After a traffic accident, you don't have to sue the insurance company to get a claim. As long as it conforms to the provisions of the insurance contract, the insurance company will generally settle claims, and you only need to sue when the insurance company does not settle claims.

Insurance claims are based on the following:

1. Claim settlement is the behavior of insurance companies to fulfill their contractual obligations. It is based on insurance contracts and insurance-related laws, trade regulations and international practices, and there are no other reasons or explanations that can be used as the basis for claims settlement.

2. During the performance of the insurance contract, disputes arising from the ownership of insurance liability and the amount of compensation shall be handled fairly and reasonably in an appropriate manner. According to the usual practice, disputes arising in insurance business can be resolved through consultation, complaint to the China Insurance Regulatory Commission, arbitration and judicial procedures:

3. Settle through consultation. After the dispute occurs, both parties should seek truth from facts, negotiate in good faith, make concessions to each other and reach a settlement agreement acceptable to both parties. Generally, there are two ways of negotiation and reconciliation: self-reconciliation and third-party mediation. Self-reconciliation refers to direct negotiation between the two parties without the intervention of a third party; The third party presides over the settlement, that is, the third party other than the two parties mediates and urges the two parties to reach a settlement agreement.

4. arbitration. Arbitration means that the parties to a contract reach a written agreement before or after the dispute occurs and are willing to submit the dispute between them to a third party agreed by both parties for arbitration. The arbitrator will decide the dispute between the two parties as an arbitrator rather than a mediator. At present, China implements two-level arbitration for economic contract disputes. If the parties are not satisfied, they can bring a lawsuit to the people's court within 15 days from the date of receipt of the second-level arbitration decision, and the court will make a trial judgment. Arbitration institutions, as non-governmental organizations, as third parties or intermediaries, arbitrate disputes between the two parties, so they have no right to take coercive measures. The power to enforce the arbitral award belongs to the people's court. After the arbitration award, if the insurer refuses to perform the award, it may apply to the people's court where the insurer is located for compulsory execution.

5. litigation. Litigation settlement of insurance disputes means that the people's court decides the litigation procedure according to law, examines the insurance disputes, and makes a judgment or ruling on the basis of finding out the facts and distinguishing the responsibilities. Litigation to solve insurance disputes is a judicial activity of the people's courts, and the legal judgments made by them have national effect and the parties must implement them.

Legal basis: Article 65 of the Insurance Law of People's Republic of China (PRC), the insurer may directly compensate the third party for the damage caused to the insured of liability insurance according to the provisions of the law or the contract. After the insured of liability insurance causes damage to a third party, and the insured's liability for compensation to the third party is determined, the insurer shall directly compensate the insurance money to the third party at the request of the insured. If the insured fails to pay the claim, the third party has the right to claim directly from the insurer for the part that should be compensated. If the insured of liability insurance causes damage to a third party and the insured fails to compensate the third party, the insurer shall not compensate the insured's insurance money. Liability insurance refers to the insurance whose subject matter is the liability of the insured to the third party according to law.

Article 66 Where the insured of liability insurance is brought to arbitration or litigation due to an insured accident that causes damage to a third party, unless otherwise stipulated in the contract, the arbitration or litigation expenses paid by the insured and other necessary and reasonable expenses shall be borne by the insurer.