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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you might have to sue the other driver in a small claims court. Before taking this action, you should consult with an experienced accident attorney. The insurance company of the other party will investigate your claim to determine liability for the collision and pay compensation for your injuries, car damage and other losses, such as pain and suffering. The process usually consists of the following steps. Gathering Information If you're able to do so at the site of the crash while it is still safe and secure, take photographs of all vehicles involved in the accident including the damage and any injuries that may have occurred. These photographs will prove that the accident happened as you described. Take pictures of the scene of the accident, including any skidmarks, debris or skid marks. If possible, it's crucial to collect the names, addresses, and phone numbers of eyewitnesses. They may be able later to testify on what transpired and who was at fault. In certain instances, eyewitness testimony is the most reliable evidence in a lawsuit. Note down the insurance information of all the parties involved. You'll require the insurance company's name as well as policy number and contact information, as well as the driver's name and license plate number. Getting this information as soon as you can will help avoid any confusion or disputes later. Documentation of medical treatment and expenses could be valuable to an insurance claim too. Keep receipts of prescription medication as well as other expenses incurred due to the accident. This could help support the damages you claim. If you are unable work due to injury, you should keep all the lost wages. Filing the Claim It's best to start a claim as quickly after the incident as you can if you can. This will allow the insurance company to review your paperwork and get to work. This ensures that you meet the New York law deadlines for filing your claim. You'll need to give details about the accident, including any injuries you suffered. The information you provide will be used to calculate damages, which includes compensation for medical expenses loss of wages, damage to property and discomfort and pain. The insurance company will also have to determine fault in the event of a need. It is beneficial to have the final police report available to assist in this. It is crucial to keep in mind that determining the cause of the crash isn't always a simple task. In some cases even if you believe the crash was your fault other factors might have contributed to the crash. New York, for example is a state that 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 for cases. It's a good idea have your lawyer with you during your conversation with the adjuster. They'll be able to offer an objective viewpoint and assist you negotiate a fair settlement. If you're not able to reach a settlement that is satisfactory, you may need to go to court to receive the money you are entitled to. Inspecting Damages They will want to visit the scene of the accident to witness the scene. They'll likely interview you and other parties involved in the accident, speak to eyewitnesses and look at your vehicles. They will also review your medical records, your expenses, and lost wages to have a better understanding of the impact that the accident had on you. While you wait for the police to arrive at the scene Take pictures with your cell phone. This will allow you to document skid marks, locations of both vehicles, their extent of damage, as well as the presence of any obstructions. In this period you should exchange contact and insurance information with other drivers involved in the accident, if it is safe to do so. Note down the name, address, telephone number, insurance company's policy number, and driver's license information of each person. Note the car's make, year, and license plate number. It may be tempting to point fingers at another driver in the midst of a crisis but this could end up backfiring. Angerful remarks can be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the incident. If possible, it's a good idea to also collect the names and phone numbers of any eyewitnesses that witnessed the collision. Negotiating the Settlement Negotiating a settlement in the event of a car accident can be stressful, especially when you have to pay medical bills and lost income. Fortunately the process can be expedited by hiring an experienced lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered and also know what to anticipate during settlement negotiations with an insurance company. The first step in the settlement process is to prepare your demand letter, which includes your request for the amount that you require to cover your injuries and expenses. Your lawyer can help you in compiling this information, and include any relevant documents that support your demand. If you provided photos of your vehicle or any injuries that were particularly serious to the insurance adjuster, your lawyer would be sure to mention them during negotiations. auto accident lawyer lansing will also remind the adjuster about your pain and suffering damages. These are based on emotional distress and mental agony you've suffered due to the accident. Insurance companies will consider your claim more seriously if engage an attorney to negotiate an agreement on behalf of you. They may also give you a higher settlement. Your attorney will pursue a lawsuit if an insurance company does not agree to a fair settlement.