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Tips For Filing a Car Accident Claim In states with nofault insurance you could be required to sue the driver in a small claims court Before taking this step you should talk to an experienced attorney for accidents The other partys insurer will investigate your claim and determine liability for the collision They will then award you compensation for your injuries and car damage and also for losses such a pain and suffering The process typically includes the following steps Gathering Information Take photographs of the cars involved in the collision Include any injuries or damage Photographs can be used to prove that the accident occurred as youve described Take pictures of the scene of the accident including any skidmarks or debris If you can it is important to obtain the names addresses and telephone numbers from eyewitnesses They might be able later to testify on what transpired and who was responsible In certain cases eyewitness testimony is the most reliable evidence in a lawsuit Note down the insurance details of all the parties involved Youll require the name of the insurance company policy number and contact details as well as the drivers name and license plate number These details should be obtained immediately to avoid confusion or disputes later Documentation of medical expenses and treatments could be extremely helpful to support the purpose of submitting a claim Keep receipts for prescription drugs and other costs related to the accident This can help in proving the damages you claim If youre unable to work due to injury you must keep the record of any wages lost Filing the Claim If youre able to do so it is recommended to make your claim as soon as possible after the incident This gives the insurance company the opportunity to review all of your documents and begin work It will also ensure that your claim is within the deadlines set by New York law Youll have to provide information regarding the incident and any injuries you sustained This information will be used to calculate your damages which may include compensation for medical bills lost wages property damage and suffering and pain If required the insurance company will have to determine who is at fault The final police report may be useful for this It is crucial to keep in mind that determining who is to blame isnt always a simple task Even if you believe the crash was your fault in some cases other factors may have contributed For example New York is a state of comparative fault which means that your damages will be reduced by the percentage of fault you have The insurance company will assign an adjuster to your case Its a good idea to bring your lawyer along during your conversation with the adjuster They can provide an impartial view and assist you negotiate a fair settlement If you cannot reach an acceptable settlement it might be necessary to go to trial to receive the compensation youre entitled to Examining the damage They will like to visit the accident scene to see the scene for themselves Theyll likely interview you and the other parties involved in a crash and speak with witnesses and examine your vehicles They will also examine your medical records expenses and lost wages to get a clear picture of how the accident has affected you While you wait for the police take pictures with your phone This will allow you to record the damage and skid marks on both cars and the exact location of the cars If it is safe you can exchange insurance and contact information with the other drivers involved in the collision Note down the name address phone number insurance company policy number and drivers license information for each person Also note the vehicles make year year and license plate number In the heat of the situation it might be tempting to point the finger at the other driver However this could backfire Be calm and avoid admitting fault or guilt If possible its a good idea also to collect the names and contact numbers of any witnesses who witnessed the collision Negotiating the Settlement Negotiating a settlement in the event of a car accident can be stressful especially when you have to pay medical bills and income loss Fortunately the process can be speeded by hiring an experienced lawyer to negotiate with the insurance company on your behalf An lawyer will have a better knowledge of the law and how to calculate your total losses and damages and what you can expect from an insurance company during settlement negotiations The first step is writing a letter of demand that includes the amount you require to cover your costs and injuries Your lawyer can help you to compile this information and include any other documents to support your request For instance if for example you have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly severe your lawyer will mention those during negotiations Additionally your lawyer will remind the adjuster of your suffering and damages which are based on the mental and emotional anxiety youve experienced as a result of the accident Insurance companies will take your claim more seriously if hire an attorney to negotiate a settlement on behalf of you They may also offer a higher settlement auto accident lawyer massachusetts will file a suit if the insurance company does not agree to a fair settlement
