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Tips For Filing a Car Accident Claim

In states that haven’t adopted no-fault insurance, you might have to sue the other driver in a small claims court. Before taking this step, you should consult with an experienced accident attorney.

The insurer of the other party will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries as well as car damage, as well as expenses such as pain and suffering. The process typically includes the following steps:

Gathering Information

If you’re able do it at the scene of the collision while it is safe, take pictures of all the vehicles involved in the crash, including the damage and any injuries that were sustained. These photos can help to prove that the crash occurred as you have described. Also, take pictures of the scene, including any skid marks or other debris that are visible.

If possible, it is crucial to collect the names, addresses and telephone numbers from eyewitnesses. They may be able later to testify as to what transpired and who was at fault. In certain cases eyewitness testimony is the most valuable piece of evidence in the case.

Note down the insurance information of all parties involved. You will require the name of the insurance company as well as the policy number and contact details, as well as the driver’s name and license plate number. These details should be obtained as soon as you can to avoid any confusion or disputes later.

Documentation of expenses and medical treatment can be useful to an insurance claim too. Keep receipts for prescription painkillers and other expenses that result from the accident can help prove the damages outlined in the claim. Also, if you are in a position of being unable to work because of your injuries, it’s vital that you keep track of your lost wages.

Filing the Claim

It is best to file a claim as soon after the incident as you can should you be able to. This gives the insurer the chance to review all of your documents and get to work. It also ensures that your claim is within the deadlines set by New York law.

You’ll need to provide specifics about the accident including any injuries that you sustained. The information you provide will be used to calculate your damages which could include compensation for medical expenses, lost wages, property damage, and pain and suffering.


The insurance company will also have to determine fault should it be necessary. The final police report can serve as a reference point. However it is essential to keep in mind that determining fault is not always straightforward. In some instances even if you believe the crash was your fault, other factors may have contributed to it. For example, New York is a state that is a comparative fault one meaning that your damages will be diminished by your percentage of fault.

The insurance company will assign an adjuster for cases. It’s a good idea bring your lawyer along when you speak to the adjuster. They can provide an impartial view and assist you negotiate an acceptable settlement. If you are unable to reach a satisfactory settlement, it may be necessary to go to trial to get the money you’re entitled to.

Inspecting the Damages

They will like to visit the scene of the accident to witness the scene. They’ll likely interview you and any other parties involved in the crash and speak with witnesses, and inspect your vehicle. They will also review your medical records, your expenses, and lost wages to obtain a more precise picture of the impact of the crash on you.

While you wait for the police to arrive, take pictures using your mobile phone. This will allow you to record skid marks, locations of both cars, the extent of damage, and the presence of any obstructions.

If it’s safe you can exchange insurance and contact information with other drivers involved in the accident. Note down auto accident lawyer south bend , address, phone number, insurance company’s policy number, and driver’s license information of each driver. Note the vehicle’s make, year and license plate.

It may be tempting to blame 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 recommended to collect the names and contact numbers of witnesses to the collision, if possible.

Negotiating the Settlement

Settlement negotiations for an accident in the car can be stressful, particularly when you have to deal with expenses for medical treatment and lost income. Employing an experienced attorney to handle all negotiations on behalf of you with the insurance company could make the process easier. An attorney will have a greater understanding of the law and the best way to calculate your total damages and losses and what you can expect from an insurance company during settlement negotiations.

The first step in the settlement process is to draft a demand letter that includes your request for the amount that you need to cover your injury and expenses. Your attorney can help gather this information and also include any other documents that support your request. If you provided photos of your vehicle or injuries that were particularly severe to the insurance adjuster, your lawyer would be sure to mention them during negotiations. In addition, your attorney will remind the insurance adjuster of your pain and damages that are based on the mental and emotional anxiety you’ve endured as a result of the accident.

If you engage a lawyer to negotiate a settlement on your behalf insurance companies will treat your claim much more seriously and generally offer higher settlements. If the insurance company refuses to provide an acceptable settlement, your lawyer will start a lawsuit and represent you in court.