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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you may need to sue the other driver in small claims court. You should consider retaining an experienced accident lawyer prior to making this decision. The other party's insurer will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and vehicle damages as well as expenses such as pain and suffering. The process typically includes the following steps: Gathering Information If you're able to do it at the scene of the crash, while it is still safe to do so, take pictures of all vehicles involved in the accident, including the damage and any injuries sustained. Photographs can be used to prove that the crash occurred as you've described. Also, take pictures of the scene, including any skid marks or other debris that may be present. It is also vital to obtain the names, addresses, and telephone numbers of eyewitnesses, when possible. They might be able to testify later as to the cause of the accident as well as who was responsible. In some cases eyewitness testimony may be the most valuable piece of evidence in a case. Take down the insurance information of all parties involved in the crash. You'll need to know the name of the insurance company as well as the policy number and the contact information along with the license plate number and driver's name. It is important to get this information in the earliest time possible to avoid any issues or confusion later on. Documentation of medical treatment and expenses could be useful to any claim. 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 track of any lost wages. Filing the Claim It is best to submit a claim as fast after the incident as you can in the event that you are able. This gives the insurer the chance to review all of your documents and begin work. It also ensures that your claim is in compliance with the deadlines set by New York law. You'll need to provide specifics regarding the incident including any injuries you sustained. The information you provide will be used to calculate damages, which includes the amount of compensation for medical expenses, lost wages, property damage as well as discomfort and pain. The insurance company will also have to determine the fault, should it be necessary. The final police report can be helpful in this regard. It is crucial to keep in mind that determining the fault isn't always an easy task. In some instances, even if you think the accident was your fault other factors might have contributed to the crash. New York, for example is a state in which there 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 case. It is important to have your lawyer with you when you talk to the adjuster. They'll be able to offer an objective viewpoint and assist you negotiate an acceptable settlement. If you're unable to find a solution that is acceptable, you might have be in court to get the money that you are entitled to. Inspecting the damage They'll want to go to the accident scene to see what they can. They will likely interview you and other people involved in the accident and talk to witnesses and inspect your vehicle. They will also look over your medical records, your expenses and lost wages to get an understanding of how the accident affected you. While you wait for the police to arrive at the scene Try taking pictures using your mobile phone. This will help document skid marks, locations of both cars, the extent of damage, and the presence of any obstructions. If it's safe, you can exchange insurance and contact information with other drivers involved in the crash. Note down the names, addresses, phone number, insurance company's policy number, and driver's licence information of each driver. Note the car's make year, model and license plate number. In the midst of the situation, it can be tempting to point the finger at another driver. But, auto accident lawsuit bellingham could backfire. Keep your cool and don't acknowledge fault or guilt. It's also an excellent idea to collect the names and numbers of witnesses who witnessed the collision, if possible. Negotiating the Settlement The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially if you're dealing with costs for medical expenses and lost wages. Hiring an experienced lawyer to conduct all negotiations on your behalf with the insurance company could expedite the process. An attorney will have a greater knowledge of the law, how to calculate your total loss and damages and what you can expect from an insurance company during settlement negotiations. The first step is to compose a letter of demand that includes the amount you want to pay for your medical expenses and other injuries. Your lawyer can help you compile this information and include any other relevant documentation that supports your request. If you sent photos of your car or other injuries which were particularly serious to the insurance adjuster, your lawyer would include them in negotiations. Your attorney will remind the adjuster of your damages for pain and suffering. These are based on emotional distress and mental agony that you've suffered due to the accident. Insurance companies will treat your claim more seriously if you engage an attorney to negotiate an agreement on behalf of you. They will also give you a higher settlement. If the insurance company refuses to offer an acceptable settlement, your lawyer will bring a lawsuit and advocate for you in court.