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Tips For Filing a Car Accident Claim

In states without no-fault insurance you could have to file a lawsuit against the driver in a small claims court. Before you do this, you should consult with an experienced accident attorney.

The other party’s insurer will examine your claim and determine liability for the collision. They will then award you compensation for your injuries and damage, as well as the losses resulting from pain and suffering. The process typically involves the following steps.

Gathering Information

Photograph the vehicles involved in the crash. Include any injuries and damages. The photos you take can help to prove that the crash occurred as you’ve described. Photograph the site of the accident, including any skidmarks or debris.

It is also essential to obtain the names, addresses and phone numbers of eyewitnesses if possible. They could be able be later called in to testify about the circumstances of the accident and who was responsible. In some instances, eyewitness testimony is the most valuable evidence in the course of a lawsuit.

Note down the insurance information of all the parties involved. You’ll need the name of the insurance company as well as the policy number and contact details as well as the license plate number and driver’s name. It is important to get this information as soon as you can to avoid any issues or confusion later on.

Documentation of medical treatment and expenses can be valuable to the claimant as well. In keeping receipts for prescription pain medication and other expenses related to the crash could be helpful in proving the damages that are claimed in the claim. Also, if unable to work due to injuries, it’s vital that you keep an eye on your lost wages.

Filing the Claim

It is recommended that you file a claim as soon after the accident as soon in the event that you are able. This gives the insurance company the chance to review all of your documents and get to work. It also ensures that your claim is in compliance with the deadlines set by New York law.

In order to file an insurance claim for your car, you’ll need to provide details about the accident as well as any injuries that you sustained due to it. This information will be used to calculate your damages, which could include reimbursement for medical bills, lost wages, property damage, and pain and suffering.

If necessary, the insurance company must to determine who is at fault. The final police report may be helpful in this regard. It is crucial to remember that determining fault isn’t always a simple task. Even if you believe the crash was your fault in a few cases, other factors could have contributed. For instance, New York is a state that is a comparative fault one which means that your damages will be diminished by your percentage of fault.

The insurance company will assign an adjuster for cases. It’s a good idea have your lawyer with you during your conversation with the adjuster. They can provide a neutral perspective and help you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it may be necessary to go to trial to receive the compensation you’re entitled to.

Inspecting the damage


The insurance company will visit the scene of the accident and examine the accident for themselves. They’ll likely speak with you as well as any other participants involved in a crash and speak with witnesses, and look over your vehicle. They will also go through your medical records, expenses and lost wages to get an understanding of how the accident affected you.

While you wait for police to arrive Try taking pictures using your mobile phone. This will allow you to document the damage and skid marks on both vehicles as well as the location of the cars.

If you are sure, you can exchange insurance and contact information with the other drivers involved in the accident. Note down the name of each person, address, telephone number and insurance company, policies numbers, and driver’s license information. Note the make, year and license plate.

It’s tempting to blame another driver in the heat of the moment but this could be a backfire. Keep your cool and don’t acknowledge fault or guilt. If possible, it’s good idea also to collect the names and contact numbers of any witnesses who witnessed the collision.

Negotiating the Settlement

The process of negotiating the settlement of a car accident claim can be difficult and stressful, especially when you’re faced with expenses for medical treatment and lost wages. Hiring an experienced lawyer to conduct all negotiations on behalf of you with the insurance company can accelerate the process. An attorney will have a better understanding of the law and how to calculate your total losses and damages and what to expect from an insurance company during settlement negotiations.

The first step is to draft a letter of demand that includes the amount you need to pay for your medical expenses and other injuries. Your lawyer can assist you gather this information and also include any other documents to support your request. For instance, if for example you have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly serious, your lawyer will mention those during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages which are based on the emotional distress and mental stress you’ve suffered as a result of the accident.

Insurance companies will treat your claim more seriously if you engage an attorney to negotiate an agreement on behalf of you. They may also offer a higher settlement. If auto accident lawsuit high point refuses to provide an equitable settlement, your lawyer will make a claim and advocate for you in court.