Tips For Filing a Car Accident Claim
In states where there is no no-fault insurance you could have to sue the driver in a small claims court. Before you do this it is recommended to consult an experienced attorney for accidents.
The insurance company of the other party will investigate your claim to determine the liability for the collision and provide compensation for your injuries, car damage and losses such as pain and suffering. The process usually involves the following steps:
Gathering Information
Take photographs of the cars involved in the accident. Include any injuries or damage. auto accident lawyer brooklyn park can be used to prove that the accident occurred as you have described. In addition, take pictures of the accident scene itself and any skid marks or other debris that are present.
It is also vital to get the names, addresses and phone numbers of witnesses, if possible. They may be able testify later as to how the accident occurred and who was at fault. In certain cases, eyewitness testimony is the most important evidence in a lawsuit.
Get the insurance information of all the parties who were involved in the accident. You'll need the name of the insurance company along with 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 as soon as you can will help avoid any confusion or disputes later.
Documentation of medical treatment and expenses could prove valuable in any claim. Maintaining receipts for prescription painkillers and other expenses incurred as a result of the accident could help support the damages outlined in the claim. If you are in a position of being unable to work because of injuries, it's important to keep track of your lost wages.
Claim Form
If you are able to file a claim it is recommended to start your claim as soon as you can after the incident. This gives the insurance company an chance to review all of your documents and get to work. It also ensures that your claim will be processed within the deadlines stipulated by New York law.
You'll need to provide specifics regarding the incident including any injuries you suffered. This information is used to calculate damages, such as compensation for medical expenses, loss of wages, property damage, and discomfort and pain.
The insurance company will be required to determine the source of fault, if necessary. It is beneficial to have the final police report to assist in this. However it is crucial to keep in mind that determining fault isn't always easy. In some instances even if you believe the accident was your fault other factors may have contributed to the crash. For example, New York is a state that is a comparative fault one which means that your losses will be reduced according to the percentage of fault you have.
The insurance company will assign an adjuster to your case. You should have your lawyer present when you meet with the adjuster. They can provide an objective perspective and assist you negotiate an acceptable settlement. If you're unable come to a settlement that is satisfactory, you may have be in court to get the money that you deserve.
Inspecting Damages
The insurance company will visit the scene of the accident and examine it for themselves. They may interview you as well as other people involved in the collision, talk to witnesses and inspect your vehicles. They will also go through your medical records, expenses and lost wages to provide a clear picture of how the accident has affected you.
While you wait for the police to arrive Take pictures using your mobile phone. This will allow you to document the damage and skid marks on both cars as well as the location of the cars.
In this period it is recommended to make sure to exchange contact information and insurance details with other drivers involved in your accident, if safe to do so. Note down the name, address, telephone number, insurance company's policy number, and driver's license information for each person. Also note the vehicle's make year, year, and license plate number.
It may be tempting to blame another driver in the heat of the moment but this could be a backfire. Angerful remarks could be used against you in court So, keep your cool and do not admit to any guilt or fault at the scene of the accident. It's also an excellent idea to collect the names and telephone numbers of witnesses who witnessed the collision, if you can.
Negotiating the Settlement
Negotiating the settlement of a car crash claim can be a stressful and frustrating, especially if you're dealing with medical bills and lost wages. Employing an experienced attorney to conduct all negotiations on your behalf with the insurance company can expedite the process. An lawyer will have a better understanding of the law and the best way to calculate your total losses and damages and what you can expect from an insurance company in settlement negotiations.
The first step is writing an official letter of demand that includes the amount you want to cover your costs and injuries. Your attorney can help to compile this information and include any other relevant documents to support your request. If you have sent pictures of your vehicle or any injuries which were particularly serious to the insurance adjuster, your lawyer would be sure to mention them during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages that are based on the mental and emotional anxiety you've endured as a result of the accident.
Insurance companies will treat your claim more seriously if engage an attorney to negotiate a settlement on behalf of you. They will also offer a higher settlement. The lawyer will pursue a lawsuit if an insurance company refuses a fair settlement.