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Tips For Filing a Car Accident Claim

In states that haven’t adopted no-fault insurance, you may have to sue the other driver in a small claims court. It is recommended to hire an experienced accident lawyer before making this decision.

The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries and car damage, and also for losses such a pain and suffering. The process usually involves the following steps.

Gathering Information

Photograph the vehicles involved in the crash. Include any damage and injuries. Taking these photographs could help to prove that the accident was as you described it. Photograph the accident site, including any skidmarks or other debris.

If possible, it’s important to obtain the names, addresses and telephone numbers from eyewitnesses. They may be able be later called in to testify about the cause of the accident as well as who was at fault. In some cases eyewitness testimony may be the most important evidence in a case.

Note down the insurance information of all 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 gathered in the earliest time possible to avoid doubts or disputes later.

Documentation of medical bills and treatment can be extremely valuable for a claim. Keep auto accident lawsuit erie for prescription medicines and other costs related to the accident. This could be helpful in proving the damages you claim. If you are unable to work due to an injury you should keep an eye on any lost wages.

Filing the Claim

If you are able to file a claim, it’s best to submit your claim as quickly as you can after the incident. This will allow the insurer to review your documents and begin work. It will also ensure that your claim meets the deadlines stipulated by New York law.

If you are filing a car insurance claim it is necessary to provide details about the accident and any injuries you suffered as a result. The information you provide will be used to calculate damages, including reimbursement for medical expenses, lost wages, property damage as well as discomfort and pain.

The insurance company may also need to determine fault, when necessary. The final police report may be useful for this. It is essential to remember that determining the fault isn’t always an easy task. Even if you believe that the accident was your fault in certain cases, other factors may have contributed. For example, New York is a state with a comparative fault which means that your damages will be reduced based on the percentage of fault you have.

The insurance company will assign a case adjuster. It’s recommended to bring your lawyer along when you speak to the adjuster. They’ll be able to offer an objective viewpoint and assist you negotiate a fair settlement. If you’re unable to reach a settlement that is satisfactory, you may need to go to court to get the money you deserve.

Inspecting Damages

The insurance company will visit the scene of the accident to see it for themselves. They’ll likely interview you and the other parties involved in the accident as well as interview witnesses and inspect your vehicle. They will also look over your medical records, expenses and lost wages to provide an accurate picture of how the accident affected you.

While you are waiting for the police, take photos with your mobile phone. This will allow you to record skid marks, the locations of both cars and their severity of damage, and the presence of any obstructions.


In this instance, you should exchange insurance and contact information with other drivers involved in your accident, if it is safe to do so. Note down the name of each person address, phone number, address and the insurance company’s policies numbers, and driver’s license 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. Angerful remarks can be used against you in court and you should be calm and avoid admitting any fault or guilt at the scene of the incident. If possible, it’s a good idea also to collect the names and telephone numbers of witnesses who witnessed the collision.

Negotiating the Settlement

Settlement negotiations for a car accident is difficult, especially if you are faced with medical bills and lost income. Hiring an experienced lawyer to conduct all negotiations on your behalf with the insurance company could accelerate 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 in settlement negotiations.

The first step in the settlement process is to prepare a demand letter that includes your demand for the amount you require to cover your injuries and expenses. Your attorney can help gather this information and also include any other documentation that supports your request. For instance, if provided the insurance adjuster with photos of your vehicle and injuries that were particularly severe the lawyer will refer to these during negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and suffering damages that are based upon the emotional distress and mental anxiety you’ve endured as a result of the accident.

Insurance companies will take your claim more seriously if employ an attorney to negotiate an agreement on behalf of you. They may also offer a greater settlement. If the insurance company refuses to provide an equitable settlement, your lawyer will start a lawsuit and advocate for you in court.