Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you could have to sue the other driver in small claims court. Before taking this action it is recommended to consult an experienced attorney for accidents.
The insurance company of the other party will investigate your claim to determine liability for the collision and pay compensation for your injuries, car damage, and other losses like pain and suffering. The process typically involves the following steps:
Gathering Information
If you're able do it at the scene of the collision while you are still in a safe place to do so, take pictures of all the vehicles involved in the accident including the damage as well as any injuries incurred. These photos can be used to show that the accident took place as you described. Also, take pictures of the accident scene itself including any skid marks or debris that are visible.
If you can, it's important to obtain the names, addresses, and telephone numbers from eyewitnesses. They might later be able to provide evidence about what transpired and who was accountable. In certain instances, eyewitness testimony can be the most valuable piece of evidence in a case.
Note down the insurance details of all the parties involved. You will need the insurance company name along with the policy number, contact details, as well as the driver's name and license plate number. It is important to get this information as soon as you can will help avoid confusion or disputes later on.
Documentation of medical expenses and treatments can also be very valuable for a claim. Keep receipts for prescription pain medications and other expenses related to the accident could help support the damages outlined in the claim. If you are unable work due to an injury you must keep the record of any wages lost.
Filing the Claim
It is best to start a claim as quickly after the incident as you can should you be able to. This gives the insurance company the chance to review all of your documents and begin work. It will also ensure that your claim will be processed within the deadlines set by New York law.
You'll need to provide specifics regarding the incident and any injuries you may have sustained. The information you provide will be used to calculate damages, which includes compensation for medical expenses lost wages, damage to property and pain and discomfort.
If it is necessary the insurance company will need to determine who is responsible. The final police report could be helpful in this regard. However it is crucial to keep in mind that determining fault is not always easy. Even if you believe the crash was your fault in some cases, other factors could have contributed. For instance, New York is a state that is a comparative fault one meaning that your losses will be reduced according to the percentage of fault you have.
The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you while you speak with the adjuster. They'll give you an objective viewpoint and assist you negotiate a fair settlement. If you're not able to reach an acceptable settlement, it may be necessary to go to court to secure the compensation you deserve.
Examining the Damages
The insurance company will need to visit the scene of the crash to observe the scene for themselves. They'll probably question you and any other participants in the accident, talk to eyewitnesses and look at your vehicles. They will also review your medical records, expenses and lost wages to provide clear information about how the accident has affected you.
While you are waiting for the police to arrive, snap photographs with your mobile phone. This will allow you to record skid marks, the location of both cars and their severity of damage, and the presence of any obstructions.
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 address, phone number, address and the insurance company's policy numbers and driver's licence information. Note the vehicle's model, year and license plate.
It may be tempting to blame another driver in the heat of the moment, but this can backfire. Be calm and don't admit to fault or guilt. It is also an excellent idea to collect the names and numbers of eyewitnesses who witnessed the accident, if they are able to.
Negotiating the Settlement
The process of negotiating a settlement after an accident in the car can be stressful, particularly when you are faced with medical bills and loss of income. Hiring auto accident attorneys college station to conduct all negotiations on behalf of you with the insurance company can accelerate the process. An attorney will have a better knowledge of the law and the method of calculating the total amount of your losses and damages and what you can expect from an insurance company in settlement negotiations.
The first step in the settlement process is to write a demand letter that includes your request for the amount you require to cover your injuries and expenses. Your lawyer can assist you in compiling this information, and also include any other relevant documents that support your request. If you sent photos of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer will be sure to mention them during negotiations. Your lawyer will remind the adjuster of your pain and suffering damages. These are based on emotional distress and mental agony you have endured as a result of the collision.
Insurance companies will take your claim more seriously if you engage an attorney to negotiate the settlement on behalf of you. They may also give you a higher settlement. If the insurance company refuses to provide an acceptable settlement, your attorney will make a claim and represent you in court.