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Tips For Filing a Car Accident Claim In states that havent adopted nofault insurance you might be required to file a lawsuit against the other driver in a small claims court You should consider hiring an experienced lawyer for accidents prior to taking this step The insurance company of the other party will investigate your claim to determine the liability for the collision and pay compensation for your injuries car damage and other losses such as pain and suffering The process usually includes the following steps Gathering Information Take pictures of the vehicles involved in the accident Include any injuries or damage auto accident attorney san marcos can be used to prove that the accident was as you described it Also take pictures of the scene including any skid marks or other debris that may be present If you can its important to get the names addresses and telephone numbers from eyewitnesses They may be able testify later as to the cause of the accident as well as who was responsible In certain cases eyewitness testimony is the most valuable evidence in the course of a lawsuit Note down the insurance information of all the parties involved Youll need the name of the insurance company the policy number and contact details as well as the license plate number and drivers name It is important to get this information as soon as you can will help avoid confusion or disputes later on Documentation of expenses and medical treatment can prove valuable in an insurance claim too Keeping receipts for prescription pain medications and other expenses related to the accident can help prove the damages outlined in the claim Also if you are unable to work due to your injuries its important to keep the track of your wages lost Filing the Claim If you are able to file a claim you should start your claim as soon as possible after the incident This allows the insurance company to review your documents and get to work It also ensures that your claim is within the deadlines stipulated by New York law When you file a car insurance claim when filing a claim youll need details of the incident and any injuries you suffered due to it The information you provide will be used to calculate damages including compensation for medical expenses lost wages property damage as well as discomfort and pain If needed the insurance company will need to determine who is the culprit It is helpful to have the final police report available to aid in this process It is crucial to remember that determining who is to blame isnt always an easy task In some cases even if you believe the accident was your fault other factors may have contributed to it New York for example is a state that has a relative negligence system which means your damages are reduced according to the percentage of your fault The insurance company will assign an adjuster to your case You should have your attorney with you when you speak to the adjuster Theyll provide an objective view and help you negotiate a fair settlement If youre unable to come to a settlement that is satisfactory you may have be in court to get the money you deserve Examining the damages They will like to visit the scene of the crash to see for themselves Theyll probably question you as well as other people involved in the collision talk to witnesses and examine your vehicles They will also look over your medical records expenses and lost wages to get a clearer picture of the impact that the accident had on you While you wait for the police take photographs with your mobile phone This will allow you to record the damage and skid marks on both vehicles as well as the location of the vehicles If it is safe you can exchange insurance and contact information with other drivers involved in the collision Note down the name of each person address phone number address and the insurance companys policy numbers and drivers license information Note the make year make and license plate number Its tempting to blame another driver in the heat of the moment but this could end up backfiring Be calm and dont admit fault or guilt Its also recommended to collect the names and numbers of witnesses to the collision if you can Negotiating the Settlement Negotiating the settlement of a car crash claim can be stressful and stressful especially when youre faced with expenses for medical treatment and lost wages Employing an experienced attorney to conduct all negotiations on behalf of you with the insurance company will speed up the process An lawyer will have a better understanding of the law and how to calculate your total losses and damages and what to expect from an insurance company during settlement negotiations The first step is to compose an official letter of demand that contains the amount you require to cover your costs and injuries Your attorney can help you create this list and include any other relevant documents that support your request For instance if for example you included the insurance adjusters photos of your car and injuries that were particularly strong and significant your lawyer will highlight the photos during negotiations Your lawyer will remind the adjuster of your damages for pain and suffering These are based on emotional distress and mental pain youve suffered as a result of the accident Insurance companies will consider your claim more seriously if hire an attorney to negotiate an agreement on behalf of you They will also offer a higher settlement If the insurance company refuses to provide an equitable settlement your lawyer will bring a lawsuit and advocate for you in court