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Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance, you could have to sue the other driver in a small claims court. You should consider hiring an experienced accident lawyer before taking this step.

The other party’s insurer will examine your claim and determine liability for the collision. They will then award compensation for your injuries and damage as well as for losses such a pain and suffering. The process usually involves the following steps:

Gathering Information

If you are able to do this at the scene of the crash while it is safe and secure, take photographs of all vehicles involved in the crash including the damage, as well as any injuries incurred. These photos can help to prove that the incident occurred as you have described. Additionally, take photographs of the accident scene itself, including any skid marks or other debris that are visible.

It is also important to collect the names, addresses and phone numbers of witnesses, if possible. They could be later able to testify on what happened and who was accountable. In some cases eyewitness testimony is the most valuable evidence in a lawsuit.

Make note of the insurance details of all the parties involved in the accident. You will need to know the name of the insurance company, the policy number, and contact details along with the license plate number and driver’s name. Getting auto accident lawsuit santa clara as soon as possible can avoid disputes or confusion later on.

Documentation of medical treatment and expenses could prove valuable in the claimant as well. In keeping receipts for prescription pain medication and other expenses caused by the crash could be helpful in proving the damages that are claimed in the claim. Also, if not able to work due to your injuries, it’s essential to keep the track of your wages lost.

Filing the Claim

It is recommended to make a claim as soon after the accident as soon in the event that you are able. This gives the insurance company an chance to look over all your documents and get to work. It will also ensure that your claim meets the deadlines set by New York law.

When filing an insurance claim for your car you’ll need to provide details about the accident as well as any injuries you suffered as a result. This information is used to calculate damages. This includes the amount of compensation for medical expenses, loss of wages, damage to property, and pain and discomfort.

The insurance company will also have to determine the fault, in the event of a need. The final police report may be helpful in this regard. It is essential to remember that determining the cause of the crash isn’t always an easy task. Even if you believe the accident was your fault in some cases, other factors may have contributed. New York, for example is a state that has a comparative negligence system, which means that your damages are diminished by the proportion of your fault.

The insurance company will assign an adjuster for cases. It’s a good idea to bring your lawyer along as you talk to the adjuster. They’ll give you an objective perspective and help you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it might be necessary to go to court to get the amount you deserve.

Inspecting for Damages

The insurance company may want to visit the scene of the accident to examine the scene for themselves. They may interview you as well as other people involved in the accident, speak to witnesses, and examine your vehicles. They will also look over your medical records, expenses and lost wages to get a clear picture of how the accident has affected you.


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

In this period it is recommended to exchange contact and insurance information with other drivers in the accident, if safe to do this. Note down the name, address, telephone number, insurance company, policy number, and driver’s license information for each person. Note the make year, make and license plate.

In the heat of the situation, it can be tempting to blame the other driver. But, this could backfire. angry remarks can be used against you in court and you should be calm and don’t admit any fault or guilt at the scene of the incident. If you are able, it’s a good idea also to collect the names and numbers of any witnesses who witnessed the collision.

Negotiating the Settlement

The process of negotiating a settlement after a car accident can be stressful, especially when you have to deal with expenses for medical treatment and lost income. Fortunately it is possible to speeded up by hiring a skilled lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will have a better knowledge of the law and how to calculate your total damages and losses and what to expect from an insurance company in settlement negotiations.

The first step is to write your letter of demand which contains the amount you require to pay for your injuries and expenses. Your attorney can help gather this information and also include any other documents that support your request. For instance, if included the insurance adjuster’s photos of your vehicle and injuries that were particularly strong the lawyer will refer to the photos during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages which are based on the mental and emotional anxiety you’ve experienced as a result of the accident.

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