Tips For Filing a Car Accident Claim
In states where there is no no-fault insurance you could be required to sue the driver in a small claims court. It is recommended to hire an experienced accident lawyer prior to taking this step.
The insurance company of the other party will examine your claim and determine liability for the collision. They will then award you compensation for your injuries and car damage as well as for damages such as pain and suffering. The process typically involves the following steps:
Gathering Information
If you're able to do so at the site of the accident while it is still safe to do so, take pictures of all the vehicles involved in the accident including the damage, as well as any injuries that may have occurred. These photos can help to prove that the incident occurred as you have described. In addition, take pictures of the
auto accident lawsuits scene itself, including any skid marks or debris that may be present.
If possible, it is essential to get the names, addresses, and telephone numbers from eyewitnesses. They may be able to testify later as to what caused the
Auto accident Law firm 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 all the parties involved in the crash. You'll require the name of the insurance company, policy number and contact information, as well as the driver's name and license plate number. This information should be gathered as soon as you can to avoid issues or confusion later on.
Documentation of medical treatment and expenses can prove valuable in any claim. Keep receipts of prescription medication and other costs resulted from the accident. This can be used to support the damages you claim. Also, if you are disabled from work because of your injuries, it's essential to keep the track of your wages lost.
Filing the Claim
It is best to start a claim as quickly following the accident as should you be able to. This will allow the insurer to review your documents and begin working. It also ensures that your claim meets the deadlines set by New York law.
When filing an insurance claim for a car when filing a claim, you'll need details about the accident and any injuries that you sustained due to it. The information you provide will be used to calculate your damages which could include compensation for medical bills, lost wages, property damage, and the pain and suffering.
If required, the insurance company will have to determine who is responsible. It is helpful to have the final police report available for this purpose. It is important to keep in mind that determining the cause of the crash isn't always an easy task. Even if you believe the accident was your fault in a few instances, other factors could have contributed. New York, for example is a state that has a comparative negligence system, meaning your damages are diminished by the percentage of your fault.
The insurance company will assign an adjuster to your case. It's a good idea bring your lawyer along when you speak to the adjuster. They'll be able to provide an objective viewpoint and assist you negotiate an acceptable settlement. If you're not able to reach a satisfactory settlement, it might be necessary to go to trial to get the money you're entitled to.
Examining the damages
They will want to visit the scene of the crash to see the scene for themselves. They may interview you as well as other people involved in the accident, talk to eyewitnesses and look at your vehicles. They will also review your medical records,
Auto Accident Law Firm your expenses and lost wages to get an accurate picture of how the accident affected you.
While you are waiting for the police to arrive, take photos with your mobile phone. This will allow you to record skid marks, the locations of both cars and their severity of damage, and the presence of any obstructions.
During this time, you should exchange contact and insurance information with the other drivers involved in the accident, if safe to do this. Note down the name, address, phone number, insurance company, policy number, and driver's licence details of each driver. Also note the vehicle's make year, year and license plate number.
It may be tempting to blame another driver in the heat of the moment but this could end up backfiring. Keep your cool and don't acknowledge fault or guilt. If possible, it's good idea to gather the names and contact numbers of witnesses who witnessed the collision.
Negotiating the Settlement
Negotiating the settlement of a car accident claim can be a stressful and difficult, particularly if you're dealing with costs for medical expenses and lost wages. Hiring an experienced attorney to handle all negotiations on behalf of you with the insurance company will make the process easier. An attorney will have a better knowledge of the law and 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 compose a demand letter that contains the amount you require to pay for your medical expenses and other injuries. Your lawyer can assist you in compiling the information, and include any documents that support your request. For example, if you have provided the insurance adjuster with photographs of your vehicle and
Auto accident law firm injuries that were particularly severe your lawyer will make mention of those photos in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages that are based on the emotional distress and mental anxiety you've endured as a result of the accident.
Insurance companies will treat your claim more seriously if you engage an attorney to negotiate a settlement on behalf of you. They will also offer a greater settlement. The lawyer will pursue a lawsuit if an insurance company refuses to offer a fair settlement.