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 accident attorney.

The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award compensation for your injuries and vehicle damage, and also for damages such as pain and suffering. The process usually involves the following steps:

Gathering Information

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

If possible, it is crucial to collect the names, addresses and telephone numbers of witnesses. They may be able be later called in to testify about the cause of the accident as well as who was responsible. In certain instances, eyewitness testimony is the most important evidence in a lawsuit.

Make note of the insurance details of all parties involved in the wreck. You will require the name of the insurance company as well as the policy number and contact information, as well as the driver's name and license plate number. It is important to get this information as soon as you can could avoid conflicts or confusion later.

Documentation of medical treatment and expenses can be useful to any claim. Maintaining receipts for prescription painkillers and other expenses incurred as a result of the accident could help support claims for damages in the claim. If you're unable to work because of an injury, you must keep the record of any wages lost.

Claim Form

It is recommended that you file a claim as soon following the accident as should you be able to. This gives the insurance company the chance to review all of your paperwork and get to work. It also ensures that your claim is within the deadlines set by New York law.

You'll need to provide specifics regarding the incident and any injuries you may have sustained. The information you provide will be used to calculate damages. This includes reimbursement for medical expenses, lost wages, damage to property as well as pain and discomfort.

If it is necessary, the insurance company will need to determine who is at fault. It is helpful to have the final police report available for this purpose. It is important to remember that determining the cause of the crash isn't always a simple task. In some cases, even if you think the auto accident lawsuit was your fault, other factors may have contributed to it. For instance, 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 is important to have your attorney present when you talk to the adjuster. They'll provide an objective view and help you negotiate a fair settlement. If you're unable agree on a settlement that's acceptable, you may have to go to court to obtain the compensation you are entitled to.

Examining the damage

The insurance company will want to visit the scene of the accident to see it for themselves. They may interview you and any other participants in the crash, talk to witnesses and inspect your vehicles. They will also scrutinize your medical records, your expenses, and lost wages to get a clearer picture of the impact of the crash on you.

While you are waiting for the police to arrive, snap photos with your mobile phone. This will help you document skid marks, the locations of both cars, the extent of damage, as well as the presence of any obstructions.

If it's safe you can exchange insurance and contact information with the other drivers involved in the accident. Note down the names, addresses, phone number, insurance company's policy number, and driver's license information for each person. Also note the car's model, year and license plate number.

In the heat of the situation, it can be tempting to blame the other driver. However, this can backfire. Be calm and don't admit fault or guilt. It is also an excellent idea to collect the names and contact numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

Negotiating a settlement for an auto accident can be difficult, especially if you must deal with expenses for medical treatment and lost income. 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, estimate your total damages, and know what to expect during settlement negotiations from an insurance company.

The first step in the settlement process is to prepare an official demand letter that outlines your demand for the amount you require to cover your injuries and expenses. Your lawyer can assist you in assembling this information and include any documents that support your request. For example, if you sent the insurance adjuster photos of your car and injuries that were particularly strong the lawyer will refer to these during negotiations. Your attorney will also remind the adjuster about your pain and suffering damages. These are based on emotional distress and mental agony that you've suffered due to the accident.

Insurance companies will consider your claim more seriously if hire an attorney to negotiate the settlement on behalf of you. They may also offer a higher settlement. Your lawyer can bring a lawsuit if the insurance company refuses to offer a fair settlement.