Tips For Filing a Car Accident Claim
In states with no-fault insurance you could have to sue the driver at a small claims court. Before you take this action you should speak with an experienced accident lawyer.
The insurance company for the other party will examine your claim to determine the liability for the collision and pay compensation for your injuries, car damage and losses such as pain and suffering. The process typically involves the following steps:
Gathering Information
If you are able to do so at the site of the crash, while it is safe, take pictures of all vehicles involved in the crash, including the damage and any injuries incurred. These photos can be used to show that the accident took place as you described. Photograph the scene of the accident, including any skidmarks or debris.
If you can, it's important to obtain the names, addresses and phone numbers from eyewitnesses. They might be able later to testify about what happened and who is responsible. In certain instances eyewitness testimony could be the most important evidence in the case.
Get the insurance information of all parties involved in the crash. You will need to know the name of the insurance company, the policy number, and the contact information along with the license plate number and driver's name. In the event that you can get this information as quickly as you can will help avoid any confusion or disputes later.
Documentation of expenses and medical treatment can prove valuable in the claimant as well. Keep receipts for prescription medications and other costs resulted from the accident. This can be used to support the damages you claim. In addition, if you're in a position of being unable to work because of your injuries, it is vital that you keep records of the wages you lost.
Filing the Claim
If you are able to file a claim, it's best to submit your claim as quickly as possible following the incident. This allows the insurer to review your claim and begin working. It also ensures that your claim meets the deadlines stipulated by New York law.
When you file an insurance claim for a car you'll need to provide details about the accident, as well as any injuries you suffered due to it. This information is used to calculate damages, including compensation for medical expenses, lost wages, damage to property and discomfort and pain.
If needed the insurance company must to determine who is the culprit. The final police report can serve as a reference point. However it is important to remember that determining fault is not always easy. In some cases, even if you think the crash was your fault other factors may have contributed to the crash. New York, for example is a state in which there has a comparative negligence system. This means that your damages are reduced by the percentage of your fault.
The insurance company will assign an adjuster to your case. It is recommended to bring your lawyer with you when you speak to the adjuster. auto accident lawyer chesapeake can offer an impartial perspective and assist you negotiate an acceptable settlement. If you're not able to reach a satisfactory settlement, it might be necessary to go to court to receive the compensation you're entitled to.
Inspecting for Damages
The insurance company will visit the scene of the accident to examine the scene for themselves. They'll likely question you and the other parties involved in the accident and talk to witnesses and examine your vehicles. They will also examine your medical records, expenses and lost wages to obtain a more precise picture of the effect that the accident had on you.
While you wait for the police to arrive at the scene, try to take pictures using your mobile phone. This will allow you to record skid marks, the locations of both cars, the severity of damage, and the presence of any obstructions.
If it is safe, you can exchange insurance and contact information with other drivers involved in the accident. Note down the names of everyone involved address, phone number, address and insurance company, policy numbers, and driver's license information. Also note the car's model, year and license plate number.
In the heat of the circumstances, it could be tempting to point the finger at another driver. However, this could backfire. Be calm and don't acknowledge fault or guilt. It is also an excellent idea to collect the names and telephone numbers of witnesses who witnessed the collision, if possible.
Negotiating the Settlement
Negotiating a settlement for an auto accident can be stressful, particularly when you have to deal with expenses for medical treatment and lost income. Fortunately it is possible to made easier by hiring a knowledgeable lawyer to negotiate with the insurance company on your behalf. An lawyer will have a better knowledge 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 to draft a demand letter that includes the amount you want to cover your costs and injuries. Your attorney can help you to compile this information and include any other relevant documents to support your request. If you have sent pictures of your car or injuries that were particularly severe to the insurance adjuster, your lawyer would make mention of them during negotiations. Your attorney will remind the adjuster of your pain and suffering damages. These are based on the emotional stress and mental agony you have suffered as a result of the accident.
If you hire an attorney to negotiate a settlement on your behalf insurance companies take claims much more seriously and usually offer higher settlements. The lawyer will file a suit if the insurance company does not agree to a fair settlement.