Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you may be required to file a lawsuit against the other driver in a small claims court. Before you take this action, you should consult with an experienced accident lawyer.
The insurance company of the other side will examine your claim to determine liability for the collision and pay compensation for your injuries, car damage and other losses, including 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 it is safe to do so, take pictures of all the vehicles involved in the accident including the damage as well as any injuries that may have occurred. These photos can help to prove that the crash took place as you've described. Photograph the scene of the accident, and include any skidmarks, debris or skid marks.
It is also crucial to collect the names, addresses and phone numbers of eyewitnesses, when possible. They might be able to witness later in the case about what caused the accident and who was at fault. In some cases eyewitness testimony could be the most valuable piece of evidence in the case.
Note down the insurance details of everyone who were involved in the accident. You'll need the name of the insurance company, the policy number, and contact details as well as the license plate number and driver's name. This information should be gathered as soon as you can to avoid issues or confusion later on.
Documentation of medical bills and treatment is also very useful to support a claim. Keep receipts for prescription medicines and other expenses caused by the accident. This can help in proving the damages you claim. Also, if you are in a position of being unable to work because of injuries, it's vital that you keep records of the wages you lost.
Claim Form
It is best to make a claim as soon after the incident as you can should you be able to. This allows the insurance company to examine your documents and get started. This ensures that you meet the New York law deadlines for filing your claim.
You'll need to give details regarding the incident including any injuries that you may have 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.
The insurance company may also be required to determine the source of fault, when necessary. It is helpful to have the final police report available to aid in this process. It is important to remember that determining the cause of the crash isn't always a simple task. Even if you believe the crash was your fault in some cases, other factors may have contributed. For instance, New York is a state of comparative fault, which means that your losses will be reduced according to your percentage of fault.
The insurance company will assign an adjuster to your case. It is important to have your attorney present when you talk to the adjuster. They'll provide an objective perspective and help you negotiate an equitable settlement. If you are unable to reach an acceptable settlement, it may be necessary to go to trial to get the money you deserve.
Examining the damage
The insurance company will want to visit the scene of the crash to observe the accident for themselves. They'll likely interview you and any other participants in the accident, speak to witnesses, and examine your vehicles. They will also look over your medical records, expenses and lost wages in order to obtain a more precise picture of the impact that the accident had on you.
While you wait for the police to arrive You can take photos with your cell phone. This will allow you to record the skid marks and damage on both vehicles and the exact location of the vehicles.
If it's safe, you can exchange contact and insurance information with other drivers involved in the crash. Note down auto accident law firm lafayette , addresses, phone number, insurance company's policy number, and driver's licence information for each person. Also note the vehicle make the year, make and license plate number.
In the midst of the circumstances, it could be tempting to blame another driver. But, this could backfire. Angerful remarks can be used against you in court So, keep your cool and avoid admitting any fault or guilt at the scene of the accident. It's also recommended to collect the names and phone numbers of witnesses to the collision, if possible.
Negotiating the Settlement
Negotiating the settlement of a car accident claim can be a stressful and frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will be able to better know the law, calculate your total damages and be aware of what to expect in settlement negotiations with an insurance company.
The first step is to draft a letter of demand that includes the amount you need to cover your costs and injuries. Your lawyer can assist you in compiling the information, and include any supporting documents to support your demand. For instance, if included the insurance adjuster's photos of your car and injuries that were particularly severe the lawyer will refer to the photos during negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages, which are based on the emotional distress and mental anxiety you've endured as a result of the accident.
Insurance companies will take your claim more seriously if employ an attorney to negotiate for a settlement on behalf you. They may also offer a greater settlement. Your lawyer will pursue a lawsuit if an insurance company refuses to pay a fair settlement.