Tips For Filing a Car Accident Claim

In states without no-fault insurance you could have to file a lawsuit against the driver at a small claims court. Before you take this action, you should consult with an experienced attorney for accidents.

The insurance company for the other party will examine your claim to determine liability for the collision and award compensation for your injuries, car damage, and losses 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 it is still safe and secure, take photographs of all vehicles involved in the crash including the damage as well as any injuries sustained. These photos can be used to establish that the incident occurred as you described. Also, take pictures of the accident scene itself, including any skid marks or other debris that are present.

It is also essential to collect the names, addresses and phone numbers of eyewitnesses, if possible. They may be able later to testify as to the circumstances surrounding the incident and who was at fault. In certain instances, eyewitness testimony is the most important evidence in a lawsuit.

Note down the insurance details of all the parties involved in the wreck. You'll need the name of the insurance company and 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 could prevent conflicts or confusion later.

Documentation of medical expenses and treatments could be extremely helpful for claims. Keep receipts for prescription medications and other costs resulted from the accident. This can be used to support the damages you claim. In addition, if you're in a position of being unable to work because of injuries, it's crucial to keep an eye on your lost wages.

Filing the Claim

It is best to start a claim as quickly after the auto accident lawsuits as soon if you can. This will allow the insurance company to review your documents and begin working. This ensures that you're in compliance with the New York law deadlines for filing your claim.

You'll need to give details about the accident, including any injuries you may have sustained. The information you provide will be used to calculate damages, which includes reimbursement for Auto Accident medical expenses, loss of wages, damage to property and discomfort and pain.

If required the insurance company will need to determine who is to blame. It is helpful to have the final police report available for this purpose. However it is important to keep in mind that determining fault is not always straightforward. In some instances even if you believe the crash was your fault other factors might have contributed to the crash. New York, for example, is a state that has a comparative negligence system, which means that your damages are diminished by the proportion of your fault.

The insurance company will assign an adjuster for cases. It's a good idea to have your lawyer with you when you speak to the adjuster. They'll give you an objective view and help you negotiate an equitable settlement. If you're unable to reach a settlement that is acceptable, you may have to go to court to receive the money you are entitled to.

Inspecting Damages

The insurance company may want to visit the scene of the crash to observe it for themselves. They'll likely question you and any other parties who were involved in the collision and speak with witnesses, and examine your vehicle. They will also review your medical records, expenses, and lost wages in order to obtain a more precise picture of the auto accident lawsuits's impact on you.

While you are waiting for the police to arrive, snap pictures with your phone. This will allow you to document the damage and skid marks on both vehicles and also the location of the cars.

In this instance you should share contact and insurance information with other drivers involved in the accident, if safe to do this. Note down the name of each person address, phone number, address and insurance company, policies numbers, and driver's license information. Note the vehicle's make, year, and license plate number.

It may be tempting to blame another driver in the midst of a crisis however, this could backfire. Angry remarks could be used against you in court Be calm and avoid admitting any guilt or blame at the scene of the collision. It's also an ideal idea to record the names and numbers of witnesses to the collision, if you can.

Negotiating the Settlement

The process of negotiating a settlement after an auto accident can be stressful, especially when you must deal with expenses for medical treatment and lost income. Fortunately it is possible to speeded up by hiring a skilled lawyer to handle all negotiations with the insurance company on your behalf. An attorney will have a better knowledge of the law and the best way to calculate your total losses and damages and what to expect from an insurance company during settlement negotiations.

The first step in the settlement process is to draft an official demand letter that outlines your request for the amount you require to cover your injuries and expenses. Your attorney can help compile this information and include any other documentation that supports your request. If you sent photos of your car or other injuries that were particularly serious to the insurance adjuster, your lawyer will mention them during negotiations. Additionally, your lawyer will remind the insurance adjuster of your suffering and damages that are based on the mental and emotional anxiety you've experienced as a result of the accident.

Insurance companies will treat your claim more seriously if you employ an attorney to negotiate a settlement on behalf of you. They will also offer a higher settlement. The lawyer will start a lawsuit if the insurance company refuses to pay a fair settlement.