Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance, you may be required to sue another driver in small claims court. Before you do this you should talk to an experienced attorney for accidents.

The insurance company of the other side will examine your claim to determine the liability for the collision and provide compensation for your injuries, car damage, and other losses, including pain and suffering. The process usually involves the following steps.

Gathering Information

Take photographs of the cars involved in the collision. Include any injuries or damages. Photographs can be used to prove that the crash occurred as you have described. Take pictures of the auto accident Lawsuits site, including any skidmarks, debris or skid marks.

It is also important to collect the names, addresses and telephone numbers of witnesses, if possible. They could be later able to testify as to what happened and who was responsible. In some cases eyewitness testimony is the most important evidence in the course of a lawsuit.

Note down the insurance details of all parties involved. You will require the insurance company's name as well as the policy number and contact information, as well as the driver's name and license plate number. In the event that you can get this information as quickly as you can could avoid any confusion or disputes later.

Documentation of expenses and medical treatment can be valuable to a claim as well. Maintaining receipts for prescription painkillers and other expenses that result from the accident could help support the damages claimed in the claim. If you are unable to work due to an injury, you must keep track of any lost wages.

Filing the Claim

It is recommended that you make a claim as soon after the accident as possible when you are able to. This will allow the insurer to review your documents and begin working. 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 that you may have sustained. The information you provide will be used to calculate damages. This includes reimbursement for medical expenses, lost wages, property damage as well as discomfort and pain.

If required the insurance company will need to determine who is responsible. The final police report may serve as a reference point. It is important to keep in mind that determining the fault isn't always a simple task. In some instances even if you believe the crash was your fault other factors could have contributed to the crash. New York, for example is a state that has a comparative negligence system, which means that your damages are reduced by the percentage of your fault.

The insurance company will assign an adjuster to your case. You should have your attorney with you when you talk to the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you're unable agree on a settlement that's satisfactory, you may have to go to court in order to get the money that you deserve.

Inspecting the damages

They will be keen to visit the accident scene to see what they can. They'll likely interview you and the other parties who were involved in the collision and speak with witnesses, and inspect your vehicle. They will also scrutinize your medical records, your expenses, and lost wages to gain a better understanding of the accident's impact on you.

While you wait for the police to arrive, take pictures with your phone. This will allow you to record the skid marks and damage on both vehicles, as well as the location of the cars.

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

In the heat of the situation, it may be tempting to blame the other driver. But, this could backfire. Angerful remarks can be used against you in court Be calm and don't admit any fault or guilt at the scene of the auto accident. If you can, it's a good idea to also collect the names and telephone numbers of anyone who witnessed the collision.

Negotiating the Settlement

The process of negotiating the settlement of a car accident claim can be difficult and stressful, especially when you're facing medical bills and lost wages. Hiring an experienced attorney to negotiate on your behalf with the insurance company can make the process easier. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered and also know what to expect in settlement negotiations with an insurance company.

The first step is to draft a demand letter that includes the amount you need to cover your costs and injuries. Your lawyer can assist you compile this information and include any other documents to support your request. If you submitted photos of your car or other injuries that were especially severe to the insurance adjuster, your lawyer would be sure to mention them during negotiations. In addition, your attorney will remind the adjuster of your pain and damages which are based on the mental and emotional stress you've suffered as a result of the accident.

If you employ an attorney to negotiate a settlement on behalf of you Insurance companies take claims much more seriously and usually offer higher settlements. If the insurance company refuses to offer an equitable settlement, your attorney will start a lawsuit and advocate for you in court.