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Tips For Filing a Car Accident Claim In states with no-fault insurance you could have to file a lawsuit against the driver at a small claims court. You should think about hiring an experienced accident lawyer before taking this step. The insurance company of the other party will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries and vehicle damage as well as for damages such as pain and suffering. The process usually consists of the following steps. Gathering Information If you're able to do this at the scene of the accident while you are still in a safe place and secure, take photographs of all vehicles involved in the accident including the damage as well as any injuries that were sustained. These photos can be used to show that the accident took place as you described. auto accident attorney hoover of the accident, including any skidmarks, debris or skid marks. It is also crucial to get the names, addresses, and telephone numbers of eyewitnesses, if possible. They might later be able to testify on the circumstances surrounding the incident and who was at fault. In certain cases eyewitness testimony could be the most valuable piece of evidence in a case. Note down the insurance information of all the parties involved. You'll need the insurance company name, policy number and contact details, as well as the driver's name and license plate number. This information should be obtained as soon as possible to avoid any confusion or disputes later on. Documentation of medical bills and treatment could be extremely helpful in an insurance claim. Keep receipts of prescription medication as well as other expenses caused by the accident. This could be helpful in proving the damages you claim. If you are in a position of being unable to work because of the injuries you sustained, it is crucial to keep track of your lost wages. Filing the Claim It is recommended to file a claim as soon after the incident as you can if you can. This will allow the insurer to examine your documents and begin working. This ensures that you're in compliance with the New York law deadlines for filing your claim. If you are filing a car insurance claim, you'll need to provide details about the accident and any injuries you suffered due to it. This information will be used to calculate your damages, which could include reimbursement for medical bills, lost wages, property damage, as well as pain and suffering. The insurance company will be required to determine the source of fault, in the event of a need. The final police report can be helpful in this regard. It is essential to keep in mind that determining the fault isn't always a simple task. In some cases even if you believe the crash was your fault other factors could have contributed to the crash. For example, New York is a state of comparative fault meaning that your damages will be reduced based on the percentage of fault you have. The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you when you speak to the adjuster. They'll provide an objective viewpoint and assist you negotiate an equitable settlement. If you're not able to agree on a settlement that's acceptable, you may have be in court to get the money you are entitled to. Inspecting the damages The insurance company will want to visit the scene of the accident to see it for themselves. They'll likely question you and any other parties involved in a crash as well as interview witnesses and look over your vehicle. They will also review your medical records, expense reports, and lost wages in order to gain a better understanding of the impact that the accident had on you. While you wait for the police to arrive, snap photographs with your mobile phone. This will allow you to record the damage and skid marks on both vehicles, as well as the exact location of the cars. If it is safe, you can exchange insurance and contact information with the other drivers involved in the crash. Note down the name of each person and address, along with the telephone number and insurance company, policy numbers and driver's license information. Also note the vehicle's make the year, make and license plate number. In the midst of the situation, it might be tempting to blame the other driver. However, this could backfire. Angerful remarks could be used against you in court Be calm and avoid admitting any guilt or blame at the scene of the incident. It is also recommended to collect the names and numbers of eyewitnesses who witnessed the accident, if it is possible. Negotiating the Settlement Negotiating a settlement in the event of an accident in the car can be stressful, particularly when you must deal with expenses for medical treatment and lost income. Fortunately the process can be speeded by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a greater knowledge of the law, how to calculate the total amount of your losses and damages and what to expect from an insurance company during settlement negotiations. The first step in the settlement process is to draft a demand letter that includes your request for the amount you need to pay for your injuries and expenses. Your attorney can assist you in compiling this information and include any supporting documentation that supports the request. For instance, if you provided the insurance adjuster with photos of your car and injuries that were especially strong your lawyer will make mention of those during negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and damages, which are based on the emotional distress and mental anxiety you've endured as a result of the accident. If you engage a lawyer to negotiate a settlement on behalf of you Insurance companies take claims with greater care and generally offer higher settlements. If the insurance company refuses to offer an equitable settlement, your attorney will make a claim and fight for you in court.