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Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance, you might need to sue the other driver in a small claims court. You should think about hiring an experienced lawyer in the field prior to taking this step.

The insurance company for the other party will investigate your claim to determine liability for the collision and award compensation for your injuries, car damage, and other losses, such as pain and suffering. The process usually includes the following steps:

Gathering Information

If you're able do so at the scene of the accident while it is still safe you should take photos of all the vehicles involved in the crash including the damage as well as any injuries sustained. These photographs will prove that the accident happened as you described it. Also, take photos of the accident scene itself, including any skid marks or debris that are visible.

If possible, it's important to get the names, addresses, and telephone numbers from eyewitnesses. They may be able provide evidence later on as to the cause of the auto accident law firms (view website) as well as who was at fault. In some instances, eyewitness testimony is the most reliable evidence in the course of a lawsuit.

Get the insurance information of all those who were involved in the accident. You'll need the insurance company name along with the policy number, contact details, as well as the driver's name and license plate number. This information should be obtained as soon as you can to avoid any doubts or disputes later.

Documentation of medical treatment and expenses can prove valuable in an insurance claim too. Keep receipts for prescription medicines and other costs caused by the accident. This can be used to support the damages you claim. In addition, if you're disabled from work because of injuries, it's vital that you keep records of the wages you lost.

Claim Form

It is best to submit a claim as fast following the accident as if you can. This will allow the insurance company to review your documents and get to work. It also ensures that your claim will be processed within the deadlines set by New York law.

You'll have to provide information about the accident including any injuries that you suffered. The information you provide will be used to calculate your damages which may include compensation for medical bills, lost wages, property damage, and the suffering.

The insurance company will need to determine fault, should it be necessary. It can be helpful to have the final police report available for this purpose. However it is crucial to remember that determining fault isn't always easy. Even if you believe the crash was your fault in certain instances, other factors could have contributed. For instance, New York is a state that is a comparative fault one, which means that your damages will be reduced by the percentage of fault you have.

The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you as you talk to the adjuster. They can offer an impartial view and assist you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it may be necessary to go to trial to receive the compensation you're entitled to.

Examining the damage

They will want to visit the scene of the crash to see for themselves. They will probably interview you as well as other people involved in the crash, talk to witnesses, and examine your vehicles. They will also review your medical records, expense reports, and lost wages in order to get a clearer picture of the effect that the accident had on you.

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

During this time it is recommended to share contact and insurance information with other drivers involved in the auto accident, if it is safe to do this. Note down each person's name and address, along with the telephone number and the insurance company's policy numbers and driver's license information. Note the car's make year, year, and license plate number.

It's tempting to blame another driver in the heat of the moment but this could end up backfiring. Be calm and don't acknowledge fault or guilt. If you are able, it's a good idea to also collect the names and numbers of any witnesses who 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 the cost of medical bills and lost wages. Fortunately it is possible to expedited by hiring an experienced lawyer to handle all negotiations with the insurance company on your behalf. An lawyer will have a better knowledge of the law, how to calculate the total amount of your 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 your demand letter, which includes your request for the amount you need to pay for your injuries and expenses. Your lawyer can help 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 mention them during negotiations. Your attorney will remind the adjuster of the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony that you've endured as a result of the collision.

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