Tips For Filing a Car Accident Claim
In states that do not have no-fault insurance, you could be required to sue the driver in a small claims court. You should think about hiring an experienced accident lawyer before making this decision.
The insurance company of the other party will examine your claim and determine the liability for the collision. They will then award you compensation for your injuries and car damage, and also for expenses such as pain and suffering. The process typically includes the following steps:
Gathering Information
If you’re able to do so at the scene of the crash, while it is safe and secure, take photographs of all the vehicles involved in the crash including the damage as well as any injuries incurred. These photographs can help prove that the auto accident lawsuits happened as you described. In addition, take pictures of the accident scene itself including any skid marks or debris which are present.
It is also vital to obtain the names, addresses and phone numbers of witnesses, if possible. They might be able to testify later as to what caused the accident and who was at fault. In certain cases eyewitness testimony may be the most important evidence in the case.
Get the insurance information of all the parties involved in the crash. You’ll need the insurance company name as well as policy number and contact details, as well as the driver’s name and license plate number. These details should be obtained in the earliest time possible to avoid issues or confusion later on.
Documentation of medical bills and treatment can be extremely valuable to support a claim. Keep receipts for prescription medicines and other costs incurred due to the accident. This could help support the damages you claim. If you are unable work because of an injury, you must keep the record of any wages lost.
Filing the Claim
It is recommended that you file a claim as soon following the accident as should you be able to. This gives the insurance company the opportunity to go through all of your paperwork and get to work. It will also ensure that your claim is within the deadlines set by New York law.
When you file an insurance claim on your car, you’ll need to provide details about the accident and any injuries you suffered due to it. The information you provide will be used to calculate damages. This includes the amount of compensation for medical expenses, lost wages, damage to property, and pain and discomfort.
If needed, the insurance company needs to determine who is to blame. It is beneficial to have the final police report to aid in this process. It is important to keep in mind that determining fault is not always an easy task. In some cases even if you believe the accident was your fault, other factors might have contributed to it. For example, New York is a state with a comparative fault, which means that your damages will be reduced based on your percentage of fault.
The insurance company will assign a case adjuster. You should have your lawyer present when you meet with the adjuster. They’ll provide an objective viewpoint and assist you negotiate an acceptable settlement. If you’re not able to reach an acceptable settlement, it might be necessary to go to court to get the amount you’re entitled to.
Inspecting the damages
The insurance company will visit the scene of the accident and examine it for themselves. They’ll likely interview you and any other participants in the collision, talk to witnesses, and examine your vehicles. They will also look over 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 wait for the police to arrive, take photographs with your mobile phone. This will help you document skid marks, the locations of both vehicles and the degree of damage, as well as the presence of any obstructions.
If it’s safe you can exchange contact and insurance information with the other drivers involved in the crash. Note down the name, address, telephone number, insurance company’s policy number, and driver’s license information of each driver. Note the make year, year, and license plate number.
It’s tempting to point fingers at another driver in the midst of a crisis, but this can backfire. The words you say can be used against you in court Be calm and avoid admitting any guilt or fault at the scene of the accident. It’s also an excellent idea to collect the names and phone numbers of witnesses who witnessed the Auto Accident Law Firm, if they are able to.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be stressful and a bit frustrating, especially when you’re faced with costs for medical expenses and lost wages. Fortunately the process can be speeded up by hiring a skilled lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will have a better knowledge of the law and how 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 demand for the amount you need to pay for your injuries and expenses. Your lawyer can assist you compile this information and include any other relevant documentation that supports your request. For instance, if for example you provided the insurance adjuster with photos of your vehicle and injuries that were particularly severe, your lawyer will mention those photos in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and damages which are based on the mental and emotional anguish you have suffered because of the accident.
Insurance companies will consider your claim more seriously if engage an attorney to negotiate a settlement on behalf of you. They may also give you a higher settlement. Your lawyer can start a lawsuit if the insurance company refuses to offer a fair settlement.
