Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you may be required to file a lawsuit against the other driver in small claims court. Before you do this you should talk to an experienced attorney for accidents.
The insurer of the other party will examine your claim and determine the liability for the collision. They will then award compensation for your injuries as well as car damage as well as for expenses such as pain and suffering. The process usually includes the following steps:
Gathering Information
Take photos of the vehicles involved in the collision. Include any damage and injuries. The photos you take can help to prove that the accident was as you described it. Also, take photos of the scene including any skid marks or debris that are visible.
If you can, it's crucial to collect the names, addresses and telephone numbers from eyewitnesses. They may be able to provide evidence later on as to the circumstances of the accident and who was responsible. In some instances eyewitness testimony is the most important evidence in a case.
Note down the insurance details of all the parties involved. You will need to know the name of the insurance company and the policy number and the contact information along with the license plate number and driver's name. This information should be obtained immediately to avoid any issues or confusion later on.
Documentation of expenses and medical treatment can be useful to a claim as well. Keeping receipts for prescription pain medication and other expenses incurred as a result of the accident could help support the damages claimed in the claim. If you are unable to work due to the injuries you sustained, it is vital that you keep the track of your wages lost.
Claim Form
It is recommended that you file a claim as soon following the accident as should you be able to. This gives the insurer the chance to look over all your documents and then get to work. This will ensure that you meet the New York law deadlines for filing your claim.
If you are filing an insurance claim for your car you'll need to provide details about the accident, as well as any injuries you suffered due to it. The information you provide will be used to calculate the amount of damages you've suffered, which may include compensation for medical expenses, lost wages, property damage, and the suffering.
The insurance company may also need to determine fault, when necessary. It is helpful to have the final police report for this purpose. However it is important to remember that determining fault isn't always easy. In some cases, even if you think the crash was your fault, other factors may have contributed to the accident. For example, New York is a state with a comparative fault, which means that your damages will be diminished by the percentage of fault you have.
The insurance company will assign an adjuster to your case. It's recommended to have your lawyer with you when you speak to the adjuster. auto accident law firm temecula can provide an impartial view and assist you to negotiate a fair settlement. If you're unable to negotiate an acceptable settlement, it could be necessary to go to trial to get the money you're due.
Inspecting the damages
The insurance company will visit the scene of the accident and examine the scene for themselves. They'll likely question you as well as any other participants involved in a crash and speak with witnesses, and examine your vehicle. They will also review your medical records, expenses, and lost wages to get a clearer picture of the effect that the accident had on you.
While you wait for police to arrive You can take photos using your mobile phone. This will help you document skid marks, locations of both vehicles, their degree of damage, as well as the presence of any obstructions.
In this instance, you should share contact and insurance information with other drivers in the accident, if it is safe to do so. Note down the name, address, phone number, insurance company's policy number, and driver's license information for each person. Also note the car's make year, year, and license plate number.
It's tempting to blame another driver in the midst of a crisis however, this could backfire. Keep your cool and don't admit to fault or guilt. If possible, it's a good idea to gather the names and contact numbers of any witnesses who witnessed the collision.
Negotiating the Settlement
The process of negotiating a settlement after a car accident can be difficult, especially if you must deal with medical bills and loss of income. Engaging an experienced lawyer to handle all negotiations on your behalf with the insurance company will expedite the process. An lawyer will better comprehend the law, estimate your total damages and understand what to expect during settlement negotiations from an insurance company.
The first step in the settlement process is to write your demand letter, which includes your demand for the amount you need to cover your injuries and expenses. Your attorney can assist you in assembling this information and include any documentation that supports the demand. For example, if you included the insurance adjuster's photos of your vehicle and injuries that were especially strong, your lawyer will mention these during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages that are based upon the mental and emotional anxiety you've experienced as a result of the accident.
If you hire an attorney to negotiate the settlement on behalf of you, insurance companies treat claims with greater care and generally offer higher settlements. The lawyer will bring a lawsuit if the insurance company refuses a fair settlement.