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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you might need to sue the other driver in small claims court. It is recommended to hire an experienced accident lawyer before making this decision. The insurance company of the other side will investigate your claim to determine liability for the collision and pay compensation for your injuries, car damage and other losses, including pain and suffering. The process usually involves the following steps. Gathering auto accident attorney lakewood If you're able do it 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 sustained. These photos will help prove that the accident happened as you described. Take pictures of the scene of the accident, including any skidmarks or other debris. If possible, it is essential to get the names, addresses, and telephone numbers of witnesses. They could be able witness later in the case about how the accident occurred and who was at fault. In certain instances, eyewitness testimony is the most reliable evidence in the course of a lawsuit. Note down the insurance details of all the parties involved. You'll need to know the name of the insurance company and the policy number and the contact information along with the license plate number and driver's name. This information should be obtained as soon as possible to avoid confusion or disputes later. Documentation of medical expenses and treatment is also very useful to support an insurance claim. In keeping receipts for prescription pain medication and other expenses incurred as a result of the wreck could support the damages that are claimed in the claim. If you're unable for work due to an injury you must keep the record of any wages lost. Filing the Claim It's best to start a claim as quickly after the incident as you can when you are able to. This gives the insurer the chance to look over all your paperwork and get to work. This will ensure that you meet the New York law deadlines for filing your claim. If you are filing an insurance claim for a car when filing a claim, you'll need details of the incident and any injuries that you sustained as a result. The information you provide will be used to calculate your damages which could include reimbursement for medical bills, lost wages property damage, as well as the suffering. The insurance company may also need to determine fault, should it be necessary. The final police report can be useful for this. It is essential to remember that determining fault isn't always an easy task. In some instances even if you believe the accident was your fault other factors could have contributed to it. For instance, New York is a state that is a comparative fault one, which means that your damages will be diminished by your percentage of fault. The insurance company will assign an adjuster to your case. It's recommended to bring your lawyer along when you speak to the adjuster. They can provide an objective perspective and assist you negotiate an acceptable settlement. If you're unable agree on a settlement that's satisfactory, you may need to go to court to get the money you are entitled to. Inspecting Damages They'll want to go to the scene of the accident to witness what they can. They may interview you and the other people involved in the collision, talk with witnesses and inspect your vehicles. They will also look over your medical records, your expenses and lost wages to provide an accurate picture of how the accident affected you. While you wait for the police to arrive, try to take pictures with your cell phone. This will help document skid marks as well as the location of both cars, the extent of damage, and the presence of any obstructions. In this instance it is recommended to exchange contact and insurance information with other drivers involved in your accident, if safe to do this. Note down each person's name and address, as well as their phone number and the insurance company's policy numbers, and driver's license information. Also note the vehicle's make year, year and license plate number. It may be tempting to blame another driver in the midst of a crisis but this could be a backfire. Keep your cool and don't admit to fault or guilt. It is also an excellent idea to collect the names and phone numbers of witnesses to the collision, if possible. Negotiating the Settlement The process of negotiating the settlement of a car accident claim can be a stressful and difficult, particularly if you're dealing with medical bills and lost wages. Employing an experienced attorney to handle all negotiations on behalf of you with the insurance provider can speed up the process. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered and also know what to anticipate during settlement negotiations with an insurance company. The first step in the settlement process is to write an official demand letter that outlines your request for the amount you need to cover your injury and expenses. Your lawyer can help you gather this information and also include any other relevant documents to support your request. For example, if you have provided the insurance adjuster with photographs of your car and injuries that were particularly serious the lawyer will refer to these during negotiations. In addition, your attorney will remind the adjuster of your pain and damages, which are based on the mental and emotional anguish you have suffered because of the accident. Insurance companies will consider your claim more seriously if you employ an attorney to negotiate an agreement on behalf of you. They may also offer a better settlement. If the insurance company refuses to provide an equitable settlement, your attorney will bring a lawsuit and fight for you in court.