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Tips For Filing a Car Accident Claim

In states that haven’t adopted no-fault insurance, you could be required to file a lawsuit against the other driver in small claims court. Before taking this action it is recommended to consult an experienced accident attorney.

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

Gathering Information

Photograph the vehicles involved in the accident. Include any damage and injuries. Taking these photographs could help to prove that the crash was as you described it. Additionally, take photographs of the accident scene itself including any skid marks or other debris that may be present.

It is also vital to obtain the names, addresses and telephone numbers of eyewitnesses if possible. They might be able later to testify as to what transpired and who was at fault. In some cases eyewitness testimony is the most reliable evidence in the course of a lawsuit.


Get the insurance information of all the parties involved in the accident. You’ll need to know the name of the insurance company, the policy number, and the contact information along with the license plate number and driver’s name. If you get this information as early as you can could avoid confusion or disputes later on.

Documentation of medical treatment and expenses can prove valuable in the claimant as well. Keep receipts for prescription pain medications and other expenses incurred as a result of the accident could help support the damages that are claimed in the claim. If you are unable to work due to your injuries, it is vital that you keep records of the wages you lost.

Filing the Claim

If you have the ability to do so you should make your claim as soon as you can after the incident. This allows the insurer to review your documents and begin work. It will also ensure that your claim is in compliance with the deadlines set by New York law.

You’ll have to provide information about the accident and any injuries you sustained. The information you provide will be used to calculate your damages, which may include compensation for medical bills, lost wages property damage, and pain and suffering.

If necessary, the insurance company will need to determine who is at fault. It is helpful to have the final police report for this purpose. It is crucial to keep in mind that determining fault is not always an easy task. Even if you believe the crash was your fault in certain cases, other factors could have contributed. New York, for example is a state that has a comparative negligence system, meaning your damages are reduced according to the percentage of your fault.

The insurance company will assign an adjuster to your case. It’s recommended to bring your lawyer along as you talk to the adjuster. They can provide an impartial perspective and assist you to negotiate an acceptable settlement. If you’re unable to negotiate an acceptable settlement, it could be necessary to go to court to receive the compensation you’re entitled to.

Examining the Damages

They’ll want to visit the scene of the crash to see for themselves. They’ll likely speak with you and the other parties involved in the crash and speak with witnesses, and examine your vehicle. They will also look over your medical records, your expenses, and lost wages to get a clearer picture of the effect that the accident had on you.

While you wait for the police to arrive at the scene Try taking pictures with your cell phone. This will allow you to record the damage and skid marks on both cars, as well as the exact location of the vehicles.

If you are sure, you can exchange contact and insurance information with the other drivers involved in the crash. Note down the names of everyone involved address, phone number, address and insurance company, policy numbers and driver’s licence information. Also note the vehicle’s make year, year and license plate number.

It may be tempting to blame another driver in the midst of a crisis, but this can backfire. Angry remarks could be used against you in court Be calm and do not admit to any fault or guilt at the scene of the accident. It is also an excellent idea to collect the names and contact numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

Negotiating the settlement of a car accident claim can be difficult 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 know what to expect in settlement negotiations with an insurance company.

The first step is to write a demand letter that includes the amount you need to cover your costs and injuries. Your attorney can help you compile this information and include any other documents to support your request. For example, if you included the insurance adjuster’s photos of your vehicle and injuries that were particularly serious and significant, your lawyer will highlight those during negotiations. Your attorney will remind the adjuster of the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony that you’ve endured as a result of the collision.

Insurance companies will take your claim more seriously if employ an attorney to negotiate an agreement on behalf of you. auto accident lawyer portland will also give you a higher settlement. If the insurance company refuses to offer a fair settlement, your lawyer will bring a lawsuit and represent you in court.