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Tips For Filing a Car Accident Claim In states that have not adopted nofault insurance you could be required to sue another driver in small claims court Before you do this it is recommended to consult 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 compensation for your injuries and vehicle damage and also for damages such as pain and suffering The process usually involves the following steps Gathering Information If you are able to do so at the scene of the collision while you are still in a safe place you should take photos of all the vehicles involved in the crash including the damage as well as any injuries that were sustained Taking these photographs could help to prove that the accident took place as youve described In addition take pictures of the scene and any skid marks or debris that are visible It is also crucial to get the names addresses and telephone numbers of eyewitnesses when possible They could be able be later called in to testify about how the accident occurred and who was responsible In some cases eyewitness testimony can be the most important evidence in the case Note down the insurance details of all parties involved Youll need to know the name of the insurance company as well as the policy number and the contact information along with the license plate number and drivers name In the event that you can get this information as quickly as you can will help avoid confusion or disputes later on Documentation of medical expenses and treatments can be valuable to the claimant as well Keep auto accident attorneys redding for prescription medications and other expenses incurred due to the accident This could be helpful in proving the damages you claim Also if you are not able to work due to your injuries its crucial to keep track of your lost wages Filing the Claim If youre able to file a claim its recommended to file your claim as soon as possible after the accident This gives the insurance company an opportunity to go through all of your paperwork and get to work This will ensure that you are in compliance with the New York law deadlines for filing your claim Youll need to provide details about the accident including any injuries you may have sustained The information you provide will be used to calculate damages which includes compensation for medical expenses lost wages property damage and pain and discomfort If needed the insurance company needs to determine who is at fault The final police report could be useful for this However it is crucial to keep in mind that determining fault isnt always straightforward Even if you believe the crash was your fault in certain circumstances other factors could have contributed New York for example is a state which has a comparative negligence system which means that your damages are reduced according to the percentage of your fault The insurance company will assign an adjuster to your case Its a good idea to bring your lawyer along as you talk to the adjuster Theyll be able to provide an objective view and help you negotiate an equitable settlement If youre unable to agree on a settlement thats acceptable you might have be in court to obtain the compensation you deserve Inspecting the Damages Theyll want to visit the scene of the accident to witness what they can They will likely interview you as well as any other participants involved in a crash as well as interview witnesses and look over your vehicle They will also examine your medical records your expenses and lost wages to get a clear picture of how the accident affected you While you wait for the police to arrive Take pictures with your cell phone This will help you document skid marks locations of both vehicles and the extent of damage and the presence of any obstructions In this instance it is recommended to share contact and insurance information with the other drivers involved in the accident if it is safe to do so Note down the name address phone number insurance company policy number and drivers license details of each driver Note the cars make year year and license plate In the midst of a circumstances it could be tempting to point the finger at another driver However this could backfire angry remarks could be used against you in court and you should be calm and avoid admitting any fault or guilt at the scene of the incident It is also an excellent idea to collect the names and contact numbers of witnesses who witnessed the accident if it is possible Negotiating the Settlement Negotiating a settlement for an auto accident can be difficult especially if you are faced with medical bills and loss of income Hiring an experienced lawyer to negotiate on your behalf with the insurance company can accelerate the process An lawyer will better comprehend the law estimate the total amount of damages you have suffered and know what to anticipate during settlement negotiations with an insurance company The first step is writing a demand letter that includes the amount you need to cover your expenses and injuries Your attorney can help compile this information and include any other documentation that supports your request For instance if you provided the insurance adjuster with photos of your car and injuries that were particularly serious 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 agony you have endured as a result of the collision Insurance companies will treat your claim more seriously if you employ an attorney to negotiate the settlement on behalf of you They will also give you a higher settlement The lawyer will file a suit if the insurance company refuses to pay a fair settlement
