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Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance, you may need to sue the other driver in small claims court. Before taking this step you should talk to an experienced attorney for accidents.

The insurance company of the other side will examine your claim to determine the liability for the collision and award compensation for your injuries, car damage, and other losses, including pain and suffering. The process usually consists of the following steps.

Gathering Information

Take photos of the vehicles involved in the collision. Include any injuries or damage. The photos you take can help to prove that the incident occurred as you have described. Take pictures of the scene of the accident, including any skidmarks or debris.

It is also crucial to collect the names, addresses and telephone numbers of eyewitnesses if possible. They may be able testify later as to the circumstances of the accident and who was at fault. In some cases eyewitness testimony is the most important evidence in a lawsuit.

Note down the insurance information of all the parties involved. You’ll need the name of the insurance company along with the policy number and the contact information as well as the license plate number and driver’s name. This information should be obtained immediately to avoid any doubts or disputes later.


Documentation of medical bills and treatment could be extremely helpful to support claims. Keep receipts of prescription medication and other costs related to the accident. This can be used to support the damages you claim. If you’re unable for work due to injury, you should keep all the lost wages.

Filing the Claim

It is recommended that you make a claim as soon following the accident as should you be able to. This gives the insurance company an opportunity to review all of your documents and begin work. This ensures that you meet the New York law deadlines for filing your claim.

You’ll have to provide information about the accident including any injuries you may have sustained. This information will be used to calculate your damages which may include compensation for medical bills, lost wages property damage, and suffering and pain.

The insurance company may also need to determine fault, should it be necessary. It can be helpful to have the final police report available to aid in this process. It is essential to keep in mind that determining who is to blame isn’t always a simple task. Even if you believe that the crash was your fault in some circumstances, other factors could have contributed. New York, for example is a state that has a comparative negligence system. This means that the amount of damages you incur is reduced by the percentage of your fault.

The insurance company will assign an adjuster for case. It’s recommended to have your lawyer with you as you talk to the adjuster. They’ll be able to offer an objective perspective and help you negotiate an equitable settlement. If you’re unable to reach a settlement that is acceptable, you may have be in court to obtain the compensation you are entitled to.

Examining the Damages

They’ll be keen to visit the scene of the accident to witness the scene. auto accident lawsuit louisville may interview you and any other participants in the crash, talk to witnesses and inspect your vehicles. They will also look over your medical records, your expenses, and lost wages in order to obtain a more precise picture of the impact of the crash on you.

While you wait for the police, take pictures with your phone. This will allow you to document the damage and skid marks on both cars and also the location of the cars.

In this period you should share contact and insurance information with other drivers in the accident, if it is safe to do so. Jot down each person’s name and address, along with the telephone number and the insurance company’s policies numbers, and driver’s license information. Note the car’s make, year 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. The words you say could 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. It’s also recommended to collect the names and phone numbers of witnesses to the collision, if possible.

Negotiating the Settlement

Settlement negotiations for a car accident can be stressful, especially when you are faced with medical bills and lost income. Employing an experienced attorney to negotiate on your behalf with the insurance provider can expedite the process. An attorney will have a better knowledge of the law and how to calculate 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 to prepare an official demand letter that outlines your request for the amount that you require to cover your injuries and expenses. Your attorney can assist you in compiling the information, and include any supporting documents that support your request. If you submitted photos of your vehicle or injuries that were particularly serious to the insurance adjuster, your lawyer will include them in negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and damages which are based on the mental and emotional anguish you have suffered because of the accident.

If you engage an attorney to negotiate the settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements. The lawyer will pursue a lawsuit if an insurance company refuses to pay a fair settlement.