1. Gather Evidence and Documentation:
* Police report: This is essential. It documents the accident and assigns fault.
* Photos and videos: Capture the damage to your vehicle, the scene of the accident, and any injuries.
* Witness statements: Get contact information from anyone who witnessed the accident.
* Medical records: If you have injuries, keep detailed records of treatment.
2. Communicate with Your Own Insurance Company:
* File a claim: Notify your insurer about the accident immediately.
* Provide all evidence: Give your insurance company copies of all gathered documentation.
* Understand your coverage: Review your policy to understand your coverage and potential deductibles.
3. Contact the Other Driver's Insurance Company:
* File a claim: Even if they are refusing to pay, you still need to file a claim with their insurance company.
* Send a demand letter: A formal letter outlining the damages, evidence, and your demand for payment.
* Keep detailed records: Maintain a log of all conversations, emails, and letters with the insurance company.
4. Consider Mediation:
* Negotiate with the other driver's insurance: A mediator can help you and the insurance company reach an agreement.
5. File a Lawsuit:
* If all else fails: As a last resort, you may need to file a lawsuit in small claims court or with a lawyer.
Important Considerations:
* Policy Limits: The other driver's insurance may have limits on their coverage, meaning they may not be able to cover all your damages.
* Uninsured/Underinsured Motorist Coverage: If the other driver doesn't have sufficient coverage, your own insurance policy may provide uninsured/underinsured motorist coverage.
* Legal Advice: Consult with an attorney to discuss your specific situation and determine the best course of action.
Remember: Don't give up. Be persistent and document everything to protect your rights and ensure you receive fair compensation for your damages.
