Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance policies, you may need to sue the other driver in small claims court. It is recommended to hire an experienced lawyer for accidents prior to making this decision.

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 and car damage, as well as expenses such as pain and suffering. The process typically involves the following steps:

Gathering Information

If you're able to do so at the site of the collision while you are still in a safe place you should take photos of all the vehicles involved in the accident, including the damage and any injuries that were sustained. These photos can help to prove that the crash occurred as you've described. Take pictures of the accident site, including any skidmarks or other debris.

It is also essential to get the names, addresses and phone numbers of eyewitnesses, when possible. They could be later able to provide evidence about the circumstances surrounding the incident and who is responsible. In certain instances eyewitness testimony is the most valuable evidence in the case.

Make note of the insurance details of all parties involved in the crash. You'll need the name of the insurance company, 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 to avoid any confusion or disputes later on.

Documentation of expenses and medical treatment can prove valuable in the claimant as well. In keeping receipts for prescription pain medication and other expenses incurred as a result of the accident can help prove claims for damages in the claim. If you're unable for work because of an injury, you must keep the record of any wages lost.

Filing the Claim

It's best to make a claim as soon after the auto accident attorney as soon should you be able to. This gives the insurance company the chance to look over all your documents and get to work. It will also ensure that your claim is in compliance with the deadlines set by New York law.

You'll need to provide specifics about the accident including any injuries you sustained. This information is used to calculate damages. This includes compensation for medical expenses loss of wages, damage to property as well as discomfort and pain.

The insurance company will need to determine fault, if necessary. The final police report could be helpful in this regard. However it is crucial to keep in mind that determining fault isn't always easy. In some instances even if you believe the auto accident lawsuits was your fault, other factors may be responsible for it. New York, for example, is a state that has a relative negligence system, which means your damages are reduced according to the proportion of your fault.

The insurance company will assign an adjuster for cases. It's recommended to have your lawyer with you during your conversation with the adjuster. They'll be able to provide an objective viewpoint and assist you negotiate an equitable settlement. If you're not able to reach a settlement that is acceptable, you may have to go to court in order to obtain the compensation you deserve.

Inspecting Damages

The insurance company may want to visit the scene of the accident to examine the scene for themselves. They'll likely interview you and other people involved in a crash, speak to eyewitnesses, and examine your vehicles. They will also scrutinize your medical records, your expenses, and lost wages to have a better understanding of the accident's impact on you.

While you are waiting for the police, Auto Accident Lawsuits take photos with your mobile phone. This will allow you to document the damage and skid marks on both cars, as well as the exact location of the cars.

If you are sure, you can exchange contact and insurance information with other drivers involved in the collision. Note down the name of each person and address, as well as their phone number and the insurance company's policies numbers, and driver's license information. Also note the car's model the year, make and license plate number.

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

Negotiating the Settlement

Negotiating the settlement of a car accident claim can be a stressful and frustrating, especially when you're dealing with costs for medical expenses and lost wages. Hiring an experienced lawyer to handle all negotiations on behalf of you with the insurance company could expedite the process. An attorney will be able to better know the law, calculate your total damages and understand what to anticipate during settlement negotiations with an insurance company.

The first step is to draft an official letter of demand that includes the amount you require to pay for your medical expenses and other injuries. Your attorney can help in compiling this information, and include any supporting documents that support your demand. For instance, if have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly severe, your lawyer will mention these during negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental agony you have suffered due to the accident.

If you employ a lawyer to negotiate the settlement on your behalf Insurance companies take claims much more seriously and generally offer higher settlements. If the insurance company refuses to offer a fair settlement, your attorney will bring a lawsuit and represent you in court.