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Tips For Filing a Car Accident Claim

In states that have not adopted no-fault insurance, you could need to sue the other driver in small claims court. It is recommended to hire an experienced accident lawyer before taking this step.

The other party’s insurance provider will investigate your claim to determine liability for the collision and provide compensation 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 you are still in a safe place to do so, take pictures of all the vehicles involved in the crash, including the damage and any injuries incurred. These photographs can help show that the accident took place in the manner you described it. Take pictures of the scene of the accident, including any skidmarks or other debris.

It is also vital to get the names, addresses and telephone numbers of witnesses, if possible. They may be able to provide evidence later on as to the circumstances of the accident and who was at fault. In certain instances eyewitness testimony could be the most valuable piece of evidence in the case.

Note down the insurance information of all the parties involved. auto accident attorneys edinburg ‘ll require the name of the insurance company as well as policy number and contact information, along with the driver’s name and license plate number. It is important to get this information as soon as possible to avoid confusion or disputes later.

Documentation of medical bills and treatment is also very useful for a claim. Keep receipts for prescription pain medication and other expenses caused by the accident can help prove the damages outlined in the claim. If you are unable work due to an injury you must keep track of any lost wages.

Filing the Claim

It is best to file a claim as soon after the incident as you can in the event that you are able. This will allow the insurance company to review your claim and begin work. This ensures that you’re in compliance with the New York law deadlines for filing your claim.

You’ll need to provide specifics regarding the incident including any injuries you suffered. The information you provide will be used to calculate damages, including compensation for medical expenses, lost wages, property damage and discomfort and pain.

The insurance company will have to determine the fault, if necessary. The final police report can be helpful in this regard. However, it is important to remember that determining fault is not always straightforward. In some cases, even if you think the accident was your fault other factors could have contributed to the crash. For instance, New York is a state of comparative fault, which means that your damages will be reduced by the percentage of fault you have.

The insurance company will assign a case adjuster. It’s a good idea to bring your lawyer along when you speak to the adjuster. They can offer a neutral perspective and help you negotiate an acceptable settlement. If you’re not able to reach an acceptable settlement, it might be necessary to go to trial to secure the compensation you’re due.

Inspecting for Damages

They will like to visit the scene of the accident to see the scene. They’ll likely interview you and any other parties who were involved in the collision, speak to eyewitnesses, and examine your vehicle. They will also review your medical records, expenses and lost wages in order to gain a better understanding of the effect that the accident had on you.

While you are waiting for the police to arrive, snap pictures with your phone. This will allow you to document the damage and skid marks on both cars and the location of the vehicles.

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

In the midst of a situation, it might be tempting to point the finger at another driver. However, this can backfire. The words you say can be used against you in court and you should be calm and don’t admit any guilt or fault at the scene of the incident. It’s also an ideal idea to record the names and telephone numbers of witnesses who witnessed the accident, if they are able to.

Negotiating the Settlement

The process of negotiating a settlement after an auto accident can be stressful, especially when you must deal with medical bills and loss of income. Employing an experienced attorney to negotiate on your behalf with the insurance company will accelerate the process. An lawyer will better comprehend the law, estimate your total damages and be aware of what to anticipate during settlement negotiations with an insurance company.

The first step is to draft a letter of demand that includes the amount you want to pay for your injuries and expenses. Your attorney can assist you in compiling the information, and also include any other relevant documents that support your request. If you have sent pictures of your vehicle or injuries that were particularly serious to the insurance adjuster, your lawyer will mention them during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages that are based on the mental and emotional anxiety you’ve experienced as a result of the accident.


Insurance companies will treat your claim more seriously if you engage an attorney to negotiate for a settlement on behalf you. They may also offer a greater settlement. Your lawyer can file a suit if the insurance company does not agree to a fair settlement.