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Tips For Filing a Car Accident Claim

In states with no-fault insurance you could have to file a lawsuit against the driver at a small claims court. Before you do this, you should consult with an experienced accident lawyer.

The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries as well as car damage as well as for losses such a pain and suffering. The process typically involves the following steps.

Gathering Information

If you're able to do so at the scene of the crash while it is still safe and secure, take photographs of all vehicles involved in the crash including the damage, as well as any injuries that were sustained. These photos can be used to show that the accident took place as you described. In addition, take pictures of the scene and any skid marks or other debris that are visible.

If possible, it's essential to get the names, addresses and telephone numbers from eyewitnesses. They may be able be later called in to testify about how the accident occurred and who was at fault. In certain instances, eyewitness testimony can be the most valuable evidence in a case.

Get the insurance information of all parties involved in the crash. You will require the name of the insurance company along with the policy number, contact details, as well as the driver's name and license plate number. It is important to get this information as soon as you can will help avoid disputes or confusion later on.

Documentation of medical expenses and treatments can prove valuable in any claim. In keeping receipts for prescription painkillers and other expenses related to the accident could help support the damages claimed in the claim. If you are unable to work due to your injuries, it is essential to keep records of the wages you lost.

Filing the Claim

If you're able to file a claim it is recommended to make your claim as soon as possible following the incident. This allows the insurance company to examine your documents and begin working. This will ensure that you meet the New York law deadlines for filing your claim.

You'll need to give details regarding the incident including any injuries you suffered. This information is used to calculate damages, which includes compensation for medical expenses lost wages, property damage, and pain and discomfort.

The insurance company will also have to determine fault when necessary. The final police report can be helpful in this regard. It is important to remember that determining the cause of the crash is not always an easy task. Even if you believe that the accident was your fault in certain instances, other factors could have contributed. For instance, New York is a state of comparative fault meaning that your damages will be reduced based on the percentage of fault you have.

The insurance company will assign a case adjuster. It's best to bring your lawyer along during your conversation with the adjuster. They can provide an impartial perspective and assist you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it might be necessary to go to court to secure the compensation you're due.

Examining the damage

They will be keen to visit the auto accident lawsuits scene to see what they can. They'll probably question you and other parties involved in the collision, talk to witnesses and inspect your vehicles. They will also go through your medical records, expenses and lost wages to get an understanding of how the accident affected you.

While you wait for the police to arrive Try taking pictures with your cell phone. This will help document skid marks, locations of both cars, the extent of damage, as well as the presence of any obstructions.

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

It's tempting to point fingers at another driver in the heat of the moment but this could be a backfire. The words you say can be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the incident. It is also recommended to collect the names and numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

Negotiating a settlement in the event of an auto accident can be difficult, especially if you have to deal with expenses for medical treatment and lost income. Employing an experienced attorney to handle all negotiations on behalf of you with the insurance provider can speed up the process. An attorney will have a better knowledge of the law and the best way to calculate your total losses and damages and what you can expect from an insurance company during settlement negotiations.

The first step in the settlement process is to prepare a demand letter that includes your request for the amount you need to cover your injuries and expenses. Your lawyer can assist you create this list and include any other relevant documents to support your request. If you have sent pictures of your car or other injuries that were particularly serious to the insurance adjuster, your lawyer would include them in negotiations. In addition, your attorney will remind the 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 engage an attorney to negotiate a settlement on behalf of you. They will also offer a higher settlement. If the insurance company refuses to offer a fair settlement, your attorney will file a lawsuit and represent you in court.