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- 1). Gather all the information you have regarding the at-fault driver, auto damage, scene photos and your receipts for expenses. Police reports are very helpful in determining who was cited and is responsible for an accident.
- 2). File your accident claim with your carrier. Most policies will withhold a pre-determined amount of payment from your settlement: your deductible. The carrier will attempt to secure recovery of the claim payment and your deductible from the at-fault carrier. If the recovery is denied due to the at-fault driver's policy cancellation prior to the accident, your claim representative will then pursue the uninsured driver for total costs.
- 3). File a restitution request through the courts. If a driver is uninsured and/or has committed any crime that caused your loss, such as theft or destruction of property, the county prosecutor may order that restitution be made to the carrier for full recovery or to you for out-of-pocket expenses, which would include your deductible or amounts paid for a rental vehicle that were above what your policy covered.
- 4). File a claim against the at-fault driver in small claims court. This is an option available to you if you live in a no-fault state, where each individual is responsible for his or her own auto damages regardless of liability.
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