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Tips For Filing a Car Accident Claim

In states where there is no no-fault insurance you could have to file a lawsuit against the driver in a small claims court. You should consider hiring an experienced accident lawyer prior to taking this step.

The other party’s insurer will investigate your claim and determine the liability for the collision. They will then award compensation for your injuries and damage as well as for damages such as pain and suffering. The process usually consists of the following steps.

Gathering Information

If you’re able do it at the scene of the accident while it is still safe you should take photos of all the vehicles involved in the accident including the damage, as well as any injuries that were sustained. Photographs can be used to prove that the accident occurred as you’ve described. Also, take photos of the scene including any skid marks or debris which are present.

It is also important to get the names, addresses, and telephone numbers of eyewitnesses if possible. They could be able testify later as to what caused the accident and who was responsible. In certain cases eyewitness testimony is the most valuable evidence in the case.

Take down the insurance information of all the parties involved in the wreck. You’ll need to know the name of the insurance company along with the policy number and the contact information along with the license plate number and driver’s name. This information should be obtained in the earliest time possible to avoid confusion or disputes later on.

Documentation of medical expenses and treatments can also be very valuable for a claim. Keeping receipts for prescription pain medications and other expenses related to the accident can help prove the damages outlined in the claim. Also, if unable to work due to the injuries you sustained, it is vital that you keep records of the wages you lost.

Claim Form

If you’re able to file a claim it’s recommended to file your claim as soon as you can following the accident. This gives the insurance company the chance to look over all your documents and then get to work. It will also ensure that your claim will be processed within the deadlines stipulated by New York law.

When auto accident law firm peoria file a car insurance claim when filing a claim, you’ll need details of the incident and any injuries you suffered as a result. This information 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 suffering and pain.

The insurance company will also have to determine fault in the event of a need. The final police report could be helpful for this. It is essential to remember that determining who is to blame isn’t always an easy task. In some instances even if you believe the crash was your fault, other factors could have contributed to the accident. New York, for example, is a state that has a comparative negligence system, meaning your damages are reduced by the percentage of your fault.

The insurance company will assign an adjuster to your case. It is important to have your attorney with you when you meet with the adjuster. They can offer a neutral perspective and help you to negotiate an acceptable settlement. If you’re unable to negotiate a satisfactory settlement, it could be necessary to go to court to receive the compensation you deserve.

Inspecting Damages

The insurance company will visit the scene of the accident to examine the scene for themselves. They may interview you and the other people involved in the accident, speak to eyewitnesses and look at your vehicles. They will also scrutinize your medical records, expenses and lost wages to have a better understanding of the accident’s impact on you.

While you wait for the police to arrive, take pictures using your mobile phone. This will allow you to record the skid marks and damage on both cars and the location of the cars.

If it’s safe you can exchange insurance and contact information with other drivers involved in the collision. Jot down each person’s name, address, telephone number and insurance company, policies numbers, and driver’s license information. Note the car’s make, year and license plate.

It may be tempting to point fingers at another driver in the midst of a crisis however, this could backfire. Angerful remarks could be used against you in court and you should be calm and avoid admitting any guilt or blame at the scene of the collision. If you are able, it’s a good idea to gather the names and numbers of anyone who witnessed the collision.

Negotiating the Settlement


The process of negotiating a settlement after an auto accident can be stressful, especially when you are faced with medical bills and loss of income. Hiring an experienced lawyer to handle all negotiations on behalf of you with the insurance company will speed up the process. An lawyer will better understand the law, calculate your total damages and also know what to expect during settlement negotiations from an insurance company.

The first step in the settlement process is to draft a demand letter that includes your demand for the amount you need to cover your injury and expenses. Your attorney can help create this list and include any other documents that support your request. If you submitted photos of your vehicle or any injuries which were particularly serious to the insurance adjuster, your lawyer will mention them during negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and suffering damages which are based on the mental and emotional anxiety you’ve endured as a result of the accident.

If you hire a lawyer to negotiate a settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements. If the insurance company refuses to provide an equitable settlement, your lawyer will make a claim and fight for you in court.