Tips For Filing a Car Accident Claim
In states that do not have no-fault insurance, you may have to sue the driver at a small claims court. You should consider retaining an experienced accident lawyer before making this decision.
The insurer of the other party will investigate your claim and determine the liability for the collision. They will then award compensation for your injuries and vehicle damages as well as expenses such as pain and suffering. The process usually consists of the following steps.
Gathering Information
If you're able do this at the scene of the accident while it is safe, take pictures of all vehicles involved in the accident including the damage as well as any injuries that may have occurred. These photographs will verify that the accident occurred in the manner you described. Take auto accident attorneys pawtucket of the scene of the accident, including any skidmarks or debris.
If possible, it's important to get the names, addresses, and telephone numbers from eyewitnesses. They might later be able to testify about the circumstances surrounding the incident and who was responsible. In certain cases, eyewitness testimony is the most reliable evidence in a lawsuit.
Take down the insurance information of all parties involved in the wreck. You'll need to know the name of the insurance company as well as the policy number and contact details as well as the license plate number and driver's name. This information should be gathered in the earliest time possible to avoid issues or confusion later on.
Documentation of medical expenses and treatments can be helpful to any claim. Keep receipts for prescription drugs as well as other expenses incurred due to the accident. This could be helpful in proving the damages you claim. If you are unable to work due to injury, you should keep all the lost wages.
Claim Form
If you are able to do so you should make your claim as soon as possible after the incident. This will allow the insurance company to examine your documents and get started. It will also ensure that your claim will be processed within the deadlines stipulated by New York law.
If you are filing an insurance claim on your car when filing a claim, you'll need details about the accident as well as any injuries you sustained due to it. The information you provide will be used to calculate damages. This includes reimbursement for medical expenses, lost wages, property damage as well as discomfort and pain.
If it is necessary the insurance company must to determine who is to blame. It can be helpful to have the final police report available to assist in this. However it is essential to remember that determining fault is not always easy. In some instances, even if you think the accident was your fault other factors could have contributed to the crash. For example, New York is a comparative fault state meaning that your damages will be reduced by your percentage of fault.
The insurance company will assign an adjuster to your case. You should bring your lawyer present during your conversation with the adjuster. They can provide an impartial view and assist you to negotiate an acceptable settlement. If you are unable to reach an acceptable settlement, it might be necessary to go to court to get the amount you deserve.
Inspecting Damages
They'll want to visit the scene of the accident to witness what they can. They will likely interview you as well as any other participants involved in the accident and talk to witnesses and look over your vehicle. They will also review your medical records, expenses and lost wages to provide clear information about how the accident affected you.
While you wait for police to arrive You can take photos using your mobile phone. This will allow you to document the damage and skid marks on both vehicles and also the exact location of the vehicles.
If you are sure, you can exchange contact and insurance information with other drivers involved in the collision. Note down the names, addresses, phone number, insurance company's policy number, and driver's license information of each person. Also note the car's make year, year and license plate number.
It's tempting to blame another driver in the heat of the moment but this could end up backfiring. Be calm and don't admit to fault or guilt. It's also a good idea to gather the names and contact numbers of witnesses who witnessed the collision, if possible.
Negotiating the Settlement
Negotiating a settlement for a car accident is stressful, particularly when you have to pay expenses for medical treatment and lost income. Hiring an experienced attorney to negotiate on behalf of you with the insurance provider can accelerate the process. An attorney will have a greater understanding of the law and the method of calculating your total damages and losses and what to expect from an insurance company in settlement negotiations.
The first step in the settlement process is to draft an offer letter that contains your request for the amount that you require to cover your injuries and expenses. Your attorney can assist you in assembling this information and also include any other relevant documents to support the request. If you provided photos of your vehicle or any injuries that were particularly serious to the insurance adjuster, your lawyer would include them in negotiations. Your attorney will remind the adjuster of your pain and suffering damages. These are based on the emotional stress and mental agony that you've suffered due to the accident.
If you employ an attorney to negotiate a settlement on behalf of you, insurance companies treat claims more seriously and typically offer higher settlements. If the insurance company refuses to provide an equitable settlement, your lawyer will start a lawsuit and advocate for you in court.