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Tips For Filing a Car Accident Claim

In states with no-fault insurance you could have to sue the driver in a small claims court. Before taking this action, you should consult with an experienced attorney for accidents.

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

Gathering Information

If you’re able to do so at the scene of the crash, while it is still safe to do so, take pictures of all the vehicles involved in the crash including the damage as well as any injuries sustained. These photos can help to prove that the incident occurred as you’ve described. Take pictures of the accident site, including any skidmarks or debris.

It is also important to collect the names, addresses, and telephone numbers of witnesses, if possible. They could be later able to testify about what happened and who is responsible. In certain instances eyewitness testimony could be the most valuable evidence in a case.

Note down the insurance details of all parties involved. You’ll need to know the name of the insurance company and the policy number and contact details along with the license plate number and driver’s name. These details should be obtained immediately to avoid any confusion or disputes later.

Documentation of medical expenses and treatment is also very useful for an insurance claim. Maintaining receipts for prescription painkillers and other expenses caused by the accident can help prove the damages that are claimed in the claim. Also, if unable to work due to injuries, it’s vital that you keep records of the wages you lost.

Claim Form


If you are able to file a claim it is recommended to file your claim as soon as possible following the incident. This allows the insurance company to review your documents and get started. This will ensure that you are in compliance with the New York law deadlines for filing your claim.

You’ll need to provide details regarding the incident including any injuries that you suffered. The information you provide will be used to calculate the amount of damages you’ve suffered, which could include reimbursement for medical expenses, lost wages, property damage, as well as the pain and suffering.

If required the insurance company will need to determine who is to blame. The final police report could serve as a reference point. It is crucial to remember that determining the cause of the crash isn’t always a simple task. Even if you believe the crash was your fault in a few cases, other factors may have contributed. New York, for example is a state that has a comparative negligence system. This means that your damages are diminished by the percentage of your fault.

The insurance company will assign an adjuster for case. It is important to have your attorney with you when you meet with the adjuster. They’ll be able to offer an objective view and help you negotiate a fair settlement. If you’re unable to come to a settlement that is satisfactory, you may have be in court to get the money that you are entitled to.

Inspecting Damages

The insurance company will visit the scene of the accident to examine it for themselves. They will probably interview you as well as other people involved in the accident, talk to witnesses and inspect your vehicles. They will also review your medical records, your expenses, and lost wages to gain a better understanding of the accident’s impact on you.

While you wait for the police to arrive at the scene, try to 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 cars.

If it’s safe you can exchange contact and insurance information with the other drivers involved in the collision. Note down the names of everyone involved and address, along with the telephone number and the insurance company’s policy numbers and driver’s license information. Note the vehicle’s model year, year and license plate number.

It’s tempting to point fingers at another driver in the heat of the moment but this could be a backfire. Keep your cool and don’t admit fault or guilt. If you can, it’s a good idea to also collect the names and telephone numbers of any eyewitnesses that witnessed the collision.

Negotiating the Settlement

Negotiating the settlement of a car accident claim can be stressful and difficult, particularly when you’re faced with medical bills and lost wages. Engaging an experienced lawyer to negotiate on behalf of you with the insurance provider can make the process easier. An lawyer will have a better understanding of the law and the best way to calculate your total damages and losses and what you can expect from an insurance company in settlement negotiations.

auto accident attorneys lexington is to draft your letter of demand which contains the amount you require to cover your costs and injuries. Your lawyer can assist you gather this information and also include any other relevant documents to support your request. For instance, if for example you provided the insurance adjuster with photos of your vehicle and injuries that were especially strong and significant, your lawyer will highlight the photos during negotiations. Your lawyer will remind the adjuster of the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony you have endured as a result of the collision.

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