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Tips For Filing a Car Accident Claim

In states with no-fault insurance you may have to sue the driver at a small claims court. You should consider hiring an experienced lawyer in the field prior to making this decision.

The other party's insurer will examine your claim and determine liability for the collision. They will then award you compensation for your injuries and damage, and also for damages such as pain and suffering. The process usually involves the following steps.

Gathering Information

Take pictures of the vehicles involved in the collision. Include any damage and injuries. These photos can help to prove that the crash occurred as you've described. Additionally, take photographs of the scene and any skid marks or other debris that are visible.

It is also important to collect the names, addresses and telephone numbers of witnesses, if possible. They could be later able to testify as to what happened and who was accountable. In some cases eyewitness testimony is the most reliable evidence in a lawsuit.

Note down the insurance details of everyone involved in the accident. You'll need the name of the insurance company along with the policy number and the contact information along with the license plate number and driver's name. It is important to get this information as soon as possible could prevent confusion or disputes later on.

Documentation of medical expenses and treatments can also be very valuable for an insurance claim. In keeping receipts for prescription pain medications and other expenses that result from the crash could be helpful in proving the damages outlined in the claim. If you're unable to work due to an injury, you should keep an eye on any lost wages.

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If you are able to file a claim you should make your claim as soon as you can after the incident. This allows the insurer to review your paperwork and get started. This ensures that you're in compliance with the New York law deadlines for filing your claim.

You'll need to give details regarding the incident including any injuries that you suffered. This information will be used to calculate your damages which may include compensation for medical bills, lost wages property damage, as well as the pain and suffering.

The insurance company may also need to determine fault, in the event of a need. The final police report can be helpful in this regard. It is important to keep in mind that determining who is to blame is not always an easy task. In some cases, even if you think the accident was your fault, other factors might be responsible for it. New York, for example is a state that has a comparative negligence system, which means that the amount of damages you incur is reduced by the proportion of your fault.

The insurance company will assign an adjuster to your case. It is recommended to bring your lawyer with you when you meet with the adjuster. They can provide an impartial perspective and assist you negotiate an acceptable settlement. If you're not able to reach a settlement that is acceptable, you might have to go to court to obtain the compensation you are entitled to.

Inspecting for Damages

The insurance company may want to visit the scene of the crash to observe it for themselves. They may interview you and the other people involved in the collision, talk to witnesses, and examine your vehicles. They will also review your medical records, expenses and lost wages to provide an accurate picture of how the accident has affected you.

While you wait for the police to arrive, take photos with your mobile phone. This will allow you to document skid marks as well as the location of both cars and their severity of damage, and the presence of any obstructions.

In this instance, you should share contact and insurance information with other drivers in the accident, if safe to do this. Jot down each person's name and address, along with the telephone number and insurance company, policy numbers and driver's licence information. Also note the vehicle's make, year and license plate number.

It's tempting to point fingers at another driver in the midst of a crisis but this could end up backfiring. Keep your cool and don't acknowledge fault or guilt. It is also an excellent idea to collect the names and contact numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

Settlement negotiations for an auto accident can be stressful, particularly when you must deal with expenses for medical treatment and lost income. Fortunately, the process can be speeded by hiring an experienced lawyer to handle all negotiations with the insurance company on your behalf. An attorney will have a better knowledge of the law and the method of calculating the total amount of your losses and damages and what to expect from an insurance company in settlement negotiations.

The first step is to write a letter of demand that contains the amount you require to cover your expenses and injuries. Your lawyer can help you to compile this information and include any other documentation that supports your request. If you submitted photos of your vehicle or injuries that were especially severe to the insurance adjuster, your lawyer would be sure to mention them during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages which are based on the emotional distress and mental stress you've suffered as a result of the accident.





If you engage a lawyer to negotiate the settlement on behalf of you insurance companies will treat your claim much more seriously and usually offer higher settlements. If the insurance company refuses to provide an equitable settlement, your attorney will bring a lawsuit and advocate for you in court.