Tips For Filing a Car Accident Claim

In states that do not have no-fault insurance, you could be required to sue the driver in a small claims court. You should think about hiring an experienced accident lawyer prior to making this decision.

The insurer of the other party will examine your claim and determine the liability for the collision. They will then award you compensation for your injuries and vehicle damages as well as the losses resulting from pain and suffering. The process typically involves the following steps:

Gathering Information

If you're able to do so at the scene of the crash while it is safe and secure, take photographs of all vehicles involved in the crash including the damage and any injuries that may have occurred. These photographs will prove that the accident happened in the manner you described it. Additionally, take photographs of the auto accident lawyer scene itself, including any skid marks or vehicle debris that are visible.

If possible, it is important to obtain the names, addresses, and phone numbers of eyewitnesses. They may be able later to testify about what transpired and who is responsible. In some instances eyewitness testimony is the most valuable piece of evidence in the case.

Note down the insurance details of all parties involved. You will need the insurance company name as well as the policy number and contact information, as well as the driver's name and license plate number. This information should be gathered immediately to avoid any confusion or disputes later on.

Documentation of expenses and medical treatment can be useful to a claim as well. Keep receipts of prescription medication and other expenses caused by the accident. This can help in proving the damages you claim. If you are disabled from work because of your injuries, it's crucial to keep the track of your wages lost.

Claim Form

If you're able to file a claim it is recommended to start your claim as soon as you can after the incident. This allows the insurer to review your documents and begin working. It will also ensure that your claim is in compliance with the deadlines set by New York law.

You'll need to provide specifics regarding the incident, including any injuries you suffered. This information will be used to calculate your damages which may include compensation for medical bills, lost wages, property damage, as well as the pain and suffering.

The insurance company will also have to determine fault when necessary. The final police report may be helpful for this. However it is important to remember that determining fault isn't always straightforward. Even if you believe the accident was your fault in certain instances, other factors could have contributed. For example, New York is a state of comparative fault which means that your losses will be reduced according to the percentage of fault you have.

The insurance company will assign an adjuster to your case. You should have your lawyer present during your conversation with the adjuster. They can provide an impartial view and assist you to negotiate a fair settlement. If you are unable to reach a satisfactory settlement, it could be necessary to go to trial to receive the compensation you deserve.

Inspecting the damage

The insurance company will visit the scene of the accident to see it for themselves. They will likely interview you and any other parties involved in the crash and speak with witnesses, and inspect your vehicle. They will also examine your medical records, your expenses and lost wages to get an understanding of how the accident affected you.

While you wait for police to arrive at the scene, try to take pictures using your mobile phone. This will allow you to record the skid marks and damage on both vehicles as well as the location of the vehicles.

If it's safe you can exchange contact and insurance information with other drivers involved in the crash. Note down the names, addresses, phone number, insurance company's policy number, and driver's license details of each driver. Note the vehicle's make year, make, and license plate number.

It's tempting to blame another driver in the heat of the moment however, this could backfire. Keep your cool and don't admit to fault or guilt. It's also a good idea to gather the names and telephone numbers of witnesses who witnessed the collision, if you can.

Negotiating the Settlement

The process of negotiating the settlement of a car crash claim can be difficult and a bit frustrating, especially when you're faced with medical bills and lost wages. Fortunately the process can be expedited by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered, and know what to expect during settlement negotiations with an insurance company.

The first step in the settlement process is to write your demand letter, which includes your demand for the amount you require to cover your injuries and expenses. Your lawyer can help you in compiling the information, and also include any other relevant documents to support your demand. For example, if you provided the insurance adjuster with photos of your car and injuries that were particularly serious, your lawyer will mention those photos in negotiations. Your attorney will remind the adjuster of the damages you suffered due to pain and suffering. These are based on the emotional stress and mental pain you've suffered as a result of the accident.

If you employ a lawyer to negotiate a settlement on your behalf Insurance companies take claims more seriously and typically offer higher settlements. If the insurance company refuses to provide an equitable settlement, your attorney will make a claim and advocate for you in court.