Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance policies, you may have to sue the other driver in small claims court. Before you take this action it is recommended to consult an experienced accident lawyer.

The insurer of the other party will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and damage, and also for expenses such as pain and suffering. The process typically includes the following steps:

Gathering Information

If you're able do this at the scene of the crash while it is safe to do so, take pictures of all the vehicles involved in the accident including the damage, as well as any injuries incurred. These photographs can help show that the accident took place as you described it. Photograph the scene of the accident, and include any skidmarks or other debris.

If you can, it is essential to get the names, addresses, and telephone numbers from eyewitnesses. They may be able later to testify on the circumstances surrounding the incident and who was at fault. In some instances, eyewitness testimony is the most valuable evidence in the course of a lawsuit.

Get the insurance information of everyone involved in the accident. You'll require the insurance company's name along with the policy number, contact information, along with the driver's name and license plate number. Getting this information as soon as possible could prevent confusion or disputes later on.

Documentation of medical expenses and treatments can also be very valuable to support claims. Keeping receipts for prescription pain medications and other expenses caused by the wreck could support claims for damages in the claim. Also, if you are in a position of being unable to work because of injuries, it's important to keep an eye on your lost wages.

Claim Form

It's best to start a claim as quickly after the incident as you can in the event that you are able. This gives the insurance company an chance to look over all your documents and get to work. This ensures that you meet the New York law deadlines for filing your claim.

You'll need to provide specifics about the accident, including any injuries you may have sustained. This information will be used to calculate the amount of damages you've suffered, which could include reimbursement for medical bills, lost wages, property damage, and the pain and suffering.

The insurance company will also have to determine fault when necessary. The final police report may be helpful in this regard. It is crucial to keep in mind that determining the fault isn't always an easy task. Even if you believe that the accident was your fault in a few cases, other factors may have contributed. For example, New York is a state of comparative fault, which means that your damages will be diminished by your percentage of fault.

The insurance company will assign an adjuster for cases. You should bring your lawyer with you when you talk to the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you are unable to reach an acceptable settlement, it could be necessary to go to trial to get the amount you're due.

Inspecting the damages

They will want to visit the scene of the accident to witness for themselves. They'll likely speak with you and any other parties involved in the crash as well as interview witnesses and examine your vehicle. They will also look over your medical records, your expenses, and lost wages to obtain a more precise picture of the auto accident attorneys accident law firms (webthemes.ca)'s impact on you.

While you wait for the police, take pictures with your phone. This will help you document skid marks, the locations of both vehicles, their extent of damage, and the presence of any obstructions.

During this time, you should make sure to exchange contact information and insurance details with the other drivers involved in the accident, if it is safe to do this. Note down each person's name and address, along with the telephone number and insurance company, policies numbers, and driver's license information. Note the make year, year and license plate.

It's tempting to point fingers at another driver in the midst of a crisis, but this can backfire. Angry remarks could be used against you in court Be calm and avoid admitting any guilt or blame at the scene of the incident. If possible, it's a good idea to also collect the names and contact numbers of any eyewitnesses that witnessed the collision.

Negotiating the Settlement

The process of negotiating the settlement of a car crash claim can be stressful and a bit frustrating, especially when you're facing medical bills and lost wages. Fortunately it is possible to speeded by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will have a better understanding of the law, how to calculate the total amount of your losses and damages and what to expect from an insurance company during settlement negotiations.

The first step is to write your letter of demand which contains the amount you require to cover your expenses and injuries. Your lawyer can assist you in compiling this information, and include any relevant documents to support your demand. If you submitted photos of your car or other injuries which were particularly serious to the insurance adjuster, your lawyer will be sure to mention them during negotiations. Your attorney will remind the adjuster of your damages for pain and suffering. These are based on the emotional stress and mental agony you have suffered due to the auto accident lawsuit.

If you engage an attorney to negotiate a settlement on your behalf, insurance companies treat claims much more seriously and usually offer higher settlements. Your lawyer will pursue a lawsuit if an insurance company refuses to offer a fair settlement.