Why Auto Accident Settlement Is Your Next Big Obsession
Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance policies, you may need to sue the other driver in small claims court. Before taking this action you should talk to an experienced accident attorney.
The insurance company of the other party will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and vehicle damage, as well as damages such as pain and suffering. The process typically includes the following steps:
Gathering Information
If you are able to do this at the scene of the crash while it is safe you should take photos of all the vehicles involved in the crash including the damage and any injuries that may have occurred. These photographs can help verify that the accident occurred as you described. Take pictures of the accident site, including any skidmarks, debris or skid marks.
If you can, it is important to obtain the names, addresses and phone numbers of eyewitnesses. They could be able provide evidence later on as to how the accident occurred and who was responsible. In certain cases eyewitness testimony could be the most valuable evidence in the case.
Make note of the insurance details of all the parties involved in the crash. You'll need the insurance company name, policy number and contact information, as well as the driver's name and license plate number. It is important to get this information in the earliest time possible to avoid any confusion or disputes later.
Documentation of expenses and medical treatment can be valuable to any claim. Keep receipts for prescription medications as well as other expenses caused by the accident. This could be helpful in proving the damages you claim. If you are unable work due to injury, you should keep an eye on any lost wages.
Claim Form
It's best to start a claim as quickly after the incident as you can should you be able to. This will allow the insurer to review your claim and begin working. It will also ensure that your claim is in compliance with the deadlines stipulated by New York law.
When you file a car insurance claim when filing a claim, you'll need details about the accident as well as any injuries you sustained as a result. This information will be used to calculate your damages which could include compensation for medical expenses, lost wages, property damage, and pain and suffering.
The insurance company may also have to determine fault should it be necessary. The final police report may be helpful in this regard. However it is important to keep in mind that determining fault is not always easy. Even if you believe the crash was your fault in a few cases, other factors may have contributed. New York, for example is a state in which there 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 to your case. It's best to have your lawyer with you when you speak to the adjuster. They'll be able to provide an objective perspective and help you negotiate an acceptable settlement. If auto accident attorney scranton to negotiate a satisfactory settlement, it might be necessary to go to court to receive the compensation you're due.
Examining the damage
They'll want to visit the scene of the accident to see for themselves. They may interview you and other parties involved in the accident, speak with witnesses and inspect your vehicles. They will also review your medical records, expenses and lost wages to get a clearer picture of the impact of the crash on you.
While you wait for the police to arrive, snap pictures with your phone. This will help document skid marks as well as the location of both vehicles, their extent of damage, and the presence of any obstructions.
If it's safe you can exchange insurance and contact information with other drivers involved in the accident. Note down the names of everyone involved and address, along with the telephone number and insurance company, policy numbers and driver's licence information. Also note the vehicle's make, year and license plate number.
It may be tempting to blame another driver in the midst of a crisis, but this can backfire. Keep your cool and don't admit to fault or guilt. It is also a good idea to gather the names and telephone numbers of eyewitnesses who witnessed the accident, if it is possible.
Negotiating the Settlement
Negotiating the settlement of a car crash claim can be difficult and stressful, especially if you're dealing with expenses for medical treatment and lost wages. Fortunately, the process can be made easier by hiring a knowledgeable lawyer to manage all negotiations with the insurance company on your behalf. An attorney will be able to better know the law, calculate your total damages and be aware of what to expect during settlement negotiations with an insurance company.
The first step is to compose a demand letter that includes the amount you need to cover your expenses and injuries. Your attorney can help gather this information and also include any other documentation that supports your request. If you have sent pictures of your vehicle or any injuries that were particularly serious to the insurance adjuster, your lawyer would be sure to mention them during negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental pain you've experienced because of the accident.
Insurance companies will take your claim more seriously if engage an attorney to negotiate for a settlement on behalf you. They may also give you a higher settlement. If the insurance company refuses to provide a fair settlement, your lawyer will bring a lawsuit and represent you in court.