Auto Accident Settlement Tips From The Top In The Industry
Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you could be required to file a lawsuit against the other driver in a small claims court. Before you do this it is recommended to consult an experienced attorney for accidents.
The insurer of the other party will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries and damages as well as expenses such as pain and suffering. The process usually includes the following steps:
Gathering Information
Take photographs of the cars involved in the accident. Include any injuries or damage. Taking these photographs could help to prove that the accident occurred as you have described. Also, take pictures of the accident scene itself including any skid marks or debris that are present.
It is also essential to collect the names, addresses and phone numbers of eyewitnesses, if possible. They might later be able to testify on what transpired and who was responsible. In some instances eyewitness testimony may be the most valuable evidence in a case.
Make note of the insurance details of everyone involved in the accident. You'll need to know the name of the insurance company and the policy number and contact details as well as the license plate number and driver's name. It is important to get this information as soon as you can could avoid conflicts or confusion later.
Documentation of medical expenses and treatments can be extremely valuable for claims. Keep receipts of prescription medication and other expenses resulted from the accident. This can help in proving the damages you claim. If you are in a position of being unable to work because of your injuries, it's vital that you keep the track of your wages lost.
Claim Form
It is recommended that you file a claim as soon after the accident as possible in the event that you are able. This gives the insurance company the opportunity to review all of your documents and then get to work. This ensures that you meet the New York law deadlines for filing your claim.
When filing an insurance claim for your car, you'll need to provide details about the accident as well as any injuries you suffered as a result. The information you provide will be used to calculate damages, including reimbursement for medical expenses, loss of wages, damage to property and pain and discomfort.
The insurance company will also be required to determine the source of fault, when necessary. The final police report can be helpful for this. It is important to remember that determining who is to blame is not always an easy task. In some instances, even if you think the accident was your fault, other factors may have contributed to the accident. New York, for example is a state in which there has a comparative negligence system, which means that the amount of damages you incur is reduced by the percentage of your fault.
The insurance company will assign an adjuster for case. You should have your lawyer with you when you meet with the adjuster. They can offer a neutral perspective and help you to negotiate an acceptable settlement. If you're not able to reach a satisfactory settlement, it could be necessary to go to trial to get the amount you're due.
Inspecting Damages
They will want to go to the accident scene to see what they can. They will probably interview you and any other participants in the collision, talk to eyewitnesses and look at your vehicles. They will also examine your medical records, expenses and lost wages in order to gain a better understanding of the accident's impact on you.
While you wait for police to arrive Take pictures with your cell phone. This will help document skid marks, locations of both cars, the degree of damage, as well as the presence of any obstructions.
In this period, you should share contact and insurance information with the other drivers involved in the accident, if safe to do this. Note down each person's name and address, along with the telephone number and insurance company, policy numbers, and driver's license information. Also note the vehicle's make year, year, and license plate number.
It's tempting to point fingers at another driver in the heat of the moment, but this can backfire. The words you say can be used against you in court and you should be calm and don't admit any fault or guilt at the scene of the collision. It is also an excellent idea to collect the names and numbers of eyewitnesses who witnessed the accident, if they are able to.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be difficult and a bit frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Hiring an experienced attorney to handle all negotiations on your behalf with the insurance company can expedite the process. An attorney will have a greater understanding of the law, how to calculate your total loss and damages, and what to expect from an insurance company during settlement negotiations.
The first step in the settlement process is to draft your demand letter, which includes your demand for the amount you need to cover your injury and expenses. auto accident attorney passaic can assist you in compiling the information, and include any supporting documents to support the request. If you provided photos of your vehicle or injuries that were especially severe to the insurance adjuster, your lawyer will include them in negotiations. Your lawyer will also remind the adjuster about your damages for pain and suffering. These are based on the emotional stress and mental agony you've suffered as a result of the accident.
Insurance companies will take your claim more seriously if you engage an attorney to negotiate for a settlement on behalf you. They may also give you a higher settlement. Your attorney will pursue a lawsuit if an insurance company refuses to offer a fair settlement.