Brad Pistotnik Law
Abogado El Toro

How to Settle Car Accident Claims

How do I settle my auto accident claim for personal injuries?

Have you been involved in an accident and wonder how to file car accident claim? If you have been involved in a vehicle accident, you need to call a lawyer as soon as possible.

What should I do first?

Even if the other driver has caused the accident, you will not be dealing with him directly when trying to settle your damages claim. You will be working with the other driver’s insurance company. Because of this, you need to gather important information while still at the scene of the accident, including the contact information and name of:

  • The other driver’s insurance company
  • The other driver
  • Witnesses of the accident
  • Law enforcement officers who arrive at the scene

It is also a good idea to take pictures when you are still at the scene. Many people carry phones with great camera capabilities. You will want to take photos of the following:

  • License plates of each car
  • The location where the accident has happened
  • The areas of physical damage on every car

The best way to pursue and settle a claim without much hassle from the other driver or his insurance company is by understanding that the insurance company will want a lot of information from you. You should also remember that the insurance company is not on your side. It is in business to make money and it does so by paying less money to people who make claims.

The insurance company pays less money by saying the following:

  1. The accident was partially or completely your fault , so you should only receive a portion of the money on your claim
  2. You have not provided enough documentation to support your claims of loss.

You may find this whole process frustrating and infuriating, but the more documentation and information you gather, the more likely you are to receive a fair settlement. At some point, the insurance company might give you a final offer and ask you to file a lawsuit if you want more money.

What type of damages can I collect?

If you are making a claim for damage of property only, the different types of damages that you are entitled to collect include:

  • Personal property damage – this includes compensation for items such as computers and phones that may have been in the car.
  • Vehicle damage
  • Car rental – most insurance companies can reimburse you for a rental car that you needed as your car was being repaired.
  • Out-of-pocket expenses – if you had to hire a taxi to arrive home from the scene of the accident, you will be reimbursed.

The insurance company will give you an offer based on the documentation and information that you provide. If you have not given information regarding your out-of-pocket expenses, then the insurance company will assume that you are not entitled to compensation for that loss. The insurance company will get into a settlement agreement if it is in the company’s best interests.

Litigation is an expensive process and the insurance company knows that it is less expensive and more efficient to pay fair compensation for your loss than to pay lawyer fees to fight against you in court.

Do you want to settle car accident claims in Wichita, Goodland, Arkansas City, Lakin, Satanta, Ulysses, Kingman, Pratt, Colby, Hays, Great Bend, Topeka, Coffeyville, Pittsburgh, Emporia, Dodge City, or Liberal? Get in touch with Brad Pistotnik Law at 316-684-4400 or reach Brad on his personal cell number: 316-706-5020. You can also call Tony Atterbury on his cell at 316-617-9237.