Tips For Filing a Car Accident Claim
In states without no-fault insurance you may have to sue the driver at a small claims court. It is recommended to hire an experienced accident lawyer prior to taking this step.
The insurance company of the other side will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage and other losses, including pain and suffering. The process usually consists of the following steps.
Gathering Information
Take photographs of the cars involved in the accident. Include any damage and injuries. These photographs will establish that the incident occurred in the manner you described. Take pictures of the site of the accident, including any skidmarks, debris or skid marks.
If you can, it is essential to get the names, addresses and telephone numbers of witnesses. They might be able later to testify on what happened and who is responsible. In some cases eyewitness testimony is the most reliable evidence in a lawsuit.
Note down the insurance details of all parties involved. You’ll require the name of the insurance company, policy number and contact information, along with the driver’s name and license plate number. Getting this information as soon as you can could avoid disputes or confusion later on.
Documentation of medical expenses and treatments can be extremely valuable for the purpose of submitting a claim. Maintaining receipts for prescription pain medications and other expenses related to the wreck could support the damages that are claimed in the claim. Also, if disabled from work because of your injuries, it’s essential to keep the track of your wages lost.
Claim Form
If you’re able to do so you should make your claim as soon as you can after the accident. This gives the insurance company the chance to look over all your documents and begin work. It will also ensure that your claim is in compliance with the deadlines set by New York law.
You’ll need to give details regarding the incident and any injuries you suffered. The information you provide will be used to calculate damages. This includes the amount of compensation for medical expenses, loss of wages, property damage and pain and discomfort.
If it is necessary, the insurance company must to determine who is the culprit. The final police report can be useful for this. However, it is important to keep in mind that determining fault is not always straightforward. In some cases, even if you think the crash was your fault other factors may be responsible for it. New York, for example is a state which has a comparative negligence system, meaning 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 as you talk to the adjuster. They’ll provide an objective viewpoint and assist you negotiate a fair settlement. If you’re not able to agree on a settlement that’s acceptable, you might have to go to court in order to obtain the compensation you are entitled to.
Examining the damages
The insurance company will need to visit the scene of the crash to observe the accident for themselves. They’ll likely interview you and other parties involved in the accident, talk to eyewitnesses and look at your vehicles. They will also review your medical records, your expenses, and lost wages in order to get a clearer picture of the accident’s impact on you.
While you wait for the police to arrive at the scene Take pictures using your mobile phone. This will help document skid marks as well as the location of both vehicles, their extent of damage, and the presence of any obstructions.
If you are sure, you can exchange contact and insurance information with other drivers involved in the crash. Note down the names of everyone involved and address, as well as their phone number and the insurance company’s policies numbers, and driver’s license information. Note the car’s make, year and license plate.
In the midst of a situation, it can be tempting to blame the other driver. But, this could backfire. Be calm and don’t admit fault or guilt. It’s also recommended to collect the names and telephone numbers of witnesses to the accident, if they are able to.
Negotiating the Settlement
Settlement negotiations for an auto accident; visit this backlink, can be difficult, especially if you must deal with expenses for medical treatment and lost income. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will have a better understanding of the law and how to calculate your total damages and losses, and what to expect from an insurance company during settlement negotiations.
The first step in the settlement process is to draft your demand letter, which includes your request for the amount you need to pay for your injuries and expenses. Your attorney can assist you in compiling this information, and include any documents to support the demand. If you submitted photos of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer will mention them during negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony you’ve experienced because of the accident.
Insurance companies will take your claim more seriously if hire an attorney to negotiate a settlement on behalf of you. They may also offer a greater settlement. The lawyer will file a suit if the insurance company refuses a fair settlement.
