Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance, you could be required to file a lawsuit against the other driver in small claims court. Before taking this action, you should consult with an experienced accident attorney.

The other party's insurance provider will examine your claim to determine the liability for auto accident the collision and compensate you for your injuries, car damage and other losses, including pain and suffering. The process usually consists of the following steps.

Gathering Information

Take photos of the vehicles involved in the accident. Include any damage and injuries. Photographs can be used to prove that the accident occurred as you have described. Take pictures of the scene of the accident, and include any skidmarks, debris or skid marks.

It is also essential to get the names, addresses, and telephone numbers of eyewitnesses, if possible. They could be later able to testify on what transpired and who was at fault. In some cases eyewitness testimony is the most important evidence in a lawsuit.

Note down the insurance details of all the parties involved. You will need to know the name of the insurance company along with the policy number and contact details along with the license plate number and driver's name. Getting this information as soon as possible could prevent any confusion or disputes later.

Documentation of medical treatment and expenses can be valuable to a claim as well. Keep receipts for prescription drugs and other costs resulted from the accident. This could help support the damages you claim. If you are not able to work due to the injuries you sustained, it is crucial to keep the track of your wages lost.

Filing the Claim

If you're able to file a claim it is recommended to start your claim as soon as possible following the incident. This gives the insurance company the opportunity to review all of your documents and then get to work. It also ensures that your claim meets the deadlines set by New York law.

If you are filing a car insurance claim when filing a claim, you'll need details about the accident and any injuries you sustained due to it. This information will be used to calculate your damages which could include compensation for medical bills, lost wages property damage, as well as the pain and suffering.

If it is necessary the insurance company will have to determine who is the culprit. It is beneficial to have the final police report available to aid in this process. However it is essential to keep in mind that determining fault is not always straightforward. In some cases, even if you think the accident was your fault other factors might have contributed to the crash. For example, New York is a state that is a comparative fault one which means that your damages will be reduced based on your percentage of fault.

The insurance company will assign an adjuster to your case. It's best to have your lawyer with you while you speak with the adjuster. They'll be able to offer an objective view and help you negotiate an acceptable settlement. If you're not able to reach a settlement that is acceptable, you may have to take your case to court to obtain the compensation you deserve.

Examining the damages

They will like to visit the scene of the accident to witness what they can. They'll probably question you and the other people involved in the crash, talk with witnesses and inspect your vehicles. They will also examine your medical records, your expenses, and lost wages in order to gain a better understanding of the impact that the accident had on you.

While you are waiting for the police, take photos with your mobile phone. This will help document skid marks, the location of both vehicles and the degree of damage, as well as the presence of any obstructions.

In this instance you should make sure to exchange contact information and insurance details with other drivers in the accident, if safe to do so. Note down each person's name address, phone number, address and insurance company, policy numbers, and driver's license information. Note the make, year and license plate.

It's tempting to point fingers at another driver in the heat of the moment, but this can backfire. Keep your cool and don't acknowledge fault or guilt. It is also recommended to collect the names and telephone numbers of witnesses to the auto accident attorney, if they are able to.

Negotiating the Settlement

Settlement negotiations for an auto accident can be stressful, particularly when you have to pay medical bills and loss of income. Hiring an experienced lawyer to conduct all negotiations on your behalf with the insurance company could speed up the process. An lawyer will have a better understanding of the law and the best way to calculate your total loss and damages and what you can expect from an insurance company during settlement negotiations.

The first step in the settlement process is writing an offer letter that contains your request for the amount that you require to cover your injuries and expenses. Your attorney can help you gather this information and also include any other relevant documents to support your request. For instance, if provided the insurance adjuster with photos of your car and injuries that were particularly strong and significant, your lawyer will highlight those during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages, which are based on the mental and emotional stress you've suffered as a result of the accident.

If you engage an attorney to negotiate the settlement on your behalf Insurance companies take claims more seriously and typically offer higher settlements. If the insurance company refuses to offer a fair settlement, your lawyer will start a lawsuit and fight for you in court.