Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you might be required to sue another driver in a small claims court. You should consider retaining an experienced accident lawyer prior to making this decision.
The insurance company of the other side will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage and losses such as pain and suffering. The process typically involves the following steps.
Gathering Information
If you're able do it at the scene of the accident while you are still in a safe place and secure, take photographs of all the vehicles involved in the crash including the damage as well as any injuries that may have occurred. Photographs can be used to prove that the crash took place as you've described. Take pictures of the site of the accident, including any skidmarks, debris or skid marks.
If possible, it is important to get the names, addresses, and phone numbers of eyewitnesses. They might later be able to provide evidence about what transpired and who is responsible. In auto accident attorney downey is the most valuable piece of evidence in a case.
Make note of the insurance details of all those involved in the wreck. You will need to know the name of the insurance company and the policy number and the contact information along with the license plate number and driver's name. Getting this information as soon as possible could prevent confusion or disputes later on.
Documentation of medical treatment and expenses could be helpful to an insurance claim too. Keep receipts for prescription medications and other expenses resulted from the accident. This can help in proving the damages you claim. If you are unable work because of an injury, you should keep an eye on any lost wages.
Filing the Claim
It's best to file a claim as soon after the accident as soon should you be able to. This allows the insurer to examine your documents and get to work. It will also ensure that your claim meets the deadlines stipulated by New York law.
If you are filing an insurance claim for a car when filing a claim, you'll need details about the accident as well as any injuries you suffered due to it. The information you provide will be used to calculate damages. This includes compensation for medical expenses, loss of wages, damage to property, and discomfort and pain.
The insurance company will have to determine the fault, when necessary. The final police report may be helpful for this. However, it is important to keep in mind that determining fault is not always easy. In some cases even if you believe the accident was your fault, other factors could be responsible for it. For instance, New York is a state of comparative fault which means that your damages will be reduced based on your percentage of fault.
The insurance company will assign an adjuster to your case. It's a good idea to have your lawyer with you as you talk to the adjuster. They'll give you an objective perspective and help you negotiate a fair settlement. If you're unable to find a solution that is satisfactory, you may need to go to court to get the money you deserve.
Examining the Damages
The insurance company will visit the scene of the accident and examine the accident for themselves. They will probably interview you and the other people involved in the accident, talk to witnesses, and examine your vehicles. They will also examine your medical records, your expenses and lost wages to provide clear information about how the accident has affected you.
While you wait for police to arrive Try taking pictures with your cell phone. This will allow you to document the skid marks and damage on both cars, as well as 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 the name of each person address, phone number, address and the insurance company's policy numbers and driver's licence information. Also note the vehicle make the year, make and license plate number.
It may be tempting to point fingers at another driver in the heat of the moment but this could end up backfiring. Be calm and don't acknowledge fault or guilt. It is also recommended to collect the names and phone numbers of witnesses 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 stressful and stressful, especially when you're faced with medical bills and lost wages. Engaging an experienced lawyer to negotiate on your behalf with the insurance provider can expedite the process. An lawyer will have a better knowledge of the law and the method of calculating your total loss and damages and what you can expect from an insurance company during settlement negotiations.
The first step in the settlement process is writing your demand letter, which includes your request for the amount that you need to cover your injury and expenses. Your lawyer can help you in compiling the information, and include any relevant documents that support your request. If you submitted photos of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer would mention them during negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental agony that you've endured as a result of the collision.
If you engage a lawyer to negotiate the settlement on your behalf Insurance companies take claims with greater care and generally offer higher settlements. The lawyer will start a lawsuit if the insurance company does not agree to a fair settlement.