Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you might be required to file a lawsuit against the other driver in small claims court. You should think about hiring an experienced lawyer for accidents prior to making this decision.
The other party's insurer will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and car damage as well as for losses such a pain and suffering. The process typically 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 and secure, take photographs of all the vehicles involved in the crash, including the damage and any injuries that were sustained. These photos can be used to verify that the accident occurred in the manner you described it. Take pictures of the scene of the accident, including any skidmarks or other debris.
It is also vital to get the names, addresses and phone numbers of witnesses, if possible. They may be able later to provide evidence about the circumstances surrounding the incident and who was responsible. In certain cases, eyewitness testimony is the most important evidence in a lawsuit.
Note down the insurance information of all parties involved. You'll need the name of the insurance company and the policy number and the contact information as well as the license plate number and driver's name. It is important to get this information in the earliest time possible to avoid any doubts or disputes later.
Documentation of medical expenses and treatments can be extremely valuable in a claim. Keep receipts for prescription medicines as well as other expenses resulted from the accident. This could be helpful in proving the damages you claim. If you are disabled from work because of injuries, it's vital that you keep track of your lost wages.
Filing the Claim
If you are able to file a claim, it's best to make your claim as soon as possible following the accident. This will allow the insurer to review your paperwork and get started. It also ensures that your claim meets the deadlines stipulated by New York law.
You'll need to give details about the accident including any injuries you sustained. This information will be used to calculate your damages which could include compensation for medical bills, lost wages, property damage, and the pain and suffering.
If it is necessary, the insurance company must to determine who is responsible. It is beneficial to have the final police report available to assist in this. However it is crucial to remember that determining fault is not always easy. Even if you believe the accident was your fault in some circumstances, other factors could have contributed. For example, New York is a state that is a comparative fault one which means that your damages will be reduced by your percentage of fault.
The insurance company will assign an adjuster for cases. It is recommended to bring your lawyer present when you meet with the adjuster. They'll be able to offer an objective view and help you negotiate an acceptable settlement. If you're unable to reach a settlement that is acceptable, you may have be in court to get the money that you are entitled to.
Inspecting for Damages
They'll want to go to the scene of the accident to witness the scene. They will probably interview you as well as other people involved in the collision, talk with witnesses and inspect your vehicles. They will also review your medical records, expenses and lost wages in order to gain a better understanding of the impact 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 allow you to record the skid marks and damage on both vehicles, as well as the exact location of the cars.
During this time, you should share contact and insurance information with other drivers involved in your accident, if safe to do this. auto accident attorneys deltona down each person's name and address, along with the telephone number and insurance company, policy numbers and driver's licence information. Note the vehicle's make, year and license plate.
In the midst of a situation, it may be tempting to point the finger at another driver. However, this can backfire. Keep your cool and don't acknowledge fault or guilt. It's also an excellent idea to collect the names and phone numbers of eyewitnesses who witnessed the accident, if it is possible.
Negotiating the Settlement
Settlement negotiations for an accident in the car can be difficult, especially if you have to pay medical bills and loss of income. Fortunately the process can be made easier by hiring a knowledgeable lawyer to handle all negotiations with the insurance company on your behalf. An attorney will be able to better know the law, calculate your total damages and be aware of what to anticipate during settlement negotiations with an insurance company.
The first step in the settlement process is writing a demand letter that includes your demand for the amount you need to cover your injuries and expenses. Your lawyer can help you to compile this information and include any other relevant documentation that supports your request. For instance, if for example you have provided the insurance adjuster with photographs of your vehicle and injuries that were especially strong, your lawyer will mention those during negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages which are based on the emotional distress and mental anxiety you've endured as a result of the accident.
If you hire a lawyer to negotiate the settlement on your behalf, insurance companies treat claims with greater care and generally offer higher settlements. Your lawyer will start a lawsuit if the insurance company refuses a fair settlement.