Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance policies, you may be required to sue another driver in small claims court. Before you take this action, you should consult with an experienced accident attorney.
The insurance company of the other party will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage, and other losses like pain and suffering. The process typically involves the following steps.
Gathering Information
If you are able to do this at the scene of the crash, while you are still in a safe place to do so, take pictures of all the vehicles involved in the crash including the damage, as well as any injuries that may have occurred. These photos can help to prove that the accident occurred as you've described. Also, take photos of the accident scene itself including any skid marks or other debris that are visible.
It is also vital to obtain the names, addresses and telephone numbers of eyewitnesses if possible. They could be able testify later as to what caused the accident and who was responsible. In certain instances eyewitness testimony is the most valuable evidence in the case.
Get the insurance information of all those involved in the wreck. You'll need the insurance company name along with the policy number, contact information, along with the driver's name and license plate number. This information should be gathered as soon as you can to avoid confusion or disputes later on.
Documentation of medical expenses and treatments can be useful to the claimant as well. Keep receipts for prescription drugs and other expenses that were incurred due to the accident. This can help in proving the damages you claim. If you are unable to work due to the injuries you sustained, it is crucial to keep records of the wages you lost.
Filing the Claim
It's best to submit a claim as fast following the accident as when you are able to. This gives the insurance company the chance to look over all your paperwork and get to work. This will ensure that you are in compliance with the New York law deadlines for filing your claim.
You'll need to provide details about the accident including any injuries you suffered. The information you provide will be used to calculate damages, including compensation for medical expenses lost wages, damage to property, and discomfort and pain.
The insurance company will need to determine fault, if necessary. It is beneficial to have the final police report available to aid in this process. It is essential to keep in mind that determining the cause of the crash is not always an easy task. In some instances, even if you think the crash was your fault, other factors may be responsible for it. New York, for example is a state in which there has a comparative negligence system, meaning your damages are reduced according to the percentage of your fault.
The insurance company will assign a case adjuster. It is important to have your attorney present when you talk to the adjuster. They can provide an objective perspective and assist you negotiate an acceptable settlement. If you are unable to find a solution that is satisfactory, you may need to take your case to court to obtain the compensation you deserve.
Examining the Damages
They will like to visit the scene of the crash to see the scene. They'll likely speak with you and the other parties who were involved in the collision, speak to eyewitnesses, and examine your vehicles. They will also examine your medical records, expense reports, and lost wages to obtain a more precise picture of the impact that the accident had on you.
While you wait for police to arrive Try taking pictures using your mobile phone. This will allow you to document the skid marks and damage on both vehicles, as well as the location of the cars.
If you are sure, you can exchange insurance and contact information with the other drivers involved in the collision. Note down the name of each person and address, as well as their phone number and insurance company, policy numbers and driver's license information. Also note the vehicle make the year, make and license plate number.
It's tempting to blame another driver in the midst of a crisis however, this could backfire. Keep your cool and avoid admitting fault or guilt. It's also an ideal idea to record the names and numbers of witnesses who witnessed the collision, if you can.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be difficult and difficult, particularly when you're facing the cost of medical bills and lost wages. Engaging an experienced lawyer to conduct all negotiations on behalf of you with the insurance company could make the process easier. An lawyer will have a better knowledge of the law, 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 write your demand letter, which includes your request for the amount that you need to cover your injury and expenses. Your attorney can help you create this list and include any other documentation that supports your request. For instance, if for example you have provided the insurance adjuster with photographs of your vehicle and injuries that were especially strong the lawyer will refer to those during negotiations. In auto accident lawsuit vallejo , your attorney will remind the adjuster of your pain and suffering damages which are based on the mental and emotional anxiety you've experienced as a result of the accident.
If you engage a lawyer to negotiate a settlement on your behalf insurance companies will treat your claim more seriously and typically offer higher settlements. If the insurance company refuses to offer an acceptable settlement, your lawyer will file a lawsuit and fight for you in court.