Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you may be required to file a lawsuit against the other driver in a small claims court. Before you take this action, you should consult with an experienced accident attorney.
The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries and damage as well as for the losses resulting from pain and suffering. The process usually consists of the following steps.
Gathering Information
Take photos of the vehicles involved in the crash. Include any injuries or damages. These photographs will verify that the accident occurred as you described. Take pictures of the accident site, including any skidmarks or other debris.
It is also important to obtain the names, addresses and telephone numbers of eyewitnesses, when possible. They may be able later to provide evidence about the circumstances surrounding the incident and who was responsible. 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 name of the insurance company as well as policy number and contact information, along with the driver's name and license plate number. It is important to get this information as soon as possible can avoid conflicts or confusion later.
Documentation of medical treatment and expenses could be helpful to any claim. Keeping receipts for prescription pain medication and other expenses caused by the wreck could support the damages claimed in the claim. Also, if unable to work due to the injuries you sustained, it is vital that you keep track of your lost wages.
Filing the Claim
It is recommended to start a claim as quickly following the accident as should you be able to. This gives the insurance company an chance to look over all your documents and begin work. It also ensures that your claim meets the deadlines stipulated by New York law.
You'll need to provide specifics regarding the incident and any injuries you suffered. The information you provide will be used to calculate damages, including reimbursement for medical expenses, lost wages, property damage and discomfort and pain.
The insurance company will need to determine fault, in the event of a need. It can be helpful to have the final police report to aid in this process. However, it is important to keep in mind that determining fault is not always easy. Even if you believe that the accident was your fault in certain cases, other factors may have contributed. New York, for example is a state in which there has a comparative negligence system, meaning the amount of damages you incur is reduced by the proportion of your fault.
The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along while you speak with the adjuster. auto accident attorney olathe 'll be able to provide an objective view and help you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it could be necessary to go to court to get the money you deserve.
Inspecting the damage
They'll want to visit the scene of the accident to witness what they can. They may interview you and other parties involved in the accident, speak to witnesses and inspect your vehicles. They will also review your medical records, expense reports, and lost wages in order to gain a better understanding of the accident's impact on you.
While you are waiting for the police to arrive, snap pictures with your phone. This will allow you to document skid marks, the locations of both vehicles, their extent of damage, as well as the presence of any obstructions.
In this period you should share contact and insurance information with other drivers in the accident, if safe to do this. Note down the names of everyone involved and address, as well as their phone number and insurance company, policy numbers, and driver's license information. Note the make year, make and license plate number.
It may be tempting to point fingers at another driver in the heat of the moment, but this can backfire. angry remarks can be used against you in court, so keep your cool and do not admit to any fault or guilt at the scene of the accident. It's also recommended to collect the names and telephone numbers of witnesses who witnessed the collision, if you can.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be difficult and difficult, particularly when you're faced with the cost of medical bills and lost wages. Fortunately you can get the process speeded by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf. An attorney will have a greater understanding of the law and how to calculate your total loss and damages and what you can expect from an insurance company in settlement negotiations.
The first step in the settlement process is to write an official demand letter that outlines your request for the amount that you need to cover your injuries and expenses. Your lawyer can help you in compiling this information and also include any other relevant documents to support your demand. If you submitted photos of your car or injuries that were particularly severe to the insurance adjuster, your lawyer will make mention of them during negotiations. In addition, your attorney will remind the insurance adjuster of your pain and suffering damages that are based on the emotional distress and mental anxiety you've endured as a result of the accident.
If you hire a lawyer to negotiate a settlement on your behalf, insurance companies treat claims much more seriously and usually offer higher settlements. The lawyer will start a lawsuit if the insurance company refuses to offer a fair settlement.