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Tips For Filing a Car Accident Claim

In states with no-fault insurance you could be required to sue the driver at a small claims court. It is recommended to hire an experienced accident lawyer before taking this step.

The insurance company of the other party will investigate your claim to determine the liability for the collision and award compensation for your injuries, car damage, and other losses, such as pain and suffering. The process typically includes the following steps:

Gathering Information

Take photographs of the cars involved in the crash. Include any damage and injuries. Photographs can be used to prove that the incident occurred as you’ve described. Also, take pictures of the accident scene itself and any skid marks or other debris which are present.

It is also vital to get the names, addresses, and telephone numbers of eyewitnesses if possible. They could be later able to provide evidence about what transpired and who was at fault. In some instances, eyewitness testimony is the most reliable evidence in a lawsuit.

Note down the insurance information of all parties involved. You’ll need to know the name of the insurance company and the policy number and the contact information as well as the license plate number and driver’s name. It is important to get this information as soon as possible could prevent confusion or disputes later on.


Documentation of medical expenses and treatments could be extremely helpful to support a claim. Keeping auto accident lawsuit fort wayne for prescription painkillers and other expenses caused by the wreck could support the damages that are claimed in the claim. If you are unable work due to an injury, you must keep all the lost wages.

Filing the Claim

If you are able to file a claim, it’s best to start your claim as soon as you can after the incident. This allows the insurer to review your paperwork and begin work. This will ensure that you meet the New York law deadlines for filing your claim.

You’ll need to give details about the accident and any injuries you suffered. The information you provide will be used to calculate your damages which could include compensation for medical bills, lost wages, property damage, as well as suffering and pain.

If necessary the insurance company must to determine who is to blame. It is helpful to have the final police report to aid in this process. However it is important to keep in mind that determining fault is not always easy. Even if you believe the crash was your fault in a few circumstances, other factors could have contributed. New York, for example, is a state that has a comparative negligence system, which means that your damages are reduced according to the percentage of your fault.

The insurance company will assign an adjuster for cases. It is recommended to bring your lawyer with you when you talk to the adjuster. They can provide an objective perspective and assist you negotiate a fair settlement. If you’re unable agree on a settlement that’s satisfactory, you may have be in court to obtain the compensation you deserve.

Examining the Damages

They will want to go to the accident scene to see what they can. They’ll likely question you and any other parties involved in the crash and speak with witnesses, and examine your vehicles. They will also review your medical records, your expenses and lost wages to provide clear information about how the accident affected 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, as well as the exact location of the cars.

If it’s safe you can exchange insurance and contact information with other drivers involved in the crash. Jot down each person’s name and address, along with the telephone number and the insurance company’s policy numbers, and driver’s license information. Also note the vehicle’s make year, year and license plate number.

In the midst of the circumstances, it could be tempting to blame another driver. However, this could backfire. Angry remarks can be used against you in court, so keep your cool and don’t admit any fault or guilt at the scene of the collision. If possible, it’s a good idea also to collect the names and phone numbers of witnesses who witnessed the collision.

Negotiating the Settlement

Negotiating a settlement for a car accident is difficult, especially if you have to pay medical bills and lost income. Fortunately you can get the process speeded up by hiring a skilled lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will better comprehend the law, estimate your total damages, and know what to anticipate during settlement negotiations with an insurance company.

The first step is to write your letter of demand which includes the amount you need to pay for your medical expenses and other injuries. Your lawyer can help you gather this information and also include any other documents to support your request. For instance, if for example you included the insurance adjuster’s photos of your vehicle and injuries that were especially strong your lawyer will make mention of those photos in negotiations. In addition, your attorney will remind the adjuster of your pain and damages that are based on the emotional distress and mental anxiety you’ve endured as a result of the accident.

Insurance companies will treat your claim more seriously if you engage an attorney to negotiate for a settlement on behalf you. They may also offer a higher settlement. If the insurance company refuses to provide a fair settlement, your lawyer will start a lawsuit and fight for you in court.