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Tips For Filing a Car Accident Claim In states without no-fault insurance you could have to file a lawsuit against the driver at a small claims court. You should consider retaining an experienced lawyer for accidents prior to making this decision. The insurer of the other party will examine your claim and determine liability for the collision. They will then award you compensation for your injuries and car damage, and also for the losses resulting from pain and suffering. The process typically includes the following steps: Gathering Information If you're able do so at the site of the crash while it is still safe, take pictures of all vehicles involved in the crash, including the damage and any injuries sustained. These photographs will show that the accident took place as you described. Photograph the accident site, including any skidmarks, debris or skid marks. If possible, it's important to get the names, addresses, and phone numbers from eyewitnesses. They may be able to witness later in the case about how the accident occurred and who was at fault. In some instances, eyewitness testimony can be the most important evidence in a case. Take down the insurance information of everyone involved in the wreck. You will require the insurance company's name as well as the policy number and contact information, as well as the driver's name and license plate number. This information should be gathered as soon as you can to avoid any confusion or disputes later on. Documentation of medical treatment and expenses could be useful to a claim as well. Keep receipts for prescription medications and other expenses that were resulted from the accident. This could help support the damages you claim. Also, if disabled from work because of the injuries you sustained, it is vital that you keep track of your lost wages. Claim Form It is best to make a claim as soon after the accident as soon when you are able to. This allows the insurance company to review your claim and begin work. It will also ensure that your claim is in compliance with the deadlines set by New York law. When you file an insurance claim for a car it is necessary to provide details of the incident and any injuries you sustained due to it. This information will be used to calculate your damages, which may include compensation for medical bills, lost wages property damage, as well as pain and suffering. The insurance company will also have to determine the fault, in the event of a need. It is beneficial to have the final police report to aid in this process. However, auto accident attorney laguna niguel is important to remember that determining fault is not always easy. Even if you believe the crash was your fault in certain circumstances, other factors could have contributed. For example, New York is a state that is a comparative fault one meaning that your damages will be diminished by your percentage of fault. The insurance company will assign a case adjuster. It's a good idea to have your lawyer with you as you talk to the adjuster. They can offer an impartial perspective and assist you negotiate an acceptable settlement. If you are unable to reach an acceptable settlement, it may be necessary to go to trial to get the money you deserve. Examining the damages The insurance company will need to visit the scene of the crash to observe the scene for themselves. They'll likely interview you and the other parties involved in a crash and speak with witnesses, and inspect your vehicle. They will also examine your medical records, your expenses and lost wages to get an accurate picture of how the accident affected you. While you wait for police to arrive at the scene, try to take pictures using your mobile phone. This will help you document skid marks, locations of both cars, the extent of damage, and the presence of any obstructions. If it's safe you can exchange contact and insurance information with the other drivers involved in the crash. Note down each person's name address, phone number, address and the insurance company's policy numbers and driver's license information. Note the vehicle's model year, year, and license plate number. In the heat of the situation, it might be tempting to blame another driver. However, this can backfire. Be calm and don't admit fault or guilt. If possible, it's good idea to also collect the names and telephone numbers of witnesses who witnessed the collision. Negotiating the Settlement The process of negotiating the settlement of a car accident claim can be difficult and a bit frustrating, especially when you're faced with medical bills and lost wages. Hiring an experienced lawyer to negotiate on your behalf with the insurance company will make the process easier. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered, and know what to expect in settlement negotiations with an insurance company. The first step in the settlement process is writing your demand letter, which includes your request for the amount you need to cover your injuries and expenses. Your lawyer can assist you create this list and include any other relevant documents that support your request. If you provided photos of your car or injuries that were particularly severe to the insurance adjuster, your lawyer would make mention of them during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages, which are based on the emotional distress and mental anxiety you've experienced as a result of the accident. If you engage an attorney to negotiate a settlement on your behalf Insurance companies take claims more seriously and typically offer higher settlements. Your lawyer will file a suit if the insurance company refuses to pay a fair settlement.