Tips For Filing a Car Accident Claim

In states without no-fault insurance you may have to sue the driver at a small claims court. Before you take this action you should speak with an experienced accident lawyer.

The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries as well as car damage as well as for the losses resulting from pain and suffering. The process typically involves the following steps.

Gathering Information

Take photos of the vehicles involved in the auto accident lawyers. Include any injuries or damage. These photographs will show that the accident took place as you described. Additionally, take photographs of the scene, including any skid marks or debris that are present.

It is also important to get the names, addresses and phone numbers of eyewitnesses, if possible. They might be able to witness later in the case about what caused the auto accident lawsuits and who was responsible. In certain instances eyewitness testimony is the most valuable evidence in a case.

Make note of the insurance details of all those who were involved in the accident. You will need to know the name of the insurance company and the policy number and the contact information along with the license plate number and driver's name. It is important to get this information as soon as possible can avoid disputes or confusion later on.

Documentation of medical expenses and treatments can also be very valuable to support claims. Keeping receipts for prescription pain medication and other expenses caused by the accident could help support the damages claimed in the claim. If you're unable to work due to an injury, you must keep the record of any wages lost.

Claim Form

It is recommended that you file a claim as soon after the accident as possible should you be able to. This will allow the insurance company to review your paperwork and begin working. It also ensures that your claim meets the deadlines stipulated by New York law.

When you file a car insurance claim when filing a claim, you'll need details about the accident as well as any injuries you suffered as a result. This information is used to calculate damages, which includes compensation for medical expenses loss of wages, property damage and pain and discomfort.

If needed the insurance company must to determine who is to blame. The final police report can serve as a reference point. However, it is important to remember that determining fault isn't always straightforward. In some instances, even if you think the accident was your fault other factors might be responsible for it. For example, New York is a state of comparative fault meaning that your damages will be reduced based on the percentage of fault you have.

The insurance company will assign an adjuster to your case. It's recommended to have your lawyer with you as you talk to the adjuster. They'll be able to provide an objective viewpoint and assist you negotiate an equitable settlement. If you're not able to agree on a settlement that's acceptable, you might have be in court to obtain the compensation you are entitled to.

Inspecting the damages

The insurance company may want to visit the scene of the accident to see the scene for themselves. They'll likely interview you as well as other people involved in the crash, talk to eyewitnesses and look at your vehicles. They will also examine your medical records, expenses and lost wages to obtain a more precise picture of the impact of the crash on you.

While you wait for the police to arrive Take pictures with your cell phone. This will allow you to record the damage and skid marks on both cars and also the exact location of the cars.

If it is safe, you can exchange insurance and contact information with the other drivers involved in the crash. Note down the names of everyone involved, address, telephone number and insurance company, policies numbers, and driver's license information. Also note the car's model year, year and license plate number.

In the midst of the situation, it can be tempting to point the finger at the other driver. However, this can backfire. Keep your cool and avoid admitting fault or guilt. If possible, it's a good idea to keep the names and telephone numbers of anyone who witnessed the collision.

Negotiating the Settlement

The process of negotiating the settlement of a car accident claim can be stressful and difficult, particularly if you're dealing with expenses for medical treatment and lost wages. Employing an experienced attorney to negotiate on behalf of you with the insurance provider can accelerate the process. An lawyer will better comprehend the law, estimate your total damages and be aware of what to expect in settlement negotiations with an insurance company.

The first step in the settlement process is writing an official demand letter that outlines your request for the amount you require to cover your injuries and expenses. Your attorney can assist you in compiling this information, and also include any other relevant documents to support your request. For instance, if for example you included the insurance adjuster's photos of your car and injuries that were particularly strong your lawyer will make mention of those photos in negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental pain you've experienced because of the accident.

If you engage an attorney to negotiate a settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements. If the insurance company refuses to provide an acceptable settlement, your lawyer will bring a lawsuit and fight for you in court.