10 Healthy Auto Accident Settlement Habits
Tips For Filing a Car Accident Claim
In states that do not have no-fault insurance, you could have to sue the driver in a 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 to determine liability for the collision and provide compensation for your injuries, car damage, and other losses, such as pain and suffering. The process typically includes the following steps:
Gathering Information
If you're able to do this at the scene of the crash, while you are still in a safe place you should take photos of all the vehicles involved in the accident, including the damage and any injuries sustained. The photos you take can help to prove that the incident occurred as you have described. Take pictures of the site of the accident, including any skidmarks, debris or skid marks.
If you can, it's important to obtain the names, addresses and phone numbers of eyewitnesses. They may be able to witness later in the case about what caused the accident and who was at fault. In auto accident lawyer newark , eyewitness testimony is the most valuable evidence in a lawsuit.
Note down the insurance information of all the parties involved. You'll need the insurance company name along with the policy number, contact information, along with the driver's name and license plate number. If you get this information as early as you can could avoid disputes or confusion later on.
Documentation of medical expenses and treatment can also be very valuable for the purpose of submitting a claim. Keep receipts for prescription medications and other expenses that were caused by the accident. This could help support the damages you claim. If you are unable to work due to an injury, you must keep all the lost wages.
Claim Form
If you are able to do so, it's best to submit your claim as quickly as possible after the accident. This gives the insurance company the opportunity to review all of your documents and get to work. It also ensures that your claim is within the deadlines stipulated by New York law.
When you file an insurance claim for your car when filing a claim, you'll need details of the incident and any injuries you suffered due to it. The information you provide will be used to calculate your damages, which could include compensation for medical expenses, lost wages, property damage, as well as the suffering.
If necessary, the insurance company must to determine who is the culprit. The final police report can be helpful in this regard. However it is important to keep in mind that determining fault isn't always straightforward. In some instances, even if you think the accident was your fault other factors may have contributed to it. New York, for example is a state that has a comparative negligence system, which means that your damages are diminished by the percentage of your fault.
The insurance company will assign an adjuster for cases. You should bring your attorney present when you speak to the adjuster. They'll provide an objective perspective and help you negotiate a fair settlement. If you're not able to reach an acceptable settlement, it could be necessary to go to trial to get the amount you're entitled to.
Examining the Damages
They'll want to go to the accident scene to see for themselves. They may interview you and other parties involved in the accident, speak to witnesses, and examine your vehicles. They will also go through your medical records, your expenses and lost wages to get a clear picture of how the accident has affected you.
While you wait for the police to arrive, take pictures using your mobile phone. This will allow you to document the skid marks and damage on both vehicles and the exact location of the cars.
During this time you should make sure to exchange contact information and insurance details with the other drivers involved in the accident, if safe to do so. Note down the name, address, phone number, insurance company's policy number, and driver's license information of each person. Note the vehicle's make year, make, and license plate number.
It's tempting to point fingers at another driver in the midst of a crisis but this could end up backfiring. Be calm and don't admit fault or guilt. It is also recommended to collect the names and telephone numbers of eyewitnesses who witnessed the collision, if possible.
Negotiating the Settlement
The process of negotiating a settlement after an auto accident can be stressful, especially when you must deal with medical bills and income loss. Engaging an experienced lawyer to negotiate on your behalf with the insurance company will expedite the process. An attorney will have a better understanding of the law and the method of calculating your total losses and damages and what to expect from an insurance company during settlement negotiations.
The first step is to draft your letter of demand which contains the amount you require to cover your expenses and injuries. Your attorney can assist you in assembling this information and also include any other relevant documents to support the request. If you submitted photos of your vehicle or any injuries which were particularly serious to the insurance adjuster, your lawyer will include them in negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and suffering damages which are based on the mental and emotional stress you've suffered as a result of the accident.
Insurance companies will treat your claim more seriously if you hire an attorney to negotiate an agreement on behalf of you. They may also offer a greater settlement. If the insurance company refuses to provide a fair settlement, your lawyer will file a lawsuit and fight for you in court.