Tips For Filing a Car Accident Claim

In states where there is no no-fault insurance you could have to sue the driver at a small claims court. Before taking this action you should speak with an experienced auto accident attorney attorney.

The insurance company of the other party will examine your claim and determine liability for the collision. They will then award compensation for your injuries as well as car damage, as well as losses such a pain and suffering. The process usually consists of the following steps.

Gathering Information

Take photos of the vehicles involved in the collision. Include any injuries or damages. These photographs will show that the accident took place as you described. Also, take photos of the scene, including any skid marks or debris that are visible.

It is also crucial to get the names, addresses and telephone numbers of witnesses, if possible. They may be able to testify later as to the circumstances of the accident and who was responsible. In certain instances eyewitness testimony could be the most valuable evidence in a case.

Note down the insurance details of all parties involved. You'll require the name of the insurance company, policy number and Auto Accident contact details, as well as the driver's name and license plate number. These details should be obtained as soon as you can to avoid any doubts or disputes later.

Documentation of expenses and medical treatment can be helpful to an insurance claim too. In keeping receipts for prescription pain medications and other expenses caused by the crash could be helpful in proving claims for damages in the claim. If you are unable to work due to an injury, you should keep all the lost wages.

Filing the Claim

It is recommended to submit a claim as fast after the accident as possible should you be able to. This gives the insurance company the chance to review all of your documents and then get to work. This will ensure that you are in compliance with the New York law deadlines for filing your claim.

You'll have to provide information about the accident, including any injuries you sustained. This information is used to calculate damages, which includes the amount of compensation for medical expenses, lost wages, damage to property and discomfort and pain.

If required the insurance company will have to determine who is to blame. The final police report may be useful for this. However, it is important to remember that determining fault is not always easy. Even if you believe that the crash was your fault in certain cases, other factors could have contributed. For example, New York is a state of comparative fault meaning that your damages will be reduced based on your percentage of fault.

The insurance company will assign a case adjuster. It's a good idea to bring your lawyer along when you speak to the adjuster. They'll provide an objective view and help you negotiate an equitable settlement. If you're unable come to a settlement that is acceptable, you may have to go to court in order to get the money that you deserve.

Examining the damage

They will want to go to the scene of the accident to see for themselves. They may interview you as well as other people involved in the crash, talk to witnesses and inspect your vehicles. They will also review your medical records, expenses and lost wages to provide an understanding of how the accident affected you.

While you are waiting for the police, take pictures with your phone. This will allow you to record skid marks, locations of both cars and their extent of damage, and the presence of any obstructions.

During this time it is recommended to make sure to exchange contact information and insurance details with other drivers involved in the accident, if safe to do this. Note down each person's name and address, as well as their phone number and insurance company, policy numbers, auto accident and driver's license information. Note the vehicle's model year, year and license plate.

It may be tempting to blame another driver in the heat of the moment however, this could backfire. Be calm and don't admit fault or guilt. If you are able, it's a good idea to also collect the names and contact numbers of witnesses who witnessed the collision.

Negotiating the Settlement

Settlement negotiations for an auto accident can be difficult, especially if you must deal with medical bills and loss of income. Fortunately the process can be speeded by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a better understanding of the law and the best way to calculate your total loss and damages, and what to expect from an insurance company during settlement negotiations.

The first step in the settlement process is to prepare an offer letter that contains your request for the amount you need to pay for your injuries and expenses. Your attorney can assist you in compiling the information, and include any supporting documents that support your demand. If you provided photos of your vehicle or injuries that were especially severe to the insurance adjuster, your lawyer will be sure to mention them during negotiations. Your attorney will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony you have endured as a result of the collision.

If you engage a lawyer to negotiate a settlement on behalf of you insurance companies will treat your claim much more seriously and generally offer higher settlements. If the insurance company refuses to provide an equitable settlement, your lawyer will start a lawsuit and fight for you in court.