Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you could be required to sue another driver in a small claims court. Before you take this action you should speak with an experienced accident attorney.
The insurance company for the other party will investigate your claim to determine the liability for the collision and compensate you for your injuries, car damage and other losses like pain and suffering. The process typically involves the following steps:
Gathering Information
Take pictures of the vehicles involved in the accident. Include any injuries or damages. These photographs will establish that the incident occurred in the manner you described it. Photograph the scene of the accident, and include any skidmarks, debris or skid marks.
It is also crucial to get the names, addresses, and telephone numbers of eyewitnesses if possible. They may be able testify later as to what caused the accident and who was at fault. In certain cases eyewitness testimony could be the most important evidence in a case.
Note down the insurance details of all the parties involved. You'll need to know the name of the insurance company as well as the policy number and contact details along with the license plate number and driver's name. Getting this information as soon as possible can avoid confusion or disputes later on.
Documentation of medical expenses and treatment could be extremely helpful to support claims. Keep receipts for prescription medicines and other costs resulted from the accident. This can be used to support the damages you claim. In addition, if you're disabled from work because of your injuries, it is vital that you keep an eye on your lost wages.
Claim Form
If you have the ability to do so it is recommended to file your claim as soon as possible following the incident. This gives the insurer the chance to review all of your documents and then get to work. It also ensures that your claim meets the deadlines set by New York law.
You'll need to give details regarding the incident, including any injuries you may have sustained. The information you provide will be used to calculate your damages, which could include reimbursement for medical bills, lost wages, property damage, and suffering and pain.
auto accident lawsuit lancaster will also be required to determine the source of fault, if necessary. The final police report could be useful for this. It is important to remember that determining fault isn't always an easy task. Even if you believe the crash was your fault in a few cases, other factors may have contributed. New York, for example is a state that has a comparative negligence system, meaning your damages are diminished by the percentage of your fault.
The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you during your conversation with the adjuster. They'll be able to offer an objective viewpoint and assist you negotiate a fair settlement. If you cannot reach an acceptable settlement, it may be necessary to go to trial to get the money you're due.
Inspecting the damage
They'll want to visit the scene of the accident to witness for themselves. They'll likely interview you and the other people involved in the crash, talk to witnesses, and examine your vehicles. They will also review your medical records, expense reports, and lost wages in order to obtain a more precise picture of the impact that the accident had on you.
While you are waiting for the police to arrive, snap pictures with your phone. This will help you document skid marks, locations of both cars, the extent of damage, and the presence of any obstructions.
If it's safe, you can exchange insurance and contact information with the other drivers involved in the crash. Note down the names, addresses, phone number, insurance company's policy number, and driver's license information of each person. Note the vehicle's make year, model and license plate number.
In the midst of the situation, it might be tempting to blame the other driver. But, this could backfire. Angry remarks can be used against you in court and you should be calm and do not admit to any guilt or blame at the scene of the collision. It's also a good idea to gather the names and numbers of eyewitnesses who witnessed the collision, if you can.
Negotiating the Settlement
The process of negotiating a settlement after a car accident can be stressful, especially when you must deal with medical bills and loss of income. Fortunately you can get the process expedited by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a better understanding of the law, how to calculate your total loss and damages, and what to expect from an insurance company during settlement negotiations.
The first step is writing an official letter of demand that includes the amount you require to cover your expenses and injuries. Your attorney can assist you in assembling this information and include any supporting documents to support the demand. If you have sent pictures of your vehicle or injuries that were particularly serious to the insurance adjuster, your lawyer would make mention of them during negotiations. Your attorney will also remind the adjuster about the damages you suffered due to pain and suffering. These are based on the emotional stress and mental agony you have endured as a result of the collision.
Insurance companies will consider your claim more seriously if engage an attorney to negotiate for a settlement on behalf you. They will also offer a higher settlement. If the insurance company refuses to offer an equitable settlement, your lawyer will make a claim and represent you in court.