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Tips For Filing a Car Accident Claim In states where there is no nofault insurance you may have to sue the driver in a small claims court Before you take this action you should speak with an experienced accident attorney The insurance company of the other party will investigate your claim and determine liability for the collision They will then award you compensation for your injuries as well as car damage and also for the losses resulting from pain and suffering The process usually involves the following steps Gathering Information If youre able do it at the scene of the crash while it is still safe you should take photos of all vehicles involved in the accident including the damage and any injuries that may have occurred These photos can be used to show that the accident took place as you described it Take pictures of the site of the accident including any skidmarks or debris It is also crucial to obtain the names addresses and phone numbers of witnesses if possible They might be able later to provide evidence about what happened and who was responsible In certain cases eyewitness testimony is the most valuable evidence in a lawsuit Note down the insurance details of all parties involved Youll need the insurance company name as well as policy number and contact information along with the drivers name and license plate number It is important to get this information immediately to avoid any issues or confusion later on Documentation of expenses and medical treatment can be valuable to the claimant as well Keep receipts of prescription medication and other expenses that were caused by the accident This could help support the damages you claim Also if you are in a position of being unable to work because of your injuries its vital that you keep an eye on your lost wages Claim auto accident lawyer nampa is recommended that you submit a claim as fast after the incident as you can in the event that you are able This allows the insurer to review your paperwork and get started This ensures that youre in compliance with the New York law deadlines for filing your claim Youll need to provide specifics regarding the incident and any injuries you may have sustained The information you provide will be used to calculate damages This includes compensation for medical expenses lost wages damage to property as well as pain and discomfort The insurance company will have to determine the fault when necessary It is helpful to have the final police report to assist in this However it is important to remember that determining fault is not always easy Even if you believe that the crash was your fault in some cases other factors could have contributed For example New York is a state with a comparative fault meaning that your damages will be reduced by your percentage of fault The insurance company will assign an adjuster for cases Its recommended to bring your lawyer along during your conversation with the adjuster Theyll provide 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 youre entitled to Examining the damages Theyll be keen to visit the scene of the crash to see for themselves Theyll likely speak with you and any other parties involved in the accident and talk to witnesses and inspect your vehicle They will also scrutinize your medical records your expenses and lost wages in order to obtain a more precise picture of the effect that the accident had on you While you wait for police to arrive at the scene try to take pictures with your cell phone This will help document skid marks the locations of both vehicles their severity of damage and the presence of any obstructions In this period it is recommended to exchange insurance and contact information with other drivers involved in the accident if safe to do this Note down the name address phone number insurance companys policy number and drivers license information of each person Note the vehicles model year model and license plate In the midst of the circumstances it could be tempting to point the finger at the other driver However this can backfire Angry remarks could be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the collision It is also an excellent idea to collect the names and phone numbers of eyewitnesses who witnessed the collision if possible Negotiating the Settlement Negotiating a settlement for an accident in the car can be stressful particularly when you are faced with medical bills and income loss Hiring an experienced lawyer to conduct all negotiations on your behalf with the insurance provider can speed up the process An lawyer will have a better understanding of the law and the method of calculating your total losses and damages and what to expect from an insurance company in settlement negotiations The first step in the settlement process is to prepare a demand letter that includes your request for the amount that you need to cover your injuries and expenses Your lawyer can assist you in compiling this information and include any relevant documents to support the demand If you have sent pictures of your car or other injuries that were particularly serious to the insurance adjuster your lawyer will include them in negotiations Your lawyer will remind the adjuster of your damages for pain and suffering These are based on emotional distress and mental agony youve suffered due to the accident Insurance companies will consider your claim more seriously if you hire an attorney to negotiate the settlement on behalf of you They will also give you a higher settlement If the insurance company refuses to offer an equitable settlement your lawyer will bring a lawsuit and advocate for you in court
