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Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance, you could be required to file a lawsuit against the other driver in a small claims court. Before taking this step you should talk to an experienced accident lawyer.

The insurance company for the other party 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 usually includes the following steps:

Gathering Information

Take photographs of the cars involved in the accident. Include any injuries or damage. These photos can be used to establish that the incident occurred in the manner you described. Also, take photos of the scene, including any skid marks or other debris that may be present.

It is also vital to collect the names, addresses and telephone numbers of eyewitnesses, if possible. They may be able later to provide evidence about what transpired and who was at fault. In some instances eyewitness testimony may be the most valuable piece of evidence in the case.

Take down the insurance information of all those involved in the wreck. You will require the name of the insurance company along with the policy number, contact information, along with the driver's name and license plate number. Getting this information as soon as possible could prevent disputes or confusion later on.

Documentation of expenses and medical treatment can be valuable to a claim as well. Keep receipts for prescription painkillers and other expenses related to the accident could help support the damages that are claimed in the claim. If you're unable to work due to an injury you must keep all the lost wages.

Filing the Claim

It's best to file a claim as soon after the auto accident law firms as possible should you be able to. This gives the insurer the chance to look over all your paperwork and get to work. It also ensures that your claim is in compliance with the deadlines set by New York law.

If you are filing an insurance claim for a car you'll need to provide details about the accident, as well as any injuries you sustained as a result. This information is used to calculate damages, auto accident Law firms including reimbursement for medical expenses, loss of wages, property damage as well as discomfort and pain.

The insurance company may also have to determine the fault, when necessary. The final police report may serve as a reference point. However it is important to remember that determining fault is not always easy. Even if you believe the accident was your fault in a few cases, other factors could have contributed. New York, for example, is a state that has a comparative negligence system. This means that your damages are diminished by the proportion of your fault.

The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you as you talk to the adjuster. They'll provide an objective viewpoint and assist you negotiate a fair settlement. If you're unable come to a settlement that is acceptable, you may have to go to court in order 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 the accident for themselves. They will probably interview you as well as other people involved in the crash, talk to witnesses and inspect your vehicles. They will also review your medical records, expenses and lost wages in order to gain a better understanding of the effect that the auto accident law firms had on you.

While you wait for the police to arrive at the scene Take pictures with your cell phone. This will allow you to record the damage and skid marks on both vehicles, as well as the location of the vehicles.

If it's safe you can exchange insurance and contact information with other drivers involved in the accident. 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 car's make year, year, and license plate number.

It's tempting to blame another driver in the heat of the moment however, this could backfire. Be calm and don't acknowledge fault or guilt. If you can, it's a good idea also to collect the names and numbers of any eyewitnesses that witnessed the collision.

Negotiating the Settlement

Negotiating the settlement of a car crash claim can be stressful and difficult, particularly when you're faced with costs for medical expenses and lost wages. Engaging an experienced lawyer to handle all negotiations on behalf of you with the insurance company could speed up the process. An attorney will be able to better know the law, calculate the total amount of damages you have suffered and understand what to expect during settlement negotiations with an insurance company.

The first step is to compose a letter of demand that contains the amount you require to pay for your injuries and expenses. Your attorney can help gather this information and also include any other documentation that supports your request. If you provided photos of your car or other injuries that were particularly severe to the insurance adjuster, your lawyer will make mention of them during negotiations. In addition, your attorney will remind the adjuster of your pain and suffering damages which are based on the mental and emotional stress you've suffered as a result of the accident.

Insurance companies will consider your claim more seriously if engage an attorney to negotiate a settlement on behalf of you. They will also give you a higher settlement. If the insurance company refuses to offer an equitable settlement, your lawyer will bring a lawsuit and represent you in court.