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Tips For Filing a Car Accident Claim

In states without no-fault insurance you could be required to sue the driver at 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 you compensation for your injuries as well as car damage, and also for damages such as pain and suffering. The process typically includes the following steps:

Gathering Information

If you’re able to do so at the scene of the crash while it is still safe and secure, take photographs of all vehicles involved in the accident including the damage, as well as any injuries incurred. These photographs will prove that the accident happened in the manner you described it. Take pictures of the scene of the accident, and include any skidmarks or other debris.

If you can, it’s important to get the names, addresses and telephone numbers from eyewitnesses. They could be later able to testify on what happened and who was responsible. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit.

Note down the insurance details of all parties involved. You’ll need to know the name of the insurance company, the policy number, and the contact information as well as the license plate number and driver’s name. This information should be obtained as soon as you can to avoid issues or confusion later on.

Documentation of medical expenses and treatments can be valuable to a claim as well. Keep receipts for prescription medicines and other expenses caused by the accident. This can help in proving the damages you claim. If you are unable work because of an injury, you should keep all the lost wages.

Filing the Claim

It is best to make a claim as soon after the accident as possible in the event that you are able. This allows the insurance company to review your claim and begin working. This will ensure that you are in compliance with the New York law deadlines for filing your claim.

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

The insurance company may also have to determine the fault, if necessary. It can be helpful to have the final police report available for this purpose. However, it is important to keep in mind that determining fault is not always straightforward. Even if you believe the accident was your fault in some cases, other factors may have contributed. New York, for example is a state in which there has a relative negligence system, which means the amount of damages you incur is reduced by the proportion of your fault.

The insurance company will assign an adjuster for case. It’s a good idea bring your lawyer along while you speak with the adjuster. They’ll be able to offer an objective viewpoint and assist you negotiate an equitable settlement. If you are unable to reach a satisfactory settlement, it could be necessary to go to trial to receive the compensation you’re entitled to.

Inspecting the damage

The insurance company may want to visit the scene of the accident to examine it for themselves. They’ll likely interview you as well as other people involved in the crash, talk with witnesses and inspect your vehicles. They will also look over your medical records, expenses and lost wages to provide clear information about how the accident has affected you.

While you wait for the police to arrive, take pictures using your mobile phone. This will allow you to record the damage and skid marks on both cars and also the location of the vehicles.

In this instance it is recommended to exchange insurance and contact information with the other drivers involved in the accident, if safe to do so. Note down each person’s name address, phone number, address and insurance company, policy numbers, and driver’s license information. Also note the vehicle make year, year, and license plate number.


It’s tempting to blame another driver in the heat of the moment but this could be a backfire. Be calm and don’t admit fault or guilt. It’s also an excellent idea to collect the names and phone numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

The process of negotiating a settlement after an accident in the car can be stressful, particularly when you have to pay medical bills and income loss. Hiring an experienced lawyer to conduct all negotiations on behalf of you with the insurance company can speed up the process. An attorney will be able to better comprehend the law, estimate the total amount of damages you have suffered and also know what to expect during settlement negotiations with an insurance company.

The first step is to write a demand letter that includes the amount you want to cover your costs and injuries. auto accident lawsuit scranton can help in compiling this information and also include any other relevant documents to support the request. For instance, if for example you included the insurance adjuster’s photos of your car and injuries that were especially strong your lawyer will make mention of those during negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony that you’ve suffered as a result of the accident.

Insurance companies will consider your claim more seriously if you employ an attorney to negotiate the settlement on behalf of you. They may also offer a better settlement. If the insurance company refuses to offer an acceptable settlement, your attorney will file a lawsuit and advocate for you in court.