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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 taking this action you should talk to an experienced attorney for accidents.

The insurance company of the other party will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage, and other losses, such as pain and suffering. The process typically involves the following steps.

Gathering Information

If you’re able to do it at the scene of the collision while it is safe and secure, take photographs of all the vehicles involved in the crash including the damage as well as any injuries that may have occurred. Photographs can be used to prove that the incident was as you described it. Take pictures of the scene of the accident, including any skidmarks or other debris.

If possible, it’s important to get the names, addresses and telephone numbers from eyewitnesses. They might be able later to testify on the circumstances surrounding the incident and who was accountable. In certain instances, eyewitness testimony is the most reliable evidence in a lawsuit.

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

Documentation of medical expenses and treatment can also be very valuable for claims. Keep receipts for prescription medications and other expenses incurred due to the accident. This can be used to support the damages you claim. Also, if you are unable to work due to injuries, it’s important to keep an eye on your lost wages.

Claim Form


If you’re able to do so it is recommended to file your claim as soon as possible after the incident. This gives the insurance company an opportunity to review all of your documents and get to work. This will ensure that you meet the New York law deadlines for filing your claim.

You’ll need to provide details regarding the incident including any injuries that you may have sustained. This information is used to calculate damages. This includes the amount of compensation for medical expenses, loss of wages, damage to property and discomfort and pain.

The insurance company will also have to determine the fault, if necessary. It is beneficial to have the final police report available to assist in this. It is important to keep in mind that determining fault isn’t always an easy task. In some instances even if you believe the crash was your fault, other factors might have contributed to the crash. For example, New York is a comparative fault state meaning that your damages will be reduced based on your percentage of fault.

The insurance company will assign an adjuster to your case. It’s a good idea bring your lawyer along during your conversation with the adjuster. They’ll be able to offer an objective viewpoint and assist you negotiate a fair settlement. If you’re not able to come to a settlement that is acceptable, you may have be in court to obtain the compensation you are entitled to.

Inspecting the Damages

They will want to go to the scene of the accident to witness for themselves. They’ll probably question you as well as other people involved in the accident, speak to witnesses and inspect your vehicles. They will also go through your medical records, your expenses and lost wages to get an accurate picture of how the accident has affected you.

While you wait for the police to arrive, snap photos with your mobile phone. This will help document skid marks as well as the location of both vehicles, their extent of damage, and the presence of any obstructions.

In this period it is recommended to share contact and insurance information with other drivers involved in your accident, if it is safe to do so. Note down the name, address, telephone number, insurance company, policy number, and driver’s licence details of each driver. Note the car’s make year, year and license plate.

In the midst of the situation, it may be tempting to blame the other driver. However, this can backfire. Angry remarks could be used against you in court Be calm and avoid admitting any fault or guilt at the scene of the incident. It’s also a good idea to gather the names and telephone numbers of witnesses to the collision, if you can.

Negotiating the Settlement

Negotiating a settlement for a car accident is difficult, especially if you have to pay medical bills and loss of income. Hiring auto accident attorneys avondale to conduct all negotiations on behalf of you with the insurance company can expedite the process. An attorney can better know the law, calculate the total amount of damages you have suffered and understand what to expect during settlement negotiations with an insurance company.

The first step is to draft a demand letter that contains the amount you require to cover your costs and injuries. Your attorney can help you compile this information and include any other documentation that supports 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. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages which are based on the emotional distress and mental anguish you have suffered because of the accident.

If you hire an attorney to negotiate the settlement on behalf of you, insurance companies treat claims much more seriously and usually offer higher settlements. The lawyer will pursue a lawsuit if an insurance company does not agree to a fair settlement.