How to Settle Auto Accident Claims Without a Lawyer

You can settle your own car accident case.

If you have been involved in a car accident where the damage to both your vehicle and yourself were minor, then you might be able to reach a settlement agreement without hiring an attorney. In situations where the liability, or fault, for the accident is clear, handling your own car accident case can be more feasible.

Things You'll Need

• Police report of the accident
• Estimates for car repairs
• Doctor and hospital bills
• Doctor reports
• Proof of lost wages

Instructions

1. Obtain a copy of the police report. Read through the report and look for who was cited for causing or contributing to the accident. If the other driver was the only one cited as causing or contributing to the accident, then you can make the argument that he is the negligent party. If you also were cited, then you will need to determine who was more at fault and what theory of negligence applies in your state.

2. Research whether your state follows a contributory or comparative negligence standard. Under contributory negligence, if you contributed at all to the accident, you cannot recover any damages. Most states follow the comparative negligence standard, which allows both parties to have done something to cause the accident. The person who did the least to cause the accident can recover for damages suffered as a result of the accident. Damages will simply be reduced by the percentage of fault that you had in the accident.

3. Determine your damages. There are two basic types of damages. States will call them by different names, but they generally fall into two categories: economic damages and noneconomic damages. Economic damages are monetary items that can be quantified, such as damages to your vehicle, lost time from work and doctor's bills. Noneconomic damages are what most people think of as "pain and suffering." There is no exact formula, but the noneconomic damages that you are asking for should be reasonable in light of your economic damages.

4. Write a demand letter that states why you feel that the other driver was at fault (or more at fault), and outline what you feel your damages are from the accident. Also include an amount that you are willing to settle for, and send the letter to the other driver or her insurance company.

5. Negotiate with the other party. If the driver or insurance company accepts your offer to settle, then you are done negotiating. Most likely, the other party will make you a lower counter offer to settle the case. It might take time to negotiate before both sides reach a mutually agreeable settlement amount. Once you have decided on a settlement amount, make sure it is reduced to writing and both sides sign the agreement. You also will likely need to sign a release indicating that the settlement amount represents all of your damages from the accident.

Tips & Warnings

• Get more than one estimate for damages to your vehicle

• Have a thorough medical exam done before making a settlement demand

• Make sure you understand the negligence laws in your state before making a settlement demand. You could forfeit your rights to compensation by not understanding what you are entitled to in your state.