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Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance, you could need to sue the other driver in small claims court. You should consider retaining an experienced lawyer for accidents prior to taking this step.

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

Gathering Information

If you're able do so at the site of the crash, while it is safe to do so, take pictures of all the vehicles involved in the accident, including the damage and any injuries that were sustained. Taking these photographs could help to prove that the accident occurred as you've described. Photograph the accident site, including any skidmarks or other debris.

If you can, it is important to obtain the names, addresses and telephone numbers from eyewitnesses. They might be able to witness later in the case about the circumstances of the accident and who was at fault. In certain cases eyewitness testimony could be the most valuable piece of evidence in a case.

Take down the insurance information of all the parties involved in the auto accident attorneys. You'll need the name of the insurance company along with the policy number and the contact information as well as the license plate number and driver's name. In the event that you can get this information as quickly as you can will help avoid confusion or disputes later on.

Documentation of medical expenses and treatments can be useful to the claimant as well. In keeping receipts for prescription pain medications and other expenses incurred as a result of the crash could be helpful in proving the damages claimed in the claim. Also, if you are not able to work due to your injuries, it is crucial to keep an eye on your lost wages.

Claim Form

If you are able to file a claim it is recommended to make your claim as soon as you can following the accident. This gives the insurer the opportunity to review all of your documents and then get to work. It will also ensure that your claim will be processed within the deadlines set by New York law.

You'll have to provide information regarding the incident and any injuries you suffered. The information you provide will be used to calculate damages. This includes compensation for medical expenses loss of wages, damage to property as well as pain and discomfort.

If necessary the insurance company will have to determine who is to blame. The final police report can be helpful in this regard. It is crucial to remember that determining who is to blame is not always an easy task. Even if you believe the crash was your fault in some instances, other factors could have contributed. For example, New York is a comparative fault state which means that your damages will be reduced based on the percentage of fault you have.

The insurance company will assign an adjuster to your case. It's a good idea bring your lawyer along while you speak with the adjuster. They can provide an impartial view and assist you to negotiate an acceptable settlement. If you are unable to reach a satisfactory settlement, it may be necessary to go to trial to secure the compensation you deserve.

Inspecting the Damages

The insurance company will visit the scene of the accident to examine the accident for themselves. They'll likely speak with you as well as any other participants involved in the crash and speak with witnesses, and look over your vehicle. They will also look over your medical records, auto Accident Law firms expenses, and lost wages to have a better understanding of the auto accident Law firms's impact on you.

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

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

In the midst of a situation, it can be tempting to point the finger at another driver. However, this could backfire. Be calm and avoid admitting fault or guilt. It is also an ideal idea to record the names and phone numbers of witnesses to the collision, if you can.

Negotiating the Settlement

Settlement negotiations for a car accident can be difficult, especially if you have to pay expenses for medical treatment and lost income. Engaging an experienced lawyer to handle all negotiations on your behalf with the insurance company could accelerate the process. An lawyer will have a better knowledge of the law and the method of calculating your total losses and damages and what you can expect from an insurance company in settlement negotiations.

The first step in the settlement process is to draft your demand letter, which includes your demand for the amount you need to cover your injury and expenses. Your attorney can help you gather this information and also include any other relevant documents that support your request. If you sent photos of your car or other injuries that were particularly serious to the insurance adjuster, your lawyer would mention them during negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental agony you've suffered as a result of the accident.

If you engage an attorney to negotiate a settlement on your behalf insurance companies take claims much more seriously and generally offer higher settlements. Your attorney will bring a lawsuit if the insurance company does not agree to a fair settlement.