
Yes, enough to open the claim and confirm the basic facts, but you have no obligation to record a statement for State Farm, and a broad medical authorization or any release should wait. The adjuster works for State Farm and its customer, and what you say on the first call can be used to argue fault or reduce the value of your injuries.
Safe to share:
Your name and contact information, and your own insurer's details.
The date, time, and location of the crash, and the police report number.
That you are getting medical care, without guessing about how serious your injuries are.
Photos, repair estimates, and bills when you are ready to document the claim.
Better to decline or delay:
A recorded statement. No California law requires a third-party claimant to give one to the other driver's insurer. A written summary or a statement through your lawyer is usually enough.
A blanket medical authorization. A form that releases all of your medical history lets the adjuster search for older conditions to blame. Under Civil Code section 56.11, a valid authorization must describe which records it covers and when it expires, so you can limit it to treatment related to the crash.
Opinions on fault or your recovery. Statements like "I didn't see them" or "I'm fine" are easy to take out of context.
A quick settlement offer. An early check before you finish treatment rarely reflects the full cost of an injury.
California sets outer limits: State Farm must acknowledge a claim within 15 calendar days, accept or deny it within 40 calendar days after receiving proof of claim, and pay within 30 calendar days of accepting it. A simple vehicle claim can wrap up in a few weeks, while an injury claim usually takes months, because it cannot be valued until treatment is finished.
Step
Deadline
Regulation
Acknowledge the claim, send forms, and begin investigating
15 calendar days after notice of claim
10 CCR 2695.5(e)
Respond to your letters or emails that call for a reply
15 calendar days
10 CCR 2695.5(b)
Accept or deny the claim
40 calendar days after proof of claim
10 CCR 2695.7(b)
If it needs more time, explain why in writing
Within the 40 days, then every 30 days
10 CCR 2695.7(c)(1)
Pay an accepted claim
30 calendar days after acceptance
10 CCR 2695.7(h)
These deadlines govern how State Farm handles your claim; they are not deadlines for you. Your own lawsuit deadline is the one to watch: two years after the collision for an injury claim (Code of Civil Procedure section 335.1) and three years when only your vehicle was damaged (Code of Civil Procedure section 338). Negotiations with State Farm do not pause that clock. Our guide to how long a car insurance claim takes in California covers the factors that speed claims up or slow them down.
What if State Farm denies or lowballs your claim?
Ask for the reasons in writing, answer them with evidence, and keep the lawsuit deadline in view. A denial is often a dispute about fault, and fault can be shared: since Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, California has let a partly at-fault driver collect a reduced amount, as explained in our guide to pure comparative fault.
Send a demand. A written demand that lays out fault, injuries, bills, and lost income gives the adjuster a clear number to respond to. See our personal injury demand letter guide.
Complain to the regulator. The California Department of Insurance takes complaints about claim handling, including missed deadlines.
Understand the limits of a bad faith claim. In Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287, the California Supreme Court held that a third-party claimant cannot sue the other driver's insurer for unfair claims practices under Insurance Code section 790.03. Your legal claim is against the at-fault driver, whom State Farm then defends. Our overview of bad faith claims in California covers when policyholders can sue their own insurers.
File suit before the deadline if needed. When an insurer refuses a reasonable settlement, a lawsuit against its driver is how the claim moves forward. If you do not have a lawyer, 10 CCR section 2695.7(f) requires the insurer to give you written notice of any time limit it may rely on to deny the claim.
Your rights on repairs and a rental car
State Farm cannot make you use a particular body shop. Insurance Code section 758.5 bars insurers from requiring repairs at a specific shop, and it protects third-party claimants as well as policyholders. You can get your own estimate, and if fault is accepted you can also claim the reasonable cost of a rental or the loss of use of your car while it is being repaired.
Will a claim against State Farm raise my insurance rates?
A third-party claim is paid from the other driver's policy, not yours. California allows insurers to surcharge a driver only for accidents in which that driver was principally at fault, under 10 CCR section 2632.13, so a crash caused by a State Farm driver should not count against your own premium. For the other side of the rating rules, see how much car insurance goes up after an accident, which covers surcharges when you caused the crash.
When to bring in a lawyer
A simple property damage claim is often manageable on your own. Legal help tends to pay off when someone was injured, when State Farm disputes fault, when the adjuster presses for a recorded statement or full medical history, or when your losses may exceed the policy limits. A lawyer can take over all contact with the adjuster, gather the evidence, value future medical care and lost income, and file suit before the deadline if the claim does not settle.
State Farm third-party claim FAQs
How do I file a claim with State Farm if their driver hit me?
Use the non-customer claim option on State Farm's claims website or report the claim by phone, giving the at-fault driver's name, policy number, and the crash date and location. Write down your claim number, then send photos, the police report number, repair estimates, and medical bills as proof of claim.
What is a State Farm third-party claim?
It is a claim against another driver's State Farm liability coverage for a crash that driver caused. You are the third party because you are not part of the insurance contract. The claim can cover your medical bills, lost income, pain and suffering, and vehicle damage up to the policy limits.
Should I talk to the other driver's insurance company?
Yes, enough to open the claim and confirm basic facts. A recorded statement is optional, any medical authorization can be limited to crash-related records, and a release should wait until your injuries are fully valued.
How long does State Farm take?
Under California regulations, State Farm must acknowledge a claim within 15 calendar days, accept or deny it within 40 calendar days after receiving proof of claim, and pay within 30 calendar days of acceptance. Vehicle claims often finish in weeks; injury claims usually take months.
Can I file a claim with State Farm if I am not a State Farm customer?
Yes. Anyone hurt or whose property was damaged by a State Farm driver can file a third-party claim. State Farm's claims website has a separate option for non-customers.
Can I sue State Farm directly if it handles my claim unfairly?
Generally no. Under Moradi-Shalal v. Fireman's Fund Ins. Companies (1988), a third-party claimant cannot sue the other driver's insurer for unfair claims practices. You can complain to the California Department of Insurance and sue the at-fault driver, whom the insurer defends.
Talk to a lawyer about your State Farm claim
If you were injured by a State Farm driver and the claim is stalling, being denied, or valued too low, Cefali & Cefali can handle the adjuster, build the evidence, and pursue full compensation from the at-fault driver's coverage. There is no fee unless we recover. Call (949) 325-7790 or tell us about the crash through our online form.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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