Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance policies, you may have to sue the other driver in a small claims court. Before you take this action, you should consult with an experienced accident attorney.

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

Gathering Information

If you're able to do so at the site of the lynbrook auto accident law firm while it is safe you should take photos of all vehicles involved in the accident including the damage and any injuries incurred. Taking these photographs could help to prove that the accident was as you described it. Photograph the site of the accident, including any skidmarks, debris or skid marks.

If possible, it's important to obtain the names, addresses and phone numbers from eyewitnesses. They may be able to testify later as to how the accident occurred and who was at fault. In certain instances eyewitness testimony may be the most valuable evidence in a case.

Note down the insurance details of all the parties involved. You will require the name of the insurance company as well as the policy number and contact information, as well as the driver's name and license plate number. It is important to get this information as soon as you can to avoid any doubts or disputes later.

Documentation of medical treatment and expenses can prove valuable in the claimant as well. Keep receipts of prescription medication as well as other expenses related to the accident. This could help support the damages you claim. If you are unable to work due to the injuries you sustained, it is vital that you keep records of the wages you lost.

Filing the Claim

If you have the ability to do so you should submit your claim as quickly as possible following the accident. This will allow the insurer to review your paperwork and get started. It also ensures that your claim will be processed within the deadlines stipulated by New York law.

If you are filing an insurance claim on your car when filing a claim, you'll need details about the auto accident lawsuit, as well as any injuries you sustained as a result. This information will be used to calculate your damages which could include compensation for medical expenses, lost wages, property damage, and the suffering.

The insurance company may also be required to determine the source of fault, when necessary. The final police report can be helpful for this. However it is important to keep in mind that determining fault isn't always easy. In some cases even if you believe the crash was your fault, other factors could be responsible for it. New York, for example is a state in which there has a relative negligence system, which means your damages are reduced according to the proportion of your fault.

The insurance company will assign an adjuster to your case. It's a good idea bring your lawyer along when you speak to the adjuster. They'll give you an objective view and help you negotiate an equitable settlement. If you're not able to reach an acceptable settlement, it could be necessary to go to trial to get the money you deserve.

Examining the Damages

The insurance company will need to visit the scene of the accident to see it for themselves. They'll likely speak with you and other people who were involved in the collision as well as interview witnesses and examine your vehicle. They will also review your medical records, expenses and lost wages to obtain a more precise picture of the accident's impact on you.

While you wait for the police to arrive at the scene You can take photos using your mobile phone. This will allow you to record the skid marks and damage on both vehicles and also the location of the cars.

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

It may be tempting to point fingers at another driver in the midst of a crisis however, this could backfire. Angry remarks can be used against you in court, so keep your cool and don't admit any guilt or fault at the scene of the collision. If you can, it's a good idea to also collect the names and telephone numbers of anyone who witnessed the collision.

Negotiating the Settlement

The process of negotiating a settlement after an auto accident can be difficult, especially if you are faced with medical bills and income loss. Fortunately you can get the process speeded up by hiring a skilled lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will be able to better comprehend the law, estimate your total damages and also know what to expect during settlement negotiations from an insurance company.

The first step is writing an official letter of demand that includes the amount you want to pay for your injuries and expenses. Your attorney can help in compiling the information, and also include any other relevant documentation that supports the demand. For example, if you have provided the insurance adjuster with photographs of your car and injuries that were especially strong your lawyer will make mention of those photos in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages that are based upon the emotional distress and mental stress you've suffered as a result of the accident.

Insurance companies will consider your claim more seriously if you employ an attorney to negotiate an agreement on behalf of you. They will also offer a greater settlement. If the insurance company refuses to provide an equitable settlement, your lawyer will bring a lawsuit and auto accident advocate for you in court.