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Tips For Filing a Car Accident Claim In states that have not adopted nofault insurance you might have to sue the other driver in small claims court Before taking this action you should consult with an experienced accident lawyer The other partys insurer will examine your claim and determine the liability for the collision They will then award compensation for your injuries and vehicle damage as well as for losses such a pain and suffering The process typically includes the following steps Gathering Information Photograph the vehicles involved in the accident Include any injuries or damage These photographs will establish that the incident occurred in the manner you described it In addition take pictures of the accident scene itself and any skid marks or debris that may be present It is also vital to collect the names addresses and telephone numbers of witnesses if possible They may be able to be later called in to testify about the cause of the accident as well as who was responsible In certain cases eyewitness testimony is the most reliable evidence in the course of a lawsuit Note down the insurance details of all the parties involved Youll need 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 If you get this information as early as you can could avoid confusion or disputes later on Documentation of expenses and medical treatment can be useful to a claim as well Keep receipts of prescription medication and other costs incurred due to the accident This could be helpful in proving the damages you claim If you are unable to work due to injury you should keep an eye on any lost wages Filing the Claim Its best to file a claim as soon after the accident as soon if you can This will allow the insurance company to examine your documents and get to work This ensures that youre in compliance with the New York law deadlines for filing your claim Youll need to provide specifics regarding the incident including any injuries that you suffered This information will be used to calculate your damages which may include compensation for medical expenses lost wages property damage and the suffering If necessary the insurance company needs to determine who is the culprit The final police report can be helpful for this It is essential to keep in mind that determining the fault isnt always an easy task In some cases even if you believe the crash was your fault other factors might be responsible for it For instance New York is a comparative fault state which means that your damages will be reduced based on your percentage of fault The insurance company will assign a case adjuster You should have your lawyer with you when you speak to the adjuster They can provide an objective perspective and assist you to negotiate an acceptable settlement If you are unable to reach an acceptable settlement it might be necessary to go to court to get the money you deserve Inspecting for Damages Theyll want to visit the scene of the accident to see the scene for themselves Theyll likely interview you and any other participants in the crash talk to witnesses and inspect your vehicles They will also examine your medical records your expenses and lost wages to have a better understanding of the impact of the crash on you While you wait for police to arrive at the scene try to take pictures with your cell phone This will allow you to document the damage and skid marks on both vehicles as well as the location of the cars If its safe you can exchange insurance and contact information with the other drivers involved in the accident Note down the names addresses phone number insurance company policy number and drivers license information of each driver Also note the cars make year year and license plate number In the midst of the circumstances it could be tempting to point the finger at another driver However this can backfire Angerful remarks could be used against you in court So keep your cool and dont admit any fault or guilt at the scene of the incident auto accident attorney new bedford s also recommended to collect the names and contact numbers of witnesses who witnessed the collision if you can Negotiating the Settlement Negotiating a settlement for a car accident is difficult especially if you must deal with medical bills and income loss Hiring an experienced lawyer to handle all negotiations on your behalf with the insurance provider can make the process easier An lawyer will have a better understanding of the law how to calculate your total damages and losses and what to expect from an insurance company during settlement negotiations The first step in the settlement process is to draft an official demand letter that outlines your request for the amount you require to cover your injuries and expenses Your attorney can assist you in compiling this information and include any supporting documents to support the demand For instance if you have provided the insurance adjuster with photographs of your vehicle and injuries that were especially strong your lawyer will make mention of these 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 youve experienced because of the accident Insurance companies will take your claim more seriously if engage an attorney to negotiate an agreement on behalf of you They will also offer a greater settlement If the insurance company refuses to provide an equitable settlement your lawyer will start a lawsuit and fight for you in court
