It's Time To Expand Your Auto Accident Settlement Options

Tips For Filing a Car Accident Claim

In states that haven't adopted no-fault insurance policies, you may need to sue the other driver in a small claims court. Before you do this you should talk to an experienced attorney for accidents.

The other party's insurance provider 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 usually involves the following steps:

Gathering Information

If you're able do so at the site of the crash while you are still in a safe place and secure, take photographs of all vehicles involved in the crash including the damage, as well as any injuries sustained. Photographs can be used to prove that the incident was as you described it. Also, take pictures of the auto accident law firm scene itself including any skid marks or debris that are visible.

It is also crucial to obtain the names, addresses and phone numbers of eyewitnesses, when possible. They could be later able to testify on what happened and who was responsible. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit.

Note down the insurance details of all parties involved. You'll need to know the name of the insurance company, the policy number, and the contact information as well as the license plate number and driver's name. It is important to get this information as soon as possible can avoid any confusion or disputes later.

Documentation of medical treatment and expenses can be valuable to the claimant as well. Keeping receipts for prescription pain medication and other expenses caused by the wreck could support the damages that are claimed in the claim. If you are unable work due to an injury you should keep an eye on any lost wages.

Filing the Claim

It is best to file a claim as soon after the incident as you can should you be able to. This will allow the insurance company to review your documents and get started. It will also ensure that your claim is in compliance with the deadlines stipulated by New York law.

You'll need to provide details about the accident including any injuries you may have sustained. The information you provide will be used to calculate the amount of damages you've suffered, which could include compensation for medical expenses, lost wages, property damage, as well as the pain and suffering.

The insurance company will also have to determine fault when necessary. It is helpful to have the final police report available for this purpose. It is important to keep in mind that determining the cause of the crash isn't always a simple task. In some instances even if you believe the crash was your fault, other factors could be responsible for it. For instance, New York is a state of comparative fault which means that your losses will be reduced according to your percentage of fault.

The insurance company will assign an adjuster to your case. It's best to bring your lawyer along when you speak to the adjuster. They'll be able to offer an objective perspective and help you negotiate an equitable settlement. If you're unable to reach a settlement that is satisfactory, you may have to go to court in order to get the money you are entitled to.

Examining the damages

The insurance company may want to visit the scene of the crash to observe the auto accident lawyer for themselves. They'll likely question you and other people who were involved in the collision, speak to eyewitnesses, and look over your vehicle. They will also examine your medical records, expenses and lost wages to get a clear picture of how the accident affected you.

While you wait for the police to arrive, snap pictures with your phone. This will allow you to document the damage and skid marks on both cars as well as the location of the cars.

If it's safe you can exchange insurance and contact information with other drivers involved in the accident. Jot down each person's name address, phone number, address and insurance company, policy numbers and driver's license information. Also note the car's make year, year and license plate number.

In the midst of the circumstances, it could be tempting to blame another driver. However, this can backfire. The words you say can be used against you in court Be calm and don't admit any guilt or blame at the scene of the accident. It's also an ideal idea to record the names and numbers of witnesses to the accident, if they are able to.

Negotiating the Settlement

The process of negotiating a settlement after a car accident can be difficult, especially if you are faced with medical bills and lost income. Engaging an experienced lawyer to negotiate on behalf of you with the insurance provider can speed up the process. An lawyer will have a better knowledge of the law and the best way to calculate your total damages and losses, and what to expect from an insurance company in settlement negotiations.

The first step is to write a letter of demand that includes the amount you require to pay for your injuries and expenses. Your lawyer can assist you in compiling this information, and include any relevant documentation that supports the demand. For instance, if for example you included the insurance adjuster's photos of your vehicle and injuries that were particularly serious the lawyer will refer to those during negotiations. Your lawyer will remind the adjuster of the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony you've experienced because of the auto accident law firm.

If you employ a lawyer to negotiate a settlement on behalf of you insurance companies will treat your claim more seriously and typically offer higher settlements. The lawyer will file a suit if the insurance company refuses to pay a fair settlement.