Tips For Filing a Car Accident Claim
In states without no-fault insurance you could be required to sue the driver in a small claims court. Before taking this step it is recommended to consult an experienced accident lawyer.
The insurance company of the other party will examine your claim to determine the liability for the collision and award compensation for your injuries, car damage and other losses, including pain and suffering. The process usually includes the following steps:
Gathering Information
If you're able to do this at the scene of the crash while it is safe to do so, take pictures of all vehicles involved in the crash including the damage, as well as any injuries that were sustained. These photos can be used to verify that the accident occurred in the manner you described. Take pictures of the scene of the accident, including any skidmarks or debris.
It is also crucial to get the names, addresses and phone numbers of eyewitnesses if possible. They may be able later to testify as to what transpired and who was at fault. In some cases eyewitness testimony is the most valuable evidence in a lawsuit.
Make note of the insurance details of all parties involved in the accident. You will require the name of the insurance company along with the policy number, contact information, along with the driver's name and license plate number. If you get this information as early as possible can avoid disputes or confusion later on.
Documentation of medical treatment and expenses can prove valuable in the claimant as well. Keep receipts for prescription medicines and other expenses incurred due to the accident. This could be helpful in proving the damages you claim. If you are unable to work because of an injury, you should keep the record of any wages lost.
Claim Form
If you are able to file a claim it is recommended to start your claim as soon as possible after the accident. This gives the insurance company the opportunity to review all of your paperwork and get to work. It also ensures that your claim is in compliance with the deadlines stipulated by New York law.
You'll have to provide information regarding the incident including any injuries you sustained. The information you provide will be used to calculate damages, such as compensation for medical expenses lost wages, damage to property as well as discomfort and pain.
The insurance company may also have to determine fault when necessary. The final police report can serve as a reference point. However, it is important to remember that determining fault isn't always easy. Even if you believe the crash was your fault in certain cases, other factors could have contributed. New York, for example is a state that has a comparative negligence system, which means that your damages are reduced according to the proportion of your fault.
auto accident attorney newport news will assign an adjuster to your case. It is important to have your lawyer present when you talk to the adjuster. They can provide an impartial view and assist you negotiate a fair settlement. If you're not able to reach an acceptable settlement, it could be necessary to go to court to get the money you're due.
Inspecting for Damages
The insurance company may want to visit the scene of the accident to see the scene for themselves. They may interview you as well as other people involved in the crash, talk to eyewitnesses and look at your vehicles. They will also review your medical records, your expenses and lost wages to get clear information about how the accident has affected you.
While you are waiting for the police to arrive, take pictures using your mobile phone. This will allow you to document the damage and skid marks on both vehicles and also the exact location of the cars.
In this instance, you should share contact and insurance information with other drivers involved in your accident, if it is safe to do so. 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. Also note the car's make, year and license plate number.
It may be tempting to point fingers at another driver in the heat of the moment however, this could backfire. The words you say could be used against you in court, so keep your cool and don't admit any guilt or blame at the scene of the accident. It is also an ideal idea to record the names and numbers of witnesses who witnessed the accident, if it is possible.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be a stressful and stressful, especially when you're faced with costs for medical expenses and lost wages. Fortunately it is possible to speeded up by hiring a skilled lawyer to negotiate with the insurance company on your behalf. An attorney will have a greater knowledge of the law and the method of calculating 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 draft a demand letter that includes your request for the amount you need to cover your injuries and expenses. Your lawyer can assist you in compiling this information and include any relevant documents to support your request. For example, if you provided the insurance adjuster with photos of your vehicle and injuries that were particularly severe, your lawyer will mention these 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 have experienced because of the accident.
Insurance companies will consider your claim more seriously if you employ an attorney to negotiate for a settlement on behalf you. They will also offer a better settlement. Your lawyer will pursue a lawsuit if an insurance company does not agree to a fair settlement.