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Tips For Filing a Car Accident Claim In states that havent adopted nofault insurance you might need to sue the other driver in small claims court Before taking this action you should speak with an experienced accident lawyer The other partys insurance provider will investigate your claim to determine liability for the collision and pay compensation for your injuries car damage and other losses including pain and suffering The process usually involves the following steps Gathering Information Take photographs of the cars involved in the accident Include any injuries or damage Photographs can be used to prove that the accident took place as youve described Take pictures of the site of the accident including any skidmarks debris or skid marks It is also crucial to collect the names addresses and telephone numbers of witnesses if possible They might later be able to testify about what happened and who was accountable In some cases eyewitness testimony is the most valuable piece of evidence in the case Note down the insurance details of all parties involved Youll need to know the name of the insurance company along with the policy number and the contact information as well as the license plate number and drivers name This information should be gathered as soon as possible to avoid any confusion or disputes later Documentation of medical expenses and treatments can be valuable to an insurance claim too In keeping receipts for prescription pain medications and other expenses caused by the accident could help support the damages outlined in the claim If youre unable for work due to injury you should keep all the lost wages Filing the Claim It is recommended that you file a claim as soon following the accident as when you are able to This allows the insurance company to review your documents and begin working It also ensures that your claim meets the deadlines stipulated by New York law In order to file an insurance claim on your car when filing a claim youll need details about the accident and any injuries that you sustained due to it The information you provide will be used to calculate damages This includes reimbursement for medical expenses loss of wages damage to property and discomfort and pain If necessary the insurance company will need to determine who is the culprit It is beneficial to have the final police report available for this purpose It is essential to remember that determining the fault is not always an easy task Even if you believe that the crash was your fault in certain circumstances other factors could have contributed For example New York is a state that is a comparative fault one meaning that your damages will be reduced by the percentage of fault you have The insurance company will assign an adjuster to your case Its a good idea have your lawyer with you when you speak to the adjuster Theyll be able to provide an objective perspective and help you negotiate an equitable settlement If youre unable to negotiate a satisfactory settlement it could be necessary to go to trial to get the money youre entitled to Inspecting Damages The insurance company will visit the scene of the accident and examine it for themselves Theyll likely interview you and any other parties who were involved in the collision as well as interview witnesses and inspect your vehicle They will also examine your medical records your expenses and lost wages to get clear information about how the accident affected you While you wait for the police to arrive try to take pictures using your mobile phone This will allow you to record skid marks locations of both cars and their extent of damage and the presence of any obstructions If its safe you can exchange contact and insurance information with the other drivers involved in the accident Note down the names of everyone involved and address as well as their phone number and insurance company policy numbers and drivers license information Also note the vehicle make year and license plate number It may be tempting to blame another driver in the heat of the moment but this could be a backfire Keep your cool and dont admit fault or guilt Its also an excellent idea to collect the names and contact numbers of witnesses who witnessed the accident if they are able to Negotiating the Settlement The process of negotiating a settlement after a car accident can be stressful especially when you have to pay medical bills and income loss Hiring an experienced attorney to conduct all negotiations on your behalf with the insurance provider can speed up the process An attorney will have a greater understanding of the law how to calculate your total damages and losses and what to expect from an insurance company during settlement negotiations auto accident attorneys tracy in the settlement process is to write an offer letter that contains your request for the amount you need to pay for your injuries and expenses Your attorney can assist you in compiling this information and include any relevant documents to support the request For instance if you have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly strong your lawyer will make mention of the photos during negotiations Your lawyer will remind the adjuster of the damages you suffered due to pain and suffering These are based on emotional distress and mental agony that youve endured as a result of the collision Insurance companies will treat your claim more seriously if hire an attorney to negotiate an agreement on behalf of you They may also offer a better settlement Your lawyer will bring a lawsuit if the insurance company refuses a fair settlement
