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Tips For Filing a Car Accident Claim

In states that do not have no-fault insurance, you may have to sue the driver at a small claims court. You should consider retaining an experienced lawyer for auto accidents prior to making this decision.

The insurance company of the other side will investigate your claim to determine the liability for the collision and compensate you for your injuries, car damage, and other losses, including pain and suffering. The process typically includes the following steps:

Gathering Information

Take photos of the vehicles involved in the crash. Include any injuries and damages. These photos can help to prove that the incident was as you described it. Take pictures of the scene of the auto accident, and include any skidmarks, debris or skid marks.

It is also important to collect the names, addresses and phone numbers of eyewitnesses, when possible. They may be able later to testify on what transpired and who was at fault. In certain cases, eyewitness testimony is the most important evidence in the course of a lawsuit.

Note down the insurance details of all the parties who were involved in the accident. You'll need to know the name of the insurance company, the policy number, and contact details as well as the license plate number and driver's name. This information should be gathered in the earliest time possible to avoid issues or confusion later on.

Documentation of medical treatment and expenses could prove valuable in the claimant as well. Maintaining receipts for prescription painkillers and other expenses related to the wreck could support claims for damages in the claim. If you're unable for work due to injury, you must keep the record of any wages lost.

Claim Form

It is best to start a claim as quickly after the accident as possible should you be able to. This will allow the insurance company to review your claim and begin working. It also ensures that your claim is in compliance with the deadlines stipulated by New York law.

You'll need to give details about the accident including any injuries that you suffered. The information you provide will be used to calculate the amount of damages you've suffered, which may include compensation for medical bills, lost wages, property damage, as well as the pain and suffering.

The insurance company will have to determine the fault, when necessary. It is beneficial to have the final police report available for this purpose. However it is essential to remember that determining fault is not always straightforward. Even if you believe the accident was your fault in certain cases, other factors may have contributed. New York, for example is a state that has a comparative negligence system. This means that the amount of damages you incur is reduced 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 during your conversation with the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you're unable come to a settlement that is acceptable, you may have to take your case to court to get the money that you are entitled to.

Inspecting for Damages

They'll like to visit the scene of the accident to witness the scene for themselves. They'll likely question you and other people involved in a crash and talk to witnesses and inspect your vehicle. They will also review your medical records, expenses and lost wages to get an accurate picture of how the accident has affected you.

While you wait for the police to arrive, take pictures with your phone. This will allow you to record skid marks, the locations of both cars, the 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 collision. Note down the name, address, phone number, insurance company's policy number, and driver's license information 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 however, this could backfire. Keep your cool and avoid admitting fault or guilt. If possible, it's good idea to gather the names and phone numbers of witnesses who witnessed the collision.

Negotiating the Settlement

Negotiating a settlement in the event of an auto accident can be stressful, especially when you have to deal with medical bills and lost income. Fortunately the process can be expedited by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a greater knowledge of the law and the best way to calculate your total losses and damages, and what to expect from an insurance company in settlement negotiations.

The first step in the settlement process is to draft an offer letter that contains your request for the amount that you require to cover your injuries and expenses. Your lawyer can assist you in compiling this information and include any relevant documentation that supports the request. For instance, if you sent the insurance adjuster photos of your car and injuries that were particularly severe your lawyer will make mention of those 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 you've endured as a result of the collision.

Insurance companies will consider your claim more seriously if you employ an attorney to negotiate for a settlement on behalf you. They may also offer a better settlement. If the insurance company refuses to offer an acceptable settlement, your lawyer will start a lawsuit and represent you in court.