Daniel Carter | May 23, 2025 | Personal Injury
If you’ve been involved in a car accident in California and need to file a claim with Allstate, you may be wondering where to start and how to protect your rights. While insurance companies like Allstate aim to streamline the claims process, navigating the system can still be challenging, especially if you’ve suffered injuries or are unsure about your legal options.
Step 1: Ensure Everyone’s Safety and Report the Accident
Your first priority after any accident should be safety. Move your vehicle out of traffic, check for injuries, and call 911 if anyone needs immediate medical attention.
In California, any driver involved in an accident that causes injury or death must report the incident to the California Highway Patrol or the local police within 24 hours. You are also required to file a report with the DMV within 10 days if the accident caused injury, death, or more than $1,000 in property damage.
Promptly reporting the accident will also create documentation that may support your insurance claim.
Step 2: Gather Evidence at the Scene
Whether you are filing with Allstate or another insurer, evidence is key. If you are physically able, collect the following:
- Photos of the vehicles, damage, and the accident scene
- Contact and insurance information for the other driver(s)
- Witness names and phone numbers
- A copy of the police report (or the report number)
Having detailed evidence can protect your claim if there is any dispute over fault or damages later on.
Step 3: Notify Allstate and File Your Claim
To start your claim with Allstate, you can:
- Call Allstate’s 24/7 claims line at 1-800-ALLSTATE (1-800-255-7828)
- File online through Allstate’s website
- Use the Allstate mobile app
When filing your claim, you’ll be asked to provide:
- Your Allstate policy number (if you are the policyholder)
- The date, time, and location of the accident
- Description of what happened
- Names and insurance details of the other parties involved
- The police report number (if available)
Once submitted, an Allstate claims adjuster will be assigned to investigate the accident, evaluate damages, and determine how much compensation, if any, will be offered.
Step 4: Understand Fault and Comparative Negligence
California is a pure comparative negligence state, which means you can still recover damages even if you were partially at fault for the accident. This rule means a person is responsible for injuries caused by their own negligence, but compensation is reduced by the percentage of fault assigned to them. For example, if you are awarded $10,000 in damages but are found 20% at fault, your final recovery would be $8,000.
Allstate’s adjusters will conduct their own investigation and may try to assign some fault to you, even if you believe the other driver was clearly responsible. This is where working with a personal injury attorney can help protect your interests and push back on unfair fault assessments.
Step 5: Review the Settlement Offer Carefully
Once Allstate completes its investigation, the adjuster may offer you a settlement. While it may be tempting to accept a quick payout, it’s crucial to review the offer carefully. Insurance companies often attempt to settle quickly and for as little as possible.
Before accepting:
- Review all medical expenses, including future treatment
- Consider lost wages or diminished earning capacity
- Account for pain and suffering
If the offer seems too low, you have the right to negotiate or file a lawsuit. Having legal representation significantly strengthens your position during these negotiations.
Step 6: Consult a California Personal Injury Attorney
Dealing with Allstate after a car accident can be overwhelming, especially when you’re injured or unsure how to assert your rights. An experienced personal injury attorney can:
- Evaluate the true value of your claim
- Handle communications with Allstate
- Gather additional evidence to support your case
- Negotiate aggressively to ensure a fair settlement
- File a lawsuit if necessary
Many car accident victims don’t realize they’re entitled to more compensation than what’s initially offered — and once you accept a settlement, you typically waive your right to pursue additional damages.
Visit Our Personal Injury Law Firm in Fresno, CA
Carter Law Group
2445 Capitol St #105, Fresno, CA 93721, United States
(559) 485-1212
