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. You should consider hiring an experienced accident lawyer prior to making this decision.
The insurance company of the other side will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage, and losses such as pain and suffering. The process usually consists of the following steps.
Gathering Information
Take photographs of the cars involved in the crash. Include any injuries and damages. These photos will help show that the accident took place as you described. Photograph the scene of the accident, and include any skidmarks or debris.
If possible, it is important to obtain the names, addresses, and phone numbers from eyewitnesses. They may be able be later called in to testify about the circumstances of the accident and who was responsible. In certain cases eyewitness testimony is the most valuable piece of evidence in the case.
Get the insurance information of all those involved in the crash. You'll need the name of the insurance company as well as the policy number and the contact information along with the license plate number and driver's name. It is important to get this information as soon as you can could avoid any confusion or disputes later.
Documentation of medical expenses and treatments can be useful to any claim. Keeping receipts for prescription pain medications and other expenses incurred as a result of the wreck could support claims for damages in the claim. Also, if you are not able to work due to the injuries you sustained, it is vital that you keep records of the wages you lost.
Claim Form
It is recommended to submit a claim as fast following the accident as in the event that you are able. This will allow the insurer to review your paperwork and get to work. This ensures that you meet the New York law deadlines for filing your claim.
You'll need to provide details regarding the incident, including any injuries you sustained. This information will be used to calculate the amount of damages you've suffered, which could include reimbursement for medical bills, lost wages, property damage, as well as pain and suffering.
If required the insurance company needs to determine who is the culprit. The final police report may be useful for this. However it is essential to keep in mind that determining fault is not always straightforward. In some instances even if you believe the accident was your fault, other factors could have contributed to the crash. New York, for example is a state which has a comparative negligence system, meaning your damages are reduced by the proportion of your fault.
The insurance company will assign an adjuster to your case. It is important to have your attorney present when you talk to the adjuster. auto accident lawyer elizabeth 'll provide an objective view and help you negotiate a fair settlement. If you cannot reach an acceptable settlement, it could be necessary to go to court to receive the compensation you're entitled to.
Inspecting the Damages
The insurance company will need to visit the scene of the crash to observe the scene for themselves. They'll likely interview you as well as any other participants who were involved in the collision and talk to witnesses and examine your vehicle. They will also look over your medical records, expenses and lost wages to provide an accurate picture of how the accident has affected you.
While you are waiting for the police, take photos with your mobile phone. This will allow you to document skid marks, the location of both vehicles and the severity of damage, and the presence of any obstructions.
In this instance it is recommended to share contact and insurance information with other drivers in the accident, if safe to do so. Jot down each person's name and address, as well as their phone number and the insurance company's policy numbers, and driver's license information. Also note the vehicle make, year and license plate number.
It's tempting to point fingers at another driver in the midst of a crisis, but this can backfire. The words you say can be used against you in court So, keep your cool and don't admit any fault or guilt at the scene of the collision. It is also recommended to collect the names and phone numbers of witnesses to the accident, if it is possible.
Negotiating the Settlement
Negotiating the settlement of a car accident claim can be a stressful and a bit frustrating, especially when you're facing expenses for medical treatment and lost wages. Fortunately, the process can be speeded up by hiring a skilled lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will have a better understanding of the law and the method of calculating your total loss and damages and what to expect from an insurance company during settlement negotiations.
The first step in the settlement process is writing your demand letter, which includes your request for the amount you need to cover your injury and expenses. Your attorney can help compile this information and include any other documents that support your request. If you submitted photos of your car or other injuries which were particularly serious to the insurance adjuster, your lawyer will mention them during negotiations. Your attorney will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental pain you've suffered due to the accident.
Insurance companies will take your claim more seriously if you engage an attorney to negotiate for a settlement on behalf you. They will also offer a better settlement. The lawyer will bring a lawsuit if the insurance company refuses a fair settlement.