Tips For Filing a Car Accident Claim

In states that do not have no-fault insurance, you could be required to sue the driver in a small claims court. You should consider retaining an experienced accident lawyer before taking this step.

The other party's insurer will examine your claim and determine liability for the collision. They will then award compensation for your injuries and car damage as well as for the losses resulting from pain and suffering. The process usually involves the following steps.

Gathering Information

If you are able to do this at the scene of the crash while it is safe and secure, take photographs of all vehicles involved in the accident, including the damage and any injuries incurred. Taking these photographs could help to prove that the crash was as you described it. In addition, take pictures of the accident scene itself and any skid marks or debris that may be present.

It is also vital to collect the names, addresses, and telephone numbers of witnesses, if possible. They may be able to be later called in to testify about the cause of the accident as well as who was responsible. In some instances, eyewitness testimony is the most important evidence in the course of a lawsuit.

Note down the insurance details of everyone involved in the accident. You'll need the name of the insurance company, the policy number, and contact details as well as the license plate number and driver's name. Getting this information as soon as possible can avoid confusion or disputes later on.

Documentation of medical treatment and expenses could be helpful to a claim as well. Keeping receipts for prescription pain medication and other expenses caused by the accident could help support the damages that are claimed in the claim. If you're unable to work due to an injury, you must keep all the lost wages.

Filing the Claim

It is recommended to file a claim as soon after the incident as you can should you be able to. This gives the insurance company an opportunity to go through all of your documents and get to work. This will ensure that you meet the New York law deadlines for filing your claim.

When filing a car insurance claim, you'll need to provide details of the incident and any injuries you suffered as a result. This information will be used to calculate your damages which could include reimbursement for medical bills, lost wages, property damage, as well as pain and suffering.

If necessary the insurance company needs to determine who is the culprit. It can be helpful to have the final police report to aid in this process. It is crucial to remember that determining who is to blame isn't always a simple task. In some cases, even if you think the accident was your fault other factors may have contributed to the crash. For instance, New York is a state of comparative fault, which means that your damages will be diminished by the percentage of fault you have.

The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along when you speak to the adjuster. They can offer an impartial perspective and assist you negotiate a fair settlement. If you're not able to reach a settlement that is satisfactory, you may need to go to court in order to get the money that you deserve.

Inspecting Damages

The insurance company will visit the scene of the accident to examine it for themselves. They'll likely interview you and any other participants in the crash, talk to witnesses and inspect your vehicles. They will also examine your medical records, expenses and lost wages to get an accurate picture of how the auto accident attorney affected you.

While you wait for the police to arrive, snap photos with your mobile phone. This will allow you to record skid marks, the location of both cars and their degree of damage, as well as the presence of any obstructions.

If it is safe, you can exchange insurance and contact information with other drivers involved in the collision. Note down the name of each person and address, along with the telephone number and insurance company, policy numbers and driver's license information. Note the vehicle's make year, year and license plate number.

It's tempting to point fingers at another driver in the heat of the moment however, this could backfire. Be calm and don't acknowledge fault or guilt. It is also a good idea to gather the names and phone numbers of witnesses to the collision, if you can.

Negotiating the Settlement

Negotiating a settlement in the event of an auto accident Law firm auto accident attorneys can be stressful, particularly when you are faced 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 know the law, calculate the total amount of damages you have suffered and be aware of what to expect during settlement negotiations from an insurance company.

The first step in the settlement process is to write an official demand letter that outlines your request for the amount you require to cover your injuries and expenses. Your lawyer can help you in assembling this information and include any relevant documents that support your request. If you provided photos of your vehicle or any injuries that were particularly serious to the insurance adjuster, your lawyer would include them in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and damages, which are based on the mental and emotional anguish you have suffered because of the accident.

If you employ an attorney to negotiate the settlement on your behalf insurance companies will treat your claim with greater care and generally offer higher settlements. If the insurance company refuses to offer an acceptable settlement, your attorney will start a lawsuit and advocate for you in court.