Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you could be required to sue another driver in small claims court. You should think about hiring an experienced accident lawyer before making this decision.
The insurance company of the other side will examine your claim to determine the liability for the collision and compensate you for your injuries, car damage, and other losses, including pain and suffering. The process typically includes the following steps:
Gathering Information
Take photos of the vehicles involved in the accident. Include any injuries and damages. These photographs will verify that the accident occurred as you described. In addition, take pictures of the scene, including any skid marks or debris that may be present.
It is also vital to obtain the names, addresses, and telephone numbers of witnesses, if possible. They may be able later to testify about what transpired and who is responsible. In some cases eyewitness testimony is the most reliable evidence in the course of a lawsuit.
Get the insurance information of all parties involved in the crash. You'll require the name of the insurance company, policy number and contact information, along with the driver's name and license plate number. It is important to get this information as soon as you can could avoid conflicts or confusion later.
Documentation of medical expenses and treatment can also be very valuable to support the purpose of submitting a claim. Keep receipts of prescription medication and other expenses that were related to the accident. This could be helpful in proving the damages you claim. If you are unable to work due to an injury, you must keep track of any lost wages.
Claim Form
It is recommended to start a claim as quickly after the accident as possible should you be able to. This gives the insurance company an opportunity to go through all of your documents and begin work. It will also ensure that your claim is within the deadlines set by New York law.
You'll have to provide information about the accident including any injuries that you sustained. The information you provide will be used to calculate your damages which may include compensation for medical bills, lost wages property damage, as well as the suffering.
If required the insurance company must to determine who is at fault. It is beneficial to have the final police report to aid in this process. However, auto accident law firm compton is important to keep in mind that determining fault is not always easy. Even if you believe the crash was your fault in a few instances, other factors could have contributed. New York, for example is a state that has a comparative negligence system. This means that your damages are reduced by the percentage of your fault.
The insurance company will assign a case adjuster. It's a good idea to have your lawyer with you when you speak to the adjuster. They can offer an impartial perspective and assist you to negotiate a fair settlement. If you're unable come to a settlement that is satisfactory, you may need to go to court in order to receive the money you deserve.
Inspecting Damages
The insurance company will visit the scene of the accident to see the scene for themselves. They'll likely question you and other people involved in a crash as well as interview witnesses and inspect your vehicle. They will also examine your medical records, expenses and lost wages to get an accurate picture of how the accident has affected you.
While you are waiting for the police, take pictures using your mobile phone. This will allow you to record the damage and skid marks on both cars and the location of the cars.
If it's safe, you can exchange contact and insurance information with the other drivers involved in the collision. Note down each person's name, address, telephone number and insurance company, policy numbers, and driver's license information. Note the make year, year and license plate.
In the midst of the situation, it can be tempting to point the finger at another driver. However, this could backfire. Keep your cool and don't acknowledge fault or guilt. It's also a good idea to gather the names and contact numbers of eyewitnesses who witnessed the accident, if they are able to.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Employing an experienced attorney to negotiate on your behalf with the insurance company could make the process easier. An attorney will have a greater understanding of the law and the method of calculating 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 prepare an offer letter that contains your request for the amount you need to pay for your injuries and expenses. Your attorney can help compile this information and include any other relevant documents that support your request. For instance, if for example you included the insurance adjuster's photos of your car and injuries that were especially strong your lawyer will make mention of those photos in negotiations. Your lawyer will remind the adjuster of your pain and suffering damages. These are based on the emotional stress and mental agony that you've suffered as a result of the accident.
Insurance companies will consider your claim more seriously if you engage an attorney to negotiate a settlement on behalf of you. They will also offer a greater settlement. Your lawyer will bring a lawsuit if the insurance company refuses a fair settlement.