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While the first party is your provider, the third party is the other insurance company.
If you got into an accident that was not your fault, you will have to file a third-party claim to get your property damage and bodily injuries covered. However, depending on the state the accident was in, you may have to file a third-party claim for property damage only, as everyone pays for their own medical costs in no-fault states. Let’s learn more about third-party claims in car insurance and how they differ from first-party claims (i.e., claims with your own insurance provider).
A third-party insurance claim is a claim you file with someone else’s insurance provider when another driver hits you and the incident results in injuries, repairs, or replacement costs. You file a third-party claim so the other party’s insurer can reimburse you for car repairs, medical expenses, and any other transportation you’ll need while your car is being repaired.
The way third-party insurance claims work depends on whether you live in a liability vs. no-fault state. See how fault systems vary by state below.
State | No-fault or at-fault state? |
---|---|
Alabama | At fault |
Alaska | At fault |
Arizona | At fault |
Arkansas | No fault |
California | At fault |
Colorado | At fault |
Connecticut | At fault |
Delaware | No fault |
District of Columbia | At fault |
Florida | No fault |
Georgia | At fault |
Hawaii | No fault |
Idaho | At fault |
Illinois | At fault |
Indiana | At fault |
Iowa | At fault |
Kansas | No fault |
Kentucky | Optional |
Louisiana | At fault |
Maine | At fault |
Maryland | At fault |
Massachusetts | No fault |
Michigan | At fault |
Minnesota | No fault |
Mississippi | At fault |
Missouri | At fault |
Montana | At fault |
Nebraska | At fault |
Nevada | At fault |
New Hampshire | At fault |
New Jersey | Optional |
New Mexico | At fault |
New York | No fault |
North Carolina | At fault |
North Dakota | No fault |
Ohio | At fault |
Oklahoma | At fault |
Oregon | At fault |
Pennsylvania | Optional |
Rhode Island | At fault |
South Carolina | At fault |
South Dakota | At fault |
Tennessee | At fault |
Texas | No fault |
Utah | No fault |
Vermont | At fault |
Virginia | At fault |
Washington | At fault |
West Virginia | At fault |
Wisconsin | At fault |
Wyoming | At fault |
In no-fault states, everyone files their medical coverage claims under personal injury protection, which also covers lost wages and child care. Still, the at-fault party pays for all of the property damage. In at-fault states, the at-fault party pays for both bodily injury and property damage costs.
There are two types of third-party claims you can file.
While no-fault states require personal injury protection (PIP), some at-fault states require medical coverage, which does not include coverage for lost wages or child care.
Here’s how to file a third-party claim:
Car insurance companies | Mailing address | Website | Phone number | Email address or online form |
---|---|---|---|---|
21st Century | P.O. Box 268994
Oklahoma City, OK 73126-8994 Medical/PIP documents involving FL, NJ, NY: Medical/PIP documents involving all other states: |
www.21st.com/ contact-21st-century-insurance.htm |
888-244-6163 | claimsdocuments@ farmersinsurance.com |
AAA | The Auto Club Group Claim Department
P.O. Box 9001 Royal Oak, MI 48068-9826 |
www.aaa.com/ stop/ |
Enter ZIP code to find claims number:
www.aaa.com/stop/ |
https:// www.fuzeqna.com/ aaawebsupport/ consumer/question.asp |
AARP | The Hartford
P.O. Box 14219 Lexington, KY 40512 |
https:// www.thehartford.com/ aarp/car-insurance/ how-to-file-claim |
800-243-6860 | N/A |
Allstate | Allstate Insurance Company
P.O. Box 660636 Dallas, TX 75266 |
www.allstate.com/ auto-insurance/ auto-claims-info.aspx |
800-255-7828 | https://messaging. allstate.com/corp.aspx |
Amica | Amica Scan Center
P.O. Box 9690 Providence, RI 02940-9690 |
www.amica.com/ en/customer-service/ contact-us.html |
800-242-6422 | maip@amica.com |
Autopom | Autopom Office
22651 Lambert St., Suite 102 Lake Forest, CA 92630 |
www.extended- vehicle-warranty.com/ mercury-insurance-claim/ |
800-654-8455 | info@ autopom.com |
Bristol West | Bristol West Claims Service
P.O. Box 258806 Oklahoma City, OK 73125-8806 |
www.bristolwest.com/ home/claims |
800-274-7865 | N/A |
Carchex | Carchex
118 Shawan Road, Suite 210 Baltimore, MD 21030 |
www.carchex.com/ auto-warranty/ how-to-file-a-claim/ |
877-227-2439 | N/A |
Carshield | 1597 Cole Blvd., Suite 200
Lakewood, CO 80401-3418 |
americanautoshield.com/ report-a-claim/ |
800-531-1925 | ClaimsDocs@ americanautoshield.com |
Clearcover | Clearcover Insurance Agency LLC
33 W. Monroe St., Suite 500 Chicago, IL 60603 |
https:// clearcover.com/ claims/ |
855-444-1875 | support@ clearcover.com |
Concord | Concord Corporate Office
4 Bouton St. Concord, NH 03301 |
www.concordgroup insurance.com/ claims/report-a-claim |
Maine: 800-482-7443
Massachusetts: 800-422-5246 New Hampshire: 800-888-6050 Vermont: 800-660-3838 |
https:// www.concordgroup insurance.com/about/ contact-us |
Dairyland | Dairyland Insurance Co.
1800 N. Point Drive Stevens Point, WI 54481 |
www.dairyland insurance.com/ auto/claims |
800-334-0090 | https://www.dairy landinsurance.com/ contact-dairyland -insurance |
Direct | Direct Auto Insurance Claims Department
P.O. Box 1623 Winston-Salem, NC 27102 |
www.directauto.com/ claims/make-a-claim |
800-403-1077 | https://www. directauto.com/emailus |
Endurance | Endurance Corporate Headquarters
400 Skokie Blvd., Suite 105 Northbrook, IL 60062 |
www.endurance warranty.com/learning- center/company-resources /best-practices-for- filing-a-claim-with -endurance-warranty/ |
877-414-0134 | https://www.endurance warranty.com/contact/ |
Erie | Erie Branch Claims Office
P.O. Box 13002 Erie, PA 16514-3002 |
www.erieinsurance.com/ support-center/ claims/auto |
800-367-3743 | https://www.erie insurance.com/ contact-erie/ customer-care |
Esurance | Esurance Customer Service
P.O. Box 5250 Sioux Falls, SD 57117-5258 |
www.esurance.com/ file-a-claim-online |
800-378-7262 | https://www. esurance.com/ contact-email |
Farmers | Farmers Customer Service
6301 Owensmouth Ave. Woodland Hills, CA 91367 |
www.farmers.com/ cmp/s/filealoss? SO=01 |
800-435-7764 | https://www.farmers. com/contact-us/send- message/ |
Foremost | Overnight Mail
Foremost – Box #915 c/o Citibank Lockbox Operations 8430 W. Bryn Mawr Ave., Third Floor Chicago, IL 60631 |
https://claims. bristolwest.com/ cmp/s/filealoss?SO=04 |
800-274-7865 | imaging@foremost.com |
GAINSCO | GAINSCO Inc.
P.O. Box 199023 Dallas, TX 75219-9023 |
www.gainsco.com/ customers/ report-a-claim/ |
866-424-6726 | gainsco.services @gainsco.com |
GEICO | Office locator:
https://www.geico.com/ |
www.geico.com /claims/ |
800-841-3000 | https://www. geico.com/ contact-us/email/ |
GMAC | N/A | https://claims. nationalgeneral.com/ report |
800-468-3466 | claims@NGIC.com |
Good2Go | Good2Go Auto Insurance
P.O. Box 1930 Blue Bell, PA 19422-0479 |
https://mypolicy. good2go.com/ account/login# |
800-727-6664 | claims@ good2go.com |
Infinity | Infinity Insurance
200 E Randolph St., Suite 3300 Chicago, IL 60601 |
www.kemper.com/ claims/report-a-claim |
800-334-1661 | customer. service@ipacc.com |
Kemper | Kemper Claims
P.O. Box 2855 Clinton, IA 52733 |
www.kemper.com/ claims/report -a-claim/report -a-claim-auto |
888-253-7834
For California customers: 800-508-5833 (formerly Alliance United) 800-234-3606 (formerly Kemper Specialty California) |
customer. service@ipacc.com |
Lemonade | Lemonade Insurance Agency LLC
5 Crosby St., Third Floor New York, NY 10013 |
www.lemonade.com/car | 844-733-8666 (for claim emergencies) | carclaims@ lemonade.com |
Liberty Mutual | Liberty Life Assurance Company of Boston
100 Liberty Way Dover, NH 03820 |
https:// fileaclaim. libertymutual.com/ |
800-225-2467 | N/A |
Mercury | Mercury Insurance
1700 Greenbriar Lane Brea, CA 02921 |
www.mercury insurance.com/ claims/auto-claim.html |
800-503-3724 | https://cp. mercuryinsurance.com /guest/contact-mercury |
MetLife – Farmers Auto | Farmers Insurance Customer Service
6301 Owensmouth Ave. Woodland Hills, CA 91367 |
www.farmers.com/ cmp/s/filealoss?SO=01 |
800-435-7764 | N/A |
Metromile | Metromile Inc.
425 Market St., Suite 700 San Francisco, CA 94105-5418 |
https:// claims.metromile.com/ |
888-595-5485 | N/A |
Nationwide | Nationwide Headquarters
One Nationwide Plaza Columbus, OH 43215-2220 |
https:// claimsselfservice. nationwide.com/claims /index.html#/ file-claim |
800-421-3535 | https://www. nationwide.com/ personal/contact/ online-form |
Omega | 5300 W. Cypress St., Suite 155
Tampa, FL 33607 |
www.omegaautocare.com/ claims/ |
877-850-0443 | contactus@ omegaautocare.com |
Plymouth Rock | Plymouth Rock Assurance
P.O. Box 55165 Boston, MA 02205 |
https://efnol. plymouthrock. com/#/login |
844-346-1225 | rockcare@ plymouthrock.com |
Progressive | The Progressive Corporation
6300 Wilson Mills Road Mayfield Village, OH 44143 |
www.progressive.com/ claims/auto-process/ |
800-776-4737 | https://www. progressive.com/ contact-us.aspx |
Protect My Car | 570 Carillon Parkway, Third Floor St. Petersburg, FL 33716 |
https://blog. protectmycar.com/claim -protect-my-car |
844-256-4762 | N/A |
Root | Root Insurance Claims Department
80 E. Rich St., Suite 500 Columbus, OH 43215 |
www.joinroot.com/claims/ | New claims: 866-980-9431
Existing claims: 866-489-1985 |
help@ joinroot.com |
Safeco | Safeco Insurance
P.O. Box 91016 Chicago, IL 60680-1016 |
https://fileaclaim. safeco.com/ |
800-332-3226 | N/A |
State Farm | State Farm Insurance Companies
Insurance Support Center – East P.O. Box 588002 North Metro, GA 30029 |
www.statefarm. com/claims/ file-a-claim |
800-732-5246 | N/A |
The General | The General
P.O. Box 305054 Nashville, TN 37230-5054 |
www.thegeneral.com/ car-insurance/ basics/claims/ |
800-280-1466 | customersupport @thegeneral.com |
Toco | Toco Warranty
8501 Fallbrook Ave., Suite 225 West Hills, CA 91304 |
www.tocowarranty.com/ file-a-claim |
855-298-8626 | info@ tocowarranty.com |
Travelers | Travelers Personal Insurance
P.O. Box 660307 Dallas, TX 75266-0307 |
www.travelers.com/ claims/report-claim |
800-252-4633 | https://www. travelers.com/ contact-us/email |
USAA | USAA
9800 Fredericksburg Road San Antonio, TX 78288 |
www.usaa.com/ inet/wc/ auto-insurance-claims |
Shortcut mobile number: #8722
210-531-8722 or 800-531-8722 |
N/A |
State | Statute of limitations for property damage claims (in years) | Statute of limitations for personal injury claims (in years) |
---|---|---|
Alabama | 2 | 2 |
Alaska | 2 | 2 |
Arizona | 2 | 2 |
Arkansas | 3 | 3 |
California | 3 | 2 |
Colorado | 3 | 3 |
Connecticut | 2 | 2 |
Delaware | 2 | 2 |
District of Columbia | 3 | 3 |
Florida | 4 | 4 |
Georgia | 4 | 2 |
Hawaii | 2 | 2 |
Idaho | 3 | 2 |
Illinois | 5 | 2 |
Indiana | 2 | 2 |
Iowa | 5 | 2 |
Kansas | 2 | 2 |
Kentucky | 2 | 1 |
Louisiana | 1 | 1 |
Maine | 6 | 6 |
Maryland | 3 | 3 |
Massachusetts | 3 | 3 |
Michigan | 3 | 3 |
Minnesota | 6 | 2 |
Mississippi | 3 | 3 |
Missouri | 5 | 5 |
Montana | 2 | 3 |
Nebraska | 4 | 4 |
Nevada | 3 | 2 |
New Hampshire | 3 | 3 |
New Jersey | 6 | 6 |
New Mexico | 4 | 3 |
New York | 3 | 3 |
North Carolina | 3 | 3 |
North Dakota | 6 | 6 |
Ohio | 4 | 4 |
Oklahoma | 2 | 2 |
Oregon | 6 | 2 |
Pennsylvania | 2 | 2 |
Rhode Island | 10 | 3 |
South Carolina | 3 | 3 |
South Dakota | 6 | 3 |
Tennessee | 3 | 1 |
Texas | 2 | 2 |
Utah | 3 | 4 |
Vermont | 3 | 3 |
Virginia | 5 | 2 |
Washington | 3 | 3 |
West Virginia | 2 | 2 |
Wisconsin | 6 | 3 |
Wyoming | 4 | 44 |
There are pros and cons to filing a third-party claim vs. filing a claim with your own provider, also known as a first-party claim.
Pro: Filing a third-party claim means that you won’t have to pay a deductible for collision insurance. Rather, the insurance company will cover your damages up to their limits.
Con: In a no-fault state, you’ll still be responsible for your own medical costs. If the other party has to pay for your property damage out of pocket, you may have to sue them to get the money, which can be an expensive and arduous process.
With uninsured or underinsured drivers, third-party claims work differently.
When dealing with people who drive without insurance, there’s no company you can contact to file a third-party claim. If you lack uninsured motorist coverage, you’ll need to subrogate the claim with the other driver directly to recover your lost funds.
Underinsured drivers are people who don’t have enough insurance to cover your damages. Either their liability limits are too low to cover your bills, or they’re less than your underinsured motorist coverage. If that’s the case, you would use your underinsured motorist coverage to pay for the gap between their limits and your bills. However, if you lack underinsured motorist coverage, you’ll have to file a claim with the third-party driver.
In our uninsured drivers research, we found that there were 29 million uninsured, licensed drivers in the U.S. in 2019.45
If your third-party claim was denied, you can sue the other driver if you meet the monetary or serious injury threshold in your state.
State | Monetary threshold | Serious injury threshold |
---|---|---|
Florida | None | Permanent injury
Significant and permanent scarring or disfigurement |
Hawaii | PIP benefit amount | Significant and permanent loss of use of a bodily function or body part
Permanent and serious disfigurement resulting in emotional or mental distress |
Kansas | PIP benefit amount | Permanent disfigurement
Fracture of weight-bearing compound or bone Comminuted, displaced, or compressed fracture of any bone Permanent injury Permanent loss of a bodily function |
Kentucky | $1,000 | Permanent disfigurement
Fracture of weight-bearing compound or bone Comminuted, displaced, or compressed fracture of any bone Permanent injury Permanent loss of a bodily function |
Massachusetts | $2,000 | Permanent and serious disfigurement
Fractured bone Substantial loss of sight or hearing |
Michigan | None | Serious impairment of a bodily function
Serious and permanent disfigurement |
Minnesota | $4,000 | 60 days of disability
Permanent injury Permanent disfigurement |
New Jersey | None | Dismemberment
Significant scarring or disfigurement Loss of a fetus Displaced fractures Permanent injury other than disfigurement or scarring |
New York | None | Bone fracture
Significant disfigurement Permanent limitation of use of a body member or organ Significant limitation of a bodily system or function Substantially full disability for 90 days |
North Dakota | $2,500 | Permanent and serious disability
Disfigurement of at least 60 days |
Pennsylvania | None | Serious injury |
Utah | $3,000 | Permanent disfigurement
Permanent disability Bone fracture |
Washington, D.C. | PIP benefit amount | Substantial permanent disfigurement or scarring
Substantial permanent impairment Substantially total impairment lasting 6 months |
Note that the states not listed do not have thresholds for property damage/personal injury lawsuits. If you meet your state’s threshold or there is no threshold, find a lawyer using websites such as these:
If you are involved in an accident, follow these steps to keep everyone safe and collect the information you’ll need in your claim:
State | When you’re required to file a police report | How long do you have to file a police report? | What happens if you don’t file a police report when you’re legally required to? |
---|---|---|---|
Alabama | Death, injury, or property damage worth over $500 due to an uninsured motorist | 30 days | Class A misdemeanor (up to $1,000 fine) for accidents resulting in property damages, Class C felony ($2,500-$6,000 fine) for accidents resulting in death or injury |
Alaska | Death, injury, or property damage worth over $2,000 | 10 days | License suspension for up to 30 days; fine up to $200, imprisonment up to 90 days, or both |
Arizona | No state law requiring the driver involved in an accident to file a police report | N/A | N/A |
Arkansas | Death, injury, or property damage worth over $1,000 | Right away (death or injury) or 30 days (property damage) | License suspension |
California | Death, injury, or property damage worth over $1,000 | 10 days | 90 days to 4 years in prison and/or $1,000-$10,000 fine, based on severity of accident |
Colorado | Death, injury, or any property damage | 10 days | 10-90 days in jail, $150-$300 fine, or both |
Connecticut | Death, injury, or property damage worth over $1,000 | 5 days | $75-$600 fine, imprisonment up to 1 year, or both; for subsequent offenses, $100-$1,000 fine, imprisonment up to 1 year, or both |
Delaware | Death, injury, or property damage worth over $500 | Immediately | $25-$75 fine; for subsequent offenses, $57.50-$95 fine |
Washington D.C. | N/A | N/A | N/A |
Florida | Death or injury, property damage worth over $500 | As soon as possible | $30 fine |
Georgia | Death, injury, or property damage worth over $500 | Immediately | 3 points on driving record |
Hawaii | Death, injury, or property damage worth over $3,000 | Immediately | $100 fine |
Idaho | Death, injury, or property damage worth over $1,500 | Immediately | Fines or license suspension |
Illinois | Death, injury, or property damage worth over $1,500, or $500 if any vehicle is uninsured | 10 days | License suspension |
Indiana | Death, injury, or property damage worth over $750 | Immediately | License and vehicle registration suspension |
Iowa | Death, injury, or damage of $1,500 or more, unless police already investigated the accident | 3 days | License suspension |
Kansas | Death, injury, or property damage worth over $1,500 | Immediately | License suspension, fine up to $500 |
Kentucky | Death, injury, or property damage worth over $500 | 10 days | $20-$100 fine |
Louisiana | N/A | N/A | N/A |
Maine | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment for 6 months and $1,000 fine |
Maryland | Death or injury | 15 days | 5 points and $140 fine |
Massachusetts | Death, injury, or property damage worth over $1,000 | 5 days | License suspension |
Michigan | Death, injury, or property damage worth over $1,000 | Immediately | Imprisonment up to 90 days, fine up to $100, or both |
Minnesota | Death, injury, or property damage worth over $1,000 | 10 days | License suspension |
Mississippi | Death, injury, or property damage worth over $500 | 10 days | License suspension |
Missouri | Death, injury, or property damage worth over $500 | 5 days | License suspension, fine, or possible misdemeanor charge |
Montana | Death, injury, or property damage worth over $1,000 | Immediately | Misdemeanor ($200-$300 fine or imprisonment for 20 days) |
Nebraska | Death, injury, or property damage worth over $1,000 | 10 days | Class V misdemeanor (maximum fine of $100) |
Nevada | All crashes | Immediately | Driving privileges suspension for up to 1 year |
New Hampshire | Death, injury, or property damage worth over $1,000 | 5 days | Not required if the police file a report. If not, operators will be given a felony if the accident caused death or injury, and a misdemeanor if there was only property damage. |
New Jersey | Death, injury, or property damage worth over $500 | Immediately | License suspension, $30-$100 fine |
New Mexico | Death, injury, or property damage worth over $500 | Immediately | License suspension |
New York | Death, injury, or property damage worth over $1,500 | 10 days | Fine up to $250, 15 days of imprisonment, or both |
North Carolina | Death, injury, or property damage worth over $1,000 | Immediately | Up to $100 fine |
North Dakota | Death, injury, or property damage worth over $1,000 (no report required for property damage only with an undomesticated animal) | Immediately | License suspension |
Ohio | All crashes | Immediately | Up to $150 fine |
Oklahoma | Death, injury, or property damage worth over $500 | Immediately (death or injury) or 6 months (property damage) | License suspension |
Oregon | Injury or death (involved driver must call 911)
More than $2,500 in damage to driver’s vehicle More than $2,500 in damage to any vehicle Any vehicle towed from the scene More than $2,500 of any property damage (not including a vehicle) |
72 hours | Up to $300 fine |
Pennsylvania | Death, injury, or disabled vehicle | 5 days | Driving privileges suspension |
Rhode Island | Death, injury, or property damage worth over $1,000 | 21 days | Up to $500 fine |
South Carolina | Death, injury, or property damage worth over $1,000 | 15 days | $100-$5,000 fine, 1 year of imprisonment, or both |
South Dakota | Death, injury, property damage worth over $1,000 to 1 person’s property, or $2,000 of total property damage | Immediately | Class 2 misdemeanor (up to 30 days of imprisonment, $500 fine, or both) |
Tennessee | Death, injury, or property damage worth over $50 | Immediately (death, injury, or $50-$400 of property damage) or 20 days (death, injury, or property damage worth over $400) | License and registration suspension |
Texas | Death, injury, or property damage of worth over $1,000 | Immediately (death or injury) or 10 days (property damage) | License suspension |
Utah | Death, injury, or property damage worth over $1,000 | 10 days | License suspension |
Vermont | Death, injury, or property damage worth over $3,000 | 3 days | Fine |
Virginia | Death or injury | Immediately | Up to $250 fine |
Washington | Death, injury, or property damage worth over $700 | 4 days | License suspension |
West Virginia | Death, injury, or property damage worth over $1,000 | Immediately | License suspension |
Wisconsin | Death, injury, property damage worth over $1,000, or government property damage of $200 or more | Immediately (by quickest means of communication) | $40-$200 fine |
Wyoming | Death, injury, or property damage worth over $1,000 | Immediately | $200 fine |
If you have to file a third-party claim, familiarize yourself with the following car insurance definitions:
No matter what side of the third-party liability claim you find yourself on, the best way to avoid dealing with third-party claims altogether is to drive defensively. Avoid distracted driving like texting and driving and focus on the road. While it’s impossible to prevent all car accidents, remaining alert can greatly diminish your chances of being hit or hitting another car.
If you’re shopping for new insurance products and services, compare car insurance quotes and see if you can get a multi-policy discount by combining car insurance with home insurance or renters insurance. Your driving history will affect the cost of your insurance, as will any driver discount you are eligible for.
Read more about third-party claims below.
Yes, a third-party claim will affect your insurance. If the accident was your fault, your rates will go up. However, if the accident wasn’t your fault and your insurance company successfully files a third-party claim, your car insurance rates won’t go up.
A third-party insurance claim works by your insurance provider filing a claim with the insurance provider of the at-fault driver in an accident. If the claim is successful, the other insurance provider will cover your injury and property damage costs in at-fault states, or your property damages alone in no-fault states.
Here’s how to handle a third-party claim:
If someone claims you hit their car, here’s what you should do:
Car Accidents: Statutes of Limitations. Enjuris. (2022).
https://www.enjuris.com/car-accident/statutes-of-limitations.html
Filing a Third-Party Claim for Car Accident Vehicle Damage. NOLO. (2022).
https://www.nolo.com/legal-encyclopedia/filing-a-third-party-claim-for-car-accident-vehicle-damage.html
Filing a Claim with Another Driver’s Insurance Company. Illinois Department of Insurance. (2022).
https://www2.illinois.gov/sites/Insurance/Consumers/ConsumerInsurance/Auto/Pages/filing-an-auto-claim-with-anothers-insurance-company.aspx
One in Eight Drivers Uninsured. Insurance Research Council. (2021, Mar 22).
https://www.insurance-research.org/sites/default/files/downloads/UM%20NR%20032221.pdf
Highway Statistics 2019. U.S. Department of Transportation -Federal Highway Administration.(2019).
https://www.fhwa.dot.gov/policyinformation/statistics/2019/dl201.cfm