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In states that have not adopted no-fault insurance policies, you may be required to file a lawsuit against the other driver in small claims court. You should think about hiring an experienced lawyer for accidents prior to making this decision.
The other party's insurer will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries and car damage as well as for the losses resulting from pain and suffering. The process usually involves the following steps:
Gathering Information
If you are able to do this at the scene of the crash while it is still safe and secure, take photographs of all vehicles involved in the crash including the damage and any injuries sustained. The photos you take can help to prove that the crash occurred as you've described. Take pictures of the site of the accident, including any skidmarks or other debris.
It is also essential to collect the names, addresses and phone numbers of eyewitnesses, if possible. They might be able to testify later as to how the accident occurred and who was responsible. In certain cases eyewitness testimony may be the most important evidence in the case.
Note down the insurance information of all the parties involved. You will need to know the name of the insurance company along with the policy number and the contact information as well as the license plate number and driver's name. It is important to get this information immediately to avoid confusion or disputes later on.
Documentation of medical expenses and treatment can also be very valuable in claims. Keep receipts for prescription medications and other costs incurred due to the accident. This could be helpful in proving the damages you claim. In addition, if you're not able to work due to your injuries, it's important to keep an eye on your lost wages.
Filing the Claim
If you are able to file a claim you should submit your claim as quickly as you can following the accident. This allows the insurance company to review your paperwork and get started. This ensures that you meet the New York law deadlines for filing your claim.
In order to file an insurance claim for a car, you'll need to provide details about the auto accident attorneys and any injuries that you sustained as a result. This information will be used to calculate the amount of damages you've suffered, which could include compensation for medical expenses, lost wages, property damage, and the suffering.
If it is necessary, the insurance company will need to determine who is to blame. It is beneficial to have the final police report available for this purpose. However it is essential to remember that determining fault isn't always easy. In some instances, even if you think the auto Accident law firm was your fault other factors may be responsible for it. New York, for example is a state in which there has a comparative negligence system. This means that your damages are diminished by the proportion of your fault.
The insurance company will assign an adjuster to your case. It is recommended to bring your lawyer with you when you meet with the adjuster. They can offer a neutral perspective and help you to negotiate a fair settlement. If you're not able to find a solution that is satisfactory, you may need be in court to get the money that you are entitled to.
Inspecting Damages
They will want to visit the accident scene to see for themselves. They will probably interview you and any other participants in the accident, speak to eyewitnesses and look at your vehicles. They will also look over your medical records, expenses and lost wages to provide an accurate picture of how the accident affected you.
While you wait for the police to arrive, snap pictures using your mobile phone. This will allow you to document the skid marks and damage on both vehicles, as well as the location of the cars.
In this instance you should exchange insurance and contact information with other drivers involved in your accident, if safe to do so. Jot down each person's name and address, as well as their phone number and the insurance company's policy numbers, and driver's license information. Note the car's make, year and license plate.
In the heat of the situation, it might be tempting to blame the other driver. However, this can backfire. Angerful remarks could be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the incident. It is also recommended to collect the names and phone numbers of eyewitnesses who witnessed the collision, if possible.
Negotiating the Settlement
Negotiating the settlement of a car accident claim can be difficult and a bit frustrating, especially when you're dealing with costs for medical expenses and lost wages. Hiring an experienced attorney to conduct all negotiations on behalf of you with the insurance company could accelerate the process. An attorney will have a better knowledge of the law, how to calculate the total amount of your losses and auto Accident Law firm damages and what to expect from an insurance company in settlement negotiations.
The first step in the settlement process is writing an offer letter that contains your demand for the amount you require to cover your injuries and expenses. Your lawyer can help you create this list and include any other documents that support your request. If you submitted photos of your vehicle or injuries that were especially severe to the insurance adjuster, your lawyer will make mention of them during negotiations. Your lawyer will also remind the adjuster about the damages you suffered due to pain and suffering. These are based on emotional distress and mental pain you've suffered as a result of the accident.
Insurance companies will treat your claim more seriously if you hire an attorney to negotiate a settlement on behalf of you. They may also offer a better settlement. Your lawyer will pursue a lawsuit if an insurance company does not agree to a fair settlement.
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