Tips For Filing a Car Accident Claim
In states where there is no no-fault insurance you could have to file a lawsuit against the driver in a small claims court. You should think about hiring an experienced lawyer in the field prior to taking this step.
The insurer of the other party will examine your claim and determine the liability for the collision. They will then award compensation for your injuries and car damages as well as losses such a pain and suffering. The process typically involves the following steps:
Gathering Information
If you're able to do it at the scene of the crash, while it is safe to do so, take pictures of all the vehicles involved in the accident, including the damage and any injuries that may have occurred. These photos can help to prove that the crash occurred as you have described. Take pictures of the accident site, including any skidmarks or other debris.
If possible, it's essential to get the names, addresses, and phone numbers from eyewitnesses. auto accident attorney elgin could be able provide evidence later on as to the cause of the accident as well as who was responsible. In some cases eyewitness testimony is the most important evidence in the case.
Note down the insurance information of all parties involved. You'll need the name of the insurance company, the policy number, and the contact information along with the license plate number and driver's name. These details should be obtained as soon as you can to avoid any issues or confusion later on.
Documentation of expenses and medical treatment can prove valuable in the claimant as well. Keep receipts for prescription drugs as well as other expenses related to the accident. This can be used to support the damages you claim. If you are unable work due to an injury, you should keep the record of any wages lost.
Claim Form
It is recommended to file a claim as soon after the accident as possible in the event that you are able. This gives the insurance company an opportunity to go through all of your documents and get to work. It also ensures that your claim is within the deadlines set by New York law.
When filing an insurance claim for your car, you'll need to provide details about the accident and any injuries that you sustained due to it. The information you provide will be used to calculate damages, such as compensation for medical expenses, lost wages, damage to property, and discomfort and pain.
The insurance company may also need to determine fault, in the event of a need. It is helpful to have the final police report to aid in this process. It is crucial to remember that determining the cause of the crash isn't always an easy task. Even if you believe that the accident was your fault in some circumstances, other factors could have contributed. For instance, New York is a comparative fault state which means that your damages will be reduced by your percentage of fault.
The insurance company will assign a case adjuster. You should bring your attorney with you during your conversation with the adjuster. They can offer an impartial perspective and assist you negotiate a fair settlement. If you're unable to negotiate a satisfactory settlement, it might be necessary to go to trial to receive the compensation you're due.
Inspecting the damages
The insurance company will visit the scene of the accident and examine the scene for themselves. They will likely interview you and the other parties involved in a crash, speak to eyewitnesses, and look over your vehicle. They will also review your medical records, expenses and lost wages to get an accurate picture of how the accident has affected you.
While you wait for police to arrive, try to take pictures using your mobile phone. This will allow you to document the damage and skid marks on both cars and also the exact location of the cars.
In this period, you should exchange insurance and contact information with the other drivers involved in the accident, if it is 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 make, year and license plate number.
It's tempting to point fingers at another driver in the heat of the moment however, this could backfire. Be calm and don't admit fault or guilt. It's also recommended to collect the names and numbers of eyewitnesses who witnessed the accident, if they are able to.
Negotiating the Settlement
Negotiating a settlement for a car accident is stressful, particularly when you have to deal with medical bills and lost income. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to negotiate with the insurance company on your behalf. An attorney can better comprehend the law, estimate the total amount of damages you have suffered, and know what to expect during settlement negotiations with an insurance company.
The first step is writing your letter of demand which contains the amount you require to pay for your medical expenses and other injuries. Your attorney can assist you in compiling this information, and include any supporting documents to support your demand. If you provided photos of your vehicle or injuries that were particularly severe to the insurance adjuster, your lawyer will mention them during negotiations. Your attorney will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony you have suffered due to the accident.
If you engage an attorney to negotiate a settlement on behalf of you, insurance companies treat claims more seriously and typically offer higher settlements. Your lawyer can pursue a lawsuit if an insurance company refuses to pay a fair settlement.