- Document everything you remember about the accident, including:
- Date, time, and location
- Contact information for you, the other driver, and any witnesses
- Pictures of any damage.
2. Contact Your Insurance Company
- Notify your insurance company about the accident, even if you’re just pursuing an out-of-pocket settlement.
3. Send a Demand Letter
- Send a formal demand letter to the at-fault driver requesting out-of-pocket payment.
- Ensure you itemize the damages with estimates from a body shop.
- Give them a reasonable deadline to pay.
4. Mediate the Dispute
- If the driver ignores or disputes your demands, consider mediation to resolve the dispute.
- You and the driver will meet with an impartial third party to discuss and try to reach a settlement agreement.
5. File a Small Claims Lawsuit
- As a last resort, you may need to file a suit in small claims court.
- You’ll need to file the appropriate forms and pay the filing fee.
6. Use a Collections Agency or Attorney
- If you’re having difficulty collecting the payment or the at-fault driver refuses to cooperate, consider using a collections agency or an attorney to help you.
