The other driver has State Farm. How do I open a claim, and what should I know first?

Another driver caused the crash, you were hurt, and that driver is insured by State Farm. Here is how State Farm’s own pages say a person who is not its customer opens a claim, and what the law of California, Texas and Washington says about that call.

Attorney review in progressLast updated

Sources checked

The short version

  • This page is for a person hurt in a crash in California, Texas or Washington that another driver caused, when that driver is insured by State Farm. It is not for a driver who caused the crash. If you are a State Farm policyholder with a question about your own policy, your policy and your own agent govern that.
  • State Farm’s own website has a place for a person who is not its customer. Its page for tracking a claim has a choice headed “I had an incident with a State Farm customer”, with a link to begin a claim and a phone number for help, printed there as 800-SF-CLAIM (800 732-5246). That is what State Farm’s pages said on October 6, 2026. This site is not affiliated with State Farm.
  • We found no California, Texas or Washington statute or insurance regulation that requires a person to give a recorded statement to another driver’s insurer. That is not a rule that a statement is never required. This site has no verified rule either way.
  • California and Washington generally require everyone on a call to consent before it is recorded. In Texas, a person who is part of the call may record it without the other person’s consent. What you say can later be offered as evidence against you in all three states.
  • California’s general deadline to sue for an injury is two years. Texas’s is two years. Washington’s is three years for most injury claims. Some deadlines are much shorter. This page does not say what your own deadline is.

How a claim is opened with State Farm when you are not its customer

This page is for a person who was hurt in a crash that another driver caused, when that driver is insured by State Farm. If you caused the crash, this page is not for you. If you are a State Farm policyholder with a question about your own policy, your policy and your own agent govern that. The firm helps people who were hurt.

This site is not affiliated with State Farm. This part reports what State Farm’s own website said when this site read it on October 6, 2026. Each statement is set apart with the page it comes from. The rules of law further down were checked against their sources on October 3, 2026.

State Farm’s page for tracking a claim asks who you are. One of its choices is headed “I had an incident with a State Farm customer”.

State Farm, “Check Existing Claim” web page, as read on October 6, 2026

Under that heading, State Farm says that a person who has not yet filed a claim can begin the process through the link it gives there. The link leads to a page on State Farm’s own claims website.

State Farm, “Check Existing Claim” web page, as read on October 6, 2026

State Farm’s auto claims page has a link named “Claims for non-customers”. It leads to the same place on State Farm’s claims website.

State Farm, “Car Accident Claims Help” web page, as read on October 6, 2026

The same pages give a phone number.

Under the same heading, State Farm says a person who still needs help can call, and prints the number as 800-SF-CLAIM (800 732-5246).

State Farm, “Check Existing Claim” web page, as read on October 6, 2026

State Farm’s auto claims page says a claim can be filed online, with its app, or by calling a number with the same digits as the one above, and it adds the words “anytime, day or night”.

State Farm, “Car Accident Claims Help” web page, as read on October 6, 2026

That sentence is about filing a claim in general. On the pages it read, this site found no statement by State Farm on whether a person who is not its customer can file through the app, so this page does not say so.

One of those pages lists what to have ready.

State Farm’s auto claims page lists information to try to have at hand when filing an auto claim: the date and time of the incident, the vehicles involved, a description of the incident, a description of the damage, and the location of the incident.

State Farm, “Car Accident Claims Help” web page, as read on October 6, 2026

That list is on State Farm’s general page for auto claims. The questions on its online form for people who are not its customers could not be read for this page, so they are not listed here.

One more statement is about what comes after a claim is filed.

State Farm says a person who has already filed a claim against a State Farm policyholder can log in or create an account to check the status of the claim and get updates. It says to have the claim number at hand.

State Farm, “Check Existing Claim” web page, as read on October 6, 2026

A company can change its website, its phone number and its process at any time. Before you rely on any of this, look at State Farm’s own pages. Each statement above links to the page it comes from. This page does not describe what happens after a claim is opened.

What to have in front of you

These steps are practical. They are not statements of law, and they are not State Farm’s instructions. Where the law of your state bears on the call, the rule is in the next part, with its source.

  1. The basic facts of the crash

    The date, the time and the place, and the vehicles involved.

  2. What you have on the other driver

    The name, the plate number and the insurance details you wrote down at the scene, or the ones on the crash report.

  3. The report number, if an officer came

    And which agency the officer works for.

  4. Pen and paper

    Write down the date and time of each call, the name of each person you speak with, and the claim number once you have one.

  5. Find out who is on the line

    Two companies may call: your own insurer and the other driver’s insurer. Ask which one is on the line and whether the call is being recorded.

  6. Say what you saw and did

    Leave out guesses about fault and about how badly you are hurt.

If you do not have the crash report yet, see this site’s page “How do I get the crash report, and what does it tell me?”. This site’s pages “What should I do after a car accident in California?”, “What should I do after a car accident in Texas?” and “What should I do after a car accident in Washington?” have the steps for the first days.

What your state’s law says about a recorded statement and about what you say

In this situation State Farm is the other driver’s insurer, not yours. If you are asked for a recorded statement, this is what this site has verified.

We found no California, Texas or Washington statute or insurance regulation that requires a person to give a recorded statement to another driver’s insurer. Read that sentence narrowly. It reports what our research did not find. It is not a rule that says a statement is never required, and this site has no verified rule either way for any of the three states. Whether to give a statement, and when, is a question to ask a lawyer about your own facts.

Recording a phone call has its own law, and the three states do not agree.

Whose consent is needed to record a phone call
CaliforniaTexasWashington
California
  • It is a crime to intentionally record a confidential communication, including a phone call, without the consent of all parties. A communication is not confidential when the parties may reasonably expect that it may be overheard or recorded.

    Cal. Penal Code § 632(a), (c)
  • A separate section makes it a crime to record, without the consent of all parties, a call that involves a cell phone or a cordless phone. That section does not use the word confidential.

    Cal. Penal Code § 632.7(a)
Texas
  • It is an offense to intentionally intercept a call. It is an affirmative defense that the person is a party to the call, or that one of the parties gave prior consent, unless the call is intercepted for the purpose of committing an unlawful act. In plain terms, a person who is part of the call may record it without the other person’s consent.

    Tex. Penal Code § 16.02(b)(1), (c)(4)
Washington
  • It is unlawful to record a private phone call without first obtaining the consent of all the participants.

    RCW 9.73.030(1)(a)
  • Consent is treated as obtained when one party announces to everyone on the call, in a reasonably effective way, that the call is about to be recorded. If the call is recorded, that announcement must be recorded too.

    RCW 9.73.030(3)

The same statutes cover you. In California and Washington, recording a call generally requires the consent of everyone on it. In Texas, a person who is part of the call may record it.

A recording keeps your exact words. In California, Texas and Washington, a party’s own statement is not kept out by the hearsay rule when it is offered against that party. In plain terms, what you say to an insurance adjuster can later be offered as evidence against you.

A person’s own statement as evidence
CaliforniaTexasWashington
California
  • Evidence of a statement is not made inadmissible by the hearsay rule when it is offered against the person who made it, in a case to which that person is a party.

    Cal. Evid. Code § 1220
TexasWashington
  • A statement is not hearsay when it is offered against a party and is the party’s own statement.

    Wash. ER 801(d)(2)

These rules are about hearsay only. They do not say that an insurer will use a statement, or that a court will admit it.

People handle a request for a recorded statement in different ways. Some give it. Some ask for time first, or ask for the questions in writing. Some have a lawyer handle the contact. Which one fits depends on the facts.

This site’s page “The insurance company wants a recorded statement. What should I know first?” has the rest: your own insurer, getting a copy of a statement, and each state’s claims rules.

Deadlines to keep in view while a claim is open

Below are each state’s general rules: the deadline to sue for an injury, the deadline for damage to a vehicle, and the separate rules for a claim against a government agency. To sue means to file a lawsuit in court. These are not deadlines to open a claim with an insurance company. This page has no verified rule under which opening a claim with an insurer, or talking with one, changes any of them. Do not assume that an open claim gives you more time.

Each state’s general deadlines
CaliforniaTexasWashington
California
  • Deadline to sue for an injury. Generally two years for an injury caused by someone else’s wrongful act or carelessness.

    Cal. Code Civ. Proc. § 335.1
  • Deadline for vehicle and property damage. Three years for damage to a vehicle or other personal property.

    Cal. Code Civ. Proc. § 338(c)(1)
  • Claims against a government agency. A written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.

    Cal. Gov. Code §§ 911.2, 911.4, 945.6
Texas
  • Deadline to sue for an injury. Two years from the day the claim arises. For most crashes and falls that is the day of the injury.

    Tex. Civ. Prac. & Rem. Code § 16.003(a)
  • Deadline for vehicle and property damage. Two years for damage to a vehicle or other property.

    Tex. Civ. Prac. & Rem. Code § 16.003(a)
  • Claims against a government agency. A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.

    Tex. Civ. Prac. & Rem. Code § 101.101
Washington
  • Deadline to sue for an injury. Three years for most injury claims.

    RCW 4.16.080(2)
  • Deadline for vehicle and property damage. Three years for damage to a vehicle or other personal property.

    RCW 4.16.080(2)
  • Claims against a government agency. Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.

    RCW 4.96.020; RCW 4.92.100; RCW 4.92.110

These are general rules. Exceptions exist, and some deadlines are much shorter. This page does not say what your own deadline is.

This site’s pages “How long do I have to sue after an injury in California?”, “How long do I have to sue after an injury in Texas?” and “How long do I have to sue after an injury in Washington?” go through each state’s deadlines one at a time. If a child was hurt, see this site’s page “My child was hurt. Who brings the claim, and how long is there?”.

This page gives the rules as they are written and reports what State Farm’s pages said. It does not say how either applies to your crash. If you were hurt in a crash someone else caused, the intake team can tell you whether the firm can help: 800-411-9049.

Questions and answers

Can I open a claim with State Farm if I am not a State Farm customer?

State Farm’s website has a place for it. Its auto claims page has a link named “Claims for non-customers”, and its page for tracking a claim has a choice headed “I had an incident with a State Farm customer”, with a link to begin the process. That is what those pages said when this site read them on October 6, 2026. This site is not affiliated with State Farm.

What is the State Farm claims phone number?

On its page for tracking a claim, under the heading for a person who had an incident with a State Farm customer, State Farm prints the number as 800-SF-CLAIM (800 732-5246). Its auto claims page gives a number with the same digits and adds the words “anytime, day or night”. That is what the pages said on October 6, 2026. A company can change its number, so look at State Farm’s own site before you call.

Do I have to give a recorded statement to the other driver’s insurance company?

This site has no verified rule either way. We found no California, Texas or Washington statute or insurance regulation that requires a person to give a recorded statement to another driver’s insurer. That is not a rule that a statement is never required. A lawyer can advise on your facts.

Can the call be recorded without my consent?

It depends on the state. California and Washington generally require the consent of everyone on the call. In Washington, an announcement to everyone that the call is about to be recorded counts as consent, if the announcement is recorded too. In Texas, a person who is part of the call may record it without the other person’s consent.

Can what I say on the call be used against me later?

It can be offered as evidence. In California, Texas and Washington, a party’s own statement is not kept out by the hearsay rule when it is offered against that party. That does not mean a statement will be used or admitted in any given case.

Does opening a claim change the deadline to sue?

This page has no verified rule under which opening a claim with an insurer changes a deadline to sue. California’s general deadline to sue for an injury is two years. Texas’s is two years. Washington’s is three years for most injury claims. Some deadlines are much shorter. These are general rules, and this page does not say what your own deadline is.

Sources

Primary sources for the rules on this page. Checked on October 3, 2026.

California

  1. Cal. Penal Code § 632(a), (c)
  2. Cal. Penal Code § 632.7(a)
  3. Cal. Evid. Code § 1220
  4. Cal. Code Civ. Proc. § 335.1
  5. Cal. Code Civ. Proc. § 338(c)(1)
  6. Cal. Gov. Code §§ 911.2, 911.4, 945.6

Texas

  1. Tex. Penal Code § 16.02(b)(1), (c)(4)
  2. Tex. R. Evid. 801(e)(2)(A)
  3. Tex. Civ. Prac. & Rem. Code § 16.003(a)
  4. Tex. Civ. Prac. & Rem. Code § 101.101

Washington

  1. RCW 9.73.030(1)(a)
  2. RCW 9.73.030(3)
  3. Wash. ER 801(d)(2)
  4. RCW 4.16.080(2)
  5. RCW 4.96.020; RCW 4.92.100; RCW 4.92.110

Also cited

  1. State Farm, “Check Existing Claim” web page, as read on October 6, 2026
  2. State Farm, “Car Accident Claims Help” web page, as read on October 6, 2026

This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.

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