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. It is recommended to hire an experienced lawyer for accidents prior to making this decision.
The other party's insurer will examine your claim and determine the liability for the collision. They will then award compensation for your injuries and vehicle damage, and also for expenses such as pain and suffering. The process usually involves the following steps.
Gathering Information
If you are able to do so at the scene of the accident while it is safe to do so, take pictures of all vehicles involved in the accident including the damage and any injuries incurred. Photographs can be used to prove that the crash occurred as you have described. Take pictures of the accident site, including any skidmarks or debris.
It is also essential to get the names, addresses, and telephone numbers of eyewitnesses, when possible. They might be able later to testify as to the circumstances surrounding the incident and who is responsible. In certain instances, eyewitness testimony is the most important evidence in the course of a lawsuit.
Make note of the insurance details of everyone involved in the wreck. 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. In the event that you can get this information as quickly as you can will help avoid conflicts or confusion later.
Documentation of medical expenses and treatment could be extremely helpful for the purpose of submitting a claim. Keep receipts for prescription drugs as well as other expenses resulted from the accident. This could help support the damages you claim. In addition, if you're in a position of being unable to work because of your injuries, it's essential to keep track of your lost wages.
Filing the Claim
It is best to start a claim as quickly following the accident as in the event that you are able. This gives the insurance company an chance to review all of your paperwork and get to work. It also ensures 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. This information will be used to calculate your damages, which could include compensation for medical expenses, lost wages, property damage, as well as suffering and pain.
The insurance company will also have to determine fault when necessary. It can be helpful to have the final police report available for this purpose. It is crucial to remember that determining the cause of the crash is not always an easy task. Even if you believe the crash was your fault in a few cases, other factors may have contributed. New York, for example is a state which has a relative negligence system, which means the amount of damages you incur is reduced by the percentage of your fault.
The insurance company will assign an adjuster for cases. It is important to have your lawyer with you during your conversation with the adjuster. They'll give you an objective viewpoint and assist you negotiate an acceptable settlement. If you cannot reach a satisfactory settlement, it might be necessary to go to court to receive the compensation you're due.
Inspecting the damage
The insurance company will want to visit the scene of the accident to examine the scene for themselves. They'll likely interview you and the other people involved in the crash, talk with witnesses and inspect your vehicles. They will also examine your medical records, expenses and lost wages to get a clearer picture of the impact of the crash on you.
While you wait for the police to arrive, try to take pictures with your cell phone. This will allow you to document the skid marks and damage on both vehicles as well as the location of the vehicles.
If it's safe, you can exchange contact and insurance information with the other drivers involved in the collision. Note down the name, address, phone number, insurance company's policy number, and driver's license information of each driver. Also note the vehicle make year, year, and license plate number.
It's tempting to point fingers at another driver in the midst of a crisis, but this can backfire. angry remarks could be used against you in court Be calm and don't admit any guilt or fault at the scene of the accident. It's also a good idea to gather the names and telephone numbers of eyewitnesses who witnessed the accident, if it is possible.
Negotiating the Settlement
Negotiating a settlement in the event of a car accident can be stressful, particularly when you have to deal with medical bills and lost income. Employing an experienced attorney to conduct all negotiations on your behalf with the insurance company will expedite the process. An attorney will have a better understanding of the law and the method of calculating your total damages and losses, and what to expect from an insurance company during settlement negotiations.
The first step in the settlement process is to write an offer letter that contains your demand for the amount you require to cover your injuries and expenses. Your lawyer can assist you to compile this information and include any other relevant documents to support your request. For example, if you sent the insurance adjuster photos of your car and injuries that were particularly strong your lawyer will make mention of those photos 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 auto accident attorney north charleston engage an attorney to negotiate the settlement on behalf of you, insurance companies treat claims much more seriously and generally offer higher settlements. Your lawyer will bring a lawsuit if the insurance company does not agree to a fair settlement.