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Tips For Filing a Car Accident Claim In states without no-fault insurance you could have to file a lawsuit against the driver in a small claims court. It is recommended to hire an experienced accident lawyer before taking this step. The insurance company of the other side will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage, and losses such as pain and suffering. The process usually involves the following steps. Gathering Information Take pictures of the vehicles involved in the crash. Include any injuries or damages. These photographs can help establish that the incident occurred in the manner you described. Take pictures of the site of the accident, including any skidmarks, debris or skid marks. If you can, it is important to obtain the names, addresses and phone numbers from eyewitnesses. They could be able testify later as to the cause of the accident as well as who was responsible. In certain cases eyewitness testimony may be the most valuable evidence in the case. Note down the insurance details of all those involved in the accident. You will need the insurance company name as well as policy number and 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 expenses and treatments can also be very valuable in the purpose of submitting a claim. Keep receipts of prescription medication and other expenses that were resulted from the accident. This can help in proving the damages you claim. If you are unable work due to an injury you should keep all the lost wages. Filing the Claim If you are able to do so, it's best to start your claim as soon as you can following the incident. This allows the insurance company to review your documents and begin working. This will ensure that you meet the New York law deadlines for filing your claim. In order to file an insurance claim for a car, you'll need to provide details about the accident and any injuries you suffered due to it. This information is used to calculate damages, including compensation for medical expenses, loss of wages, damage to property and discomfort and pain. If required the insurance company will need to determine who is responsible. It is helpful to have the final police report for this purpose. It is crucial to keep in mind that determining the cause of the crash is not always an easy task. In auto accident law firm washington , even if you think the accident was your fault other factors may have contributed to the crash. New York, for example is a state that has a relative negligence system, which means your damages are reduced by the percentage of your fault. The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along during your conversation with the adjuster. They can provide an objective perspective and assist you negotiate an acceptable settlement. If you're not able to reach a settlement that is satisfactory, you may have to take your case to court to get the money you are entitled to. Examining the damages The insurance company will need to visit the scene of the accident and examine it for themselves. They will likely interview you as well as any other participants involved in the crash, speak to eyewitnesses, and examine your vehicle. They will also review your medical records, expenses, and lost wages to get a clearer picture of the effect that the accident had on you. While you wait for police to arrive You can take photos with your cell phone. This will allow you to document the skid marks and damage on both vehicles as well as the location of the vehicles. In this instance you should share contact and insurance information with other drivers in the accident, if safe to do this. Note down the names, addresses, phone number, insurance company, policy number, and driver's licence information for each person. Note the vehicle's model year, model and license plate number. It may be tempting to blame another driver in the heat of the moment, but this can backfire. angry remarks could be used against you in court Be calm and don't admit any fault or guilt at the scene of the accident. It is also recommended to collect the names and telephone numbers of eyewitnesses who witnessed the collision, if you can. Negotiating the Settlement The process of negotiating the settlement of a car accident claim can be stressful and difficult, particularly if you're dealing with costs for medical expenses and lost wages. Fortunately you can get the process speeded up by hiring a skilled lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney can better know the law, calculate the total amount of damages you have suffered and be aware of what to expect in settlement negotiations with an insurance company. The first step in the settlement process is writing an official demand letter that outlines your demand for the amount you require to cover your injuries and expenses. Your attorney can assist you in compiling this information, and also include any other relevant documents that support your demand. If you sent photos of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer would include them in negotiations. Your attorney will remind the adjuster of your pain and suffering damages. These are based on the emotional stress and mental agony you have suffered as a result of the accident. If you hire an attorney to negotiate the settlement on behalf of you, insurance companies treat claims much more seriously and usually offer higher settlements. Your lawyer can file a suit if the insurance company does not agree to a fair settlement.