Tips For Filing a Car Accident Claim
In states with no-fault insurance you could have to sue the driver in a small claims court. Before you take this action you should talk to an experienced accident attorney.
The other party's insurer will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries as well as car damage as well as for the losses resulting from pain and suffering. The process usually consists of the following steps.
Gathering Information
If you're able to do it at the scene of the accident while you are still in a safe place to do so, take pictures of all vehicles involved in the accident including the damage, as well as any injuries sustained. These photos can be used to show that the accident took place in the manner you described it. In addition, take pictures of the accident scene itself, including any skid marks or other debris that are visible.
If possible, it's important to obtain the names, addresses, and telephone numbers of witnesses. They could be able be later called in to testify about the circumstances of the accident and who was responsible. In certain instances eyewitness testimony could be the most valuable piece of evidence in the case.
Take down the insurance information of everyone involved in the accident. You'll need the name of the insurance company as well as the policy number and the contact information as well as the license plate number and driver's name. In the event that you can get this information as quickly as possible could prevent disputes or confusion later on.
Documentation of medical expenses and treatments can be helpful to the claimant as well. Keep receipts for prescription drugs as well as other expenses caused by the accident. This could help support the damages you claim. Also, if disabled from work because of your injuries, it's crucial to keep records of the wages you lost.
Filing the Claim
It's best to make a claim as soon after the accident as possible should you be able to. This will allow the insurer to review your documents and begin working. auto accident lawsuit santa fe ensures that your claim meets the deadlines stipulated by New York law.
You'll need to give details about the accident including any injuries you may have sustained. The information you provide will be used to calculate your damages, which could include compensation for medical bills, lost wages, property damage, and suffering and pain.
If it is necessary the insurance company needs to determine who is responsible. It is helpful to have the final police report available to assist in this. It is essential to keep in mind that determining who is to blame isn't always an easy task. Even if you believe that the accident was your fault in certain cases, other factors could have contributed. New York, for example is a state in which there has a relative negligence system, which means your damages are diminished by the proportion of your fault.
The insurance company will assign an adjuster to your case. It's recommended to have your lawyer with you as you talk to the adjuster. They'll be able to offer an objective view and help you negotiate an equitable settlement. If you're not able to agree on a settlement that's acceptable, you may have to go to court in order to obtain the compensation you are entitled to.
Inspecting Damages
They'll want to go to the accident scene to see for themselves. They'll probably question you and any other participants in the accident, speak to witnesses and inspect your vehicles. They will also look over your medical records, your expenses, and lost wages in order to get a clearer picture of the accident's impact on you.
While you are waiting for the police to arrive, snap photographs with your mobile phone. This will allow you to record the damage and skid marks on both cars as well as the location of the cars.
During this time it is recommended to exchange insurance and contact information with other drivers in the accident, if it is safe to do so. Note down the name, address, phone number, insurance company's policy number, and driver's license details of each driver. Note the make, year and license plate number.
In the midst of a situation, it may be tempting to blame another driver. However, this could backfire. The words you say could be used against you in court So, keep your cool and do not admit to any fault or guilt at the scene of the incident. It is also an ideal idea to record the names and telephone numbers of witnesses who witnessed the collision, if possible.
Negotiating the Settlement
Settlement negotiations for an auto accident can be stressful, especially when you are faced with medical bills and lost income. Employing an experienced attorney to negotiate on behalf of you with the insurance company will make the process easier. An attorney will have a greater knowledge of the law and how to calculate your total loss and damages and what to expect from an insurance company in settlement negotiations.
The first step is to write your letter of demand which includes the amount you require to cover your costs and injuries. Your lawyer can help you in compiling this information, and also include any other relevant documents to support the request. If you submitted photos of your car or other injuries that were especially severe to the insurance adjuster, your lawyer will mention them during negotiations. In addition, your attorney will remind the adjuster of your pain and suffering damages which are based on the emotional distress and mental anguish you have suffered because of the accident.
If you engage an attorney to negotiate the settlement on your behalf insurance companies take claims much more seriously and usually offer higher settlements. Your attorney will start a lawsuit if the insurance company refuses a fair settlement.