Should You Claim Compensation from the Insurance Company or the Other Driver After a Car Accident?

A Legal Perspective from Lawyer Arm Knowing Where to Start to Get Fair Compensation

Road accidents can happen anytime, whether you’re driving a short or long distance. The resulting damages go beyond just vehicle repairs or property loss; they also include physical and emotional injuries that victims are legally entitled to claim. However, when it’s time to actually make a claim, many people are unsure: Should I claim from the insurance company or from the other driver directly?

According to Lawyer Arm from Wongsakorn Law Office, who has extensive experience handling car accident compensation cases, claiming from the insurance company is often the more practical choice. It is usually faster, more reliable, and more likely to result in fair compensation.

Who is Responsible for the Damages?

After an accident, the first step is to report the incident to the police to record the details and determine fault. Then, check whether the other party has insurance.

If they do, the insurance company will be responsible for covering the damages within the limits of the insurance policy, such as:

• Repair costs for your car
• Medical expenses
• Lost income during recovery
• Compensation for serious injury or death
• Other related damages

In these cases, the insurance company must pay compensation on behalf of the insured driver within the coverage limits.

Can You Claim Directly from the Other Driver?

Legally, yes, you can. The person at fault must pay for all damages caused. If the other driver has no insurance or insufficient coverage, you can sue them directly.

However, in practice, this is rarely easy.
You may face challenges like:

• The other driver denying fault
• Inability to contact them or lack of assets to enforce judgment
• Long court procedures to prove the claim amount
• Even if you win, you may still not get paid if the driver has no money

So, while claiming directly from the other party is possible, it’s often slow and uncertain.

Why Is Claiming from the Insurance Company Better?

Lawyer Arm emphasizes:

“Claiming from the insurance company isn’t necessarily easier, but it’s more reliable because the company is legally obliged to pay and has the financial capacity to do so.”

Insurance companies, especially large, publicly listed ones have legal obligations and reserve funds to handle claims. While documentation and review steps may take time, victims are more likely to receive proper compensation.

Additionally, dealing with a professional insurance claim department makes negotiation smoother, compared to individuals who might avoid responsibility.

What Should You Do Right After the Accident?

When the accident happens, remember this key step:

“Ask which insurance company the other driver uses.”

This information is crucial for filing a proper claim. Then:

1. Get a police report or official record.

2. Notify the at-fault driver’s insurance company that you intend to claim as a victim.

3. Gather documents: repair receipts, medical certificates, bills, photos, and evidence of loss.

4. Negotiate with the insurer’s claim department.

5. If the insurer denies responsibility, you may pursue legal action with an attorney’s help.

Set a Clear Goal: How Much to Claim and From Whom?

Before making a claim, Attorney Arm advises:

“Be clear about how much you want to claim and who is responsible for paying it.”

This clarity helps you plan properly and avoid confusion. For example:

• Property damage → claim from voluntary insurance (if applicable)
• Medical costs → may be claimed from both the insurer and compulsory motor insurance (P.A.)
• Lost income or extra compensation → may require negotiation or litigation

Evidence and Understanding Are the Keys to Successful Claims

Compensation claims rely on both complete documentation and knowledge of legal procedures. If you’re unsure how to proceed, consult an experienced lawyer in insurance and accident cases to help verify coverage, negotiate with the insurer, or file a lawsuit if needed.

The Keys to Successful Claims Talk to a Lawyer Early

“Don’t rush to blame anyone after an accident. First, identify who’s responsible for paying and the best way to claim fair compensation.”

Claiming from the insurance company might take time and paperwork, but it’s the safest and most reliable way to receive compensation. Insurance companies are legally required to pay and have the resources to do so.

Important: Always ask, “Which insurance company is the other driver insured with?” it might be the key to receiving full and timely compensation.

Wongsakorn Law Office provides expert legal services for insurance and accident claims, handled by experienced attorneys who specialize in compensation law.

 Consult our legal team today. Click [Contact Us]