Tips For Filing a Car Accident Claim
In states where there is no no-fault insurance you may have to sue the driver in a small claims court. You should consider retaining an experienced accident lawyer before taking this step.
The insurance company for the other party will investigate your claim to determine liability for the collision and compensate you for your injuries, car damage, and other losses, including pain and suffering. The process usually includes the following steps:
Gathering Information
Photograph the vehicles involved in the collision. Include any injuries and damages. Taking these photographs could help to prove that the accident took place as you've described. Additionally, take photographs of the scene and any skid marks or debris that may be present.
It is also important to obtain the names, addresses and phone numbers of eyewitnesses, if possible. They could be later able to testify on the circumstances surrounding the incident and who is responsible. In certain instances eyewitness testimony could be the most important evidence in the case.
Note down the insurance details of all those involved in the wreck. auto accident law firm phoenix 'll need the name of the insurance company along with the policy number and contact details along with the license plate number and driver's name. In the event that you can get this information as quickly as you can could avoid disputes or confusion later on.
Documentation of medical expenses and treatment could be extremely helpful for claims. In keeping receipts for prescription pain medication and other expenses related to the crash could be helpful in proving the damages outlined in the claim. If you are unable work due to injury, you must keep an eye on any lost wages.
Filing the Claim
If you are able to file a claim it is recommended to make your claim as soon as you can following the accident. This allows the insurer to review your paperwork and begin work. It also ensures that your claim is within the deadlines set by New York law.
You'll need to provide specifics about the accident including any injuries that you may have sustained. This information will be used to calculate your damages which could include compensation for medical bills, lost wages property damage, and pain and suffering.
If needed the insurance company needs to determine who is at fault. It is helpful to have the final police report available for this purpose. It is essential to remember that determining the cause of the crash is not always an easy task. In some cases even if you believe the crash was your fault, other factors may have contributed to it. For instance, New York is a state with a comparative fault meaning that your damages will be diminished by your percentage of fault.
The insurance company will assign an adjuster for cases. You should bring your lawyer with you during your conversation with the adjuster. They can provide an impartial view and assist you negotiate an acceptable settlement. If you're unable find a solution that is satisfactory, you may have be in court to obtain the compensation you deserve.
Examining the damage
The insurance company will visit the scene of the accident to examine it for themselves. They'll likely interview you and the other parties involved in the accident and talk to witnesses and inspect your vehicle. They will also go through your medical records, your expenses and lost wages to get clear information about how the accident has affected you.
While you wait for the police to arrive at the scene, try to take pictures with your cell phone. This will allow you to document the skid marks and damage on both vehicles, as well as the exact location of the cars.
If you are sure, you can exchange insurance and contact information with the other drivers involved in the crash. Note down the name of each person and address, along with the telephone number and insurance company, policy numbers and driver's licence information. Also note the car's make, year and license plate number.
In the heat of the situation, it can be tempting to point the finger at another driver. However, this could backfire. Be calm and avoid admitting fault or guilt. It is also an excellent idea to collect the names and contact numbers of witnesses to the accident, if it is possible.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially when you're facing medical bills and lost wages. Employing an experienced attorney to negotiate on your behalf with the insurance company can expedite the process. An lawyer will have a better knowledge of the law and the best way to calculate the total amount of your losses and damages, and what to expect from an insurance company in settlement negotiations.
The first step is to draft a letter of demand that includes the amount you require to pay for your medical expenses and other injuries. Your lawyer can assist you create this list and include any other relevant documents to support your request. For example, if you included the insurance adjuster's photos of your vehicle and injuries that were particularly severe and significant, your lawyer will highlight those during negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and suffering damages, which are based on the mental and emotional anguish you have suffered because of the accident.
Insurance companies will consider your claim more seriously if you engage an attorney to negotiate the settlement on behalf of you. They may also offer a greater settlement. If the insurance company refuses to provide an equitable settlement, your lawyer will make a claim and fight for you in court.