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Tips For Filing a Car Accident Claim

In states that do not have no-fault insurance, you could be required to sue the driver in a small claims court. Before you take this action you should talk to an experienced accident attorney.

The insurance company for the other party will investigate your claim to determine liability for the collision and compensate you for your injuries, car damage, and other losses, including pain and suffering. The process typically involves the following steps.

Gathering Information

If you are able to do so at the site of the crash, while it is safe and secure, take photographs of all the vehicles involved in the crash including the damage as well as any injuries sustained. These photos will help establish that the incident occurred as you described it. Take pictures of the site of the accident, including any skidmarks, debris or skid marks.

It is also important to obtain the names, addresses, and telephone numbers of witnesses, if possible. They may be able be later called in to testify about the circumstances of the accident and who was at fault. In some cases eyewitness testimony may be the most valuable piece of evidence in a case.


Note down the insurance details of all the parties involved. You’ll need the name of the insurance company, the policy number, and the contact information as well as the license plate number and driver’s name. Getting this information as soon as you can could avoid any confusion or disputes later.

Documentation of medical expenses and treatment can be extremely valuable in an insurance claim. Keep receipts for prescription medications as well as other expenses incurred due to the accident. This can be used to support the damages you claim. If you’re unable for work because of an injury, you should keep track of any lost wages.

Claim Form

It is best to submit a claim as fast after the accident as possible if you can. This gives the insurance company an opportunity to go through all of your documents and then get to work. This will ensure that you meet the New York law deadlines for filing your claim.

You’ll need to provide specifics about the accident including any injuries that you may have sustained. This information is used to calculate damages, which includes reimbursement for medical expenses, lost wages, damage to property, and pain and discomfort.

The insurance company will also have to determine the fault, should it be necessary. It can be helpful to have the final police report for this purpose. It is essential to keep in mind that determining the cause of the crash isn’t always a simple task. Even if you believe that the crash was your fault in certain circumstances, other factors could have contributed. For instance, New York is a state with a comparative fault, which means that your damages will be reduced based on your percentage of fault.

The insurance company will assign an adjuster for case. You should have your lawyer present when you talk to the adjuster. They can offer an impartial view and assist you to negotiate an acceptable settlement. If you are unable to reach an acceptable settlement, it could be necessary to go to trial to receive the compensation you deserve.

Inspecting the Damages

The insurance company may want to visit the scene of the accident and examine it for themselves. They’ll likely speak with you as well as any other participants involved in the accident, speak to eyewitnesses, and examine your vehicle. They will also go through your medical records, expenses and lost wages to provide an accurate picture of how the accident affected you.

While you wait for police to arrive Take pictures with your cell phone. This will allow you to document the skid marks and damage on both vehicles, as well as the location of the cars.

If you are sure, you can exchange contact and insurance information with other drivers involved in the accident. Note down auto accident law firm sunnyvale , addresses, phone number, insurance company’s policy number, and driver’s licence information of each driver. Note the vehicle’s model year, model and license plate.

In the heat of the situation, it can be tempting to blame another driver. However, this could backfire. Angerful remarks could be used against you in court So, keep your cool and do not admit to any fault or guilt at the scene of the accident. It is also recommended to collect the names and telephone numbers of eyewitnesses who witnessed the collision, if you can.

Negotiating the Settlement

Negotiating the settlement of a car accident claim can be stressful and frustrating, especially when you’re dealing with costs for medical expenses and lost wages. Fortunately it is possible to made easier by hiring a knowledgeable lawyer to handle all negotiations with the insurance company on your behalf. An attorney can better comprehend the law, estimate the total amount of damages you have suffered and understand what to anticipate during settlement negotiations with an insurance company.

The first step is to write a letter of demand that contains the amount you require to cover your expenses and injuries. Your attorney can help gather this information and also include any other documents to support your request. If you have sent pictures of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer will include them in negotiations. Additionally, your lawyer will remind the adjuster of your pain and damages, which are based on the mental and emotional anguish you have suffered because of the accident.

If you engage a lawyer to negotiate a settlement on behalf of you Insurance companies take claims much more seriously and usually offer higher settlements. Your attorney will start a lawsuit if the insurance company refuses to pay a fair settlement.