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In no-fault states your insurance company will pay for medical expenses and lost wages regardless of who is at fault for the incident. They'll also be looking to gather evidence and examine documents (photos witnesses' testimonies, photos medical records, witness testimony, and expense reports).
The amount of compensation you receive will depend on the severity of injuries and expenses. This article will walk you through the steps of filing an auto accident claim.
Report the Accident
If you're involved in a car accident, it's important to report the crash immediately. In many states, this will be done by the local police, county sheriffs, state police or Department of Motor Vehicles.
If you can, snap photos of the crash scene. You can use these photos to help you remember the accident and also to support your insurance claim. For instance, pictures can show skid marks, damage to vehicles, weather conditions and other important details.
You should also obtain the details of the other driver, such as their name and insurance company. If you can, also request a copy of their driver's licence and car registration.
It's also crucial to write down your own account of the accident, including what you saw and what happened. Remember, memory is unreliable and if you don't note what happened then you could be at fault for damages or injuries that are not evident later on. Additionally, if you don't report the accident and your insurance company is not aware of it, they may not cover any damages resulting from it. You can determine whether your policy requires a report of an accident by reviewing your policy or by contacting your agent.
Get Medical Attention
After a car crash you must seek medical treatment and be assessed to determine if there are any injuries. Making an appointment with a doctor as quickly as you can is a good way to avoid any further complications and also help you with your claim when it comes time to negotiate with the insurance company.
If you can, try to go to the emergency room at a hospital after an accident. Hospitals have access to top-notch surgeons, doctors and medical equipment. It can be difficult for insurance companies and defense attorneys to deny injuries sustained in hospitals.
Car accidents can result in injuries that range from minor bruising, up to severe internal injuries like paralysis or traumatic brain injury. Even if you don't feel any symptoms initially, such as discomfort or stiffness it is imperative to see a doctor. Medical records are critical evidence in proving your claim that you sustained injury-related injuries as a result of the crash.
Our Denver car accident lawyers will utilize these medical records in order to build strong arguments to prove that the at-fault driver's actions caused your injuries and you are entitled to fair compensation for your damages.
Take Photos
Photograph the accident scene as soon as you can, ideally before the police arrive. If you are able capture photos of the damages on each vehicle from different angles. If you can, take close-up photos of vehicles and other evidence (such broken glasses or airbags deployed). If you aren't able to take closeups of the vehicles, place an object such as a penny in the photo to give it a scale. You can also capture photos with or without flash to reveal the hidden details.
You should also take pictures of any injuries that you suffered during the accident. Cuts, bruises and scrapes will fade with time, so the pictures will be a great proof of your injuries later on. It is also a good idea to take pictures of other details that may be relevant to the incident (such as road signs, traffic signals weather conditions, road debris) since they can help paint a clearer picture of what happened.
Contact Your Insurance Company
Contacting your insurance provider is crucial, whether or not you intend to file a claim due to an auto accident. Your policy may require you do this, and even if it isn't, your attorney will require proof of your losses (like medical bills and repair expenses) to support your claims.
Luna says that you should collect all relevant information regarding the scene. This includes information regarding your vehicle as well as any other drivers involved. You should ask to see the insurance card of the other driver and make sure you have their name and address, phone number and information about their car insurance (company or policy numbers). If there are witnesses, collect their names and numbers.
The first thing you'll want to do after a car crash is to argue with insurance companies It is crucial to remain calm. Any statements you make while emotions are high could be used to your disadvantage in the future. This is why it's often best to hire an attorney take over negotiations. They can ensure that you don't mention something that could later be used against you.
Contact an attorney
A seasoned attorney can assist you in negotiations with the insurance company in order to get an equitable settlement. They will examine your medical bills and records and will frequently consult with a doctor to provide their opinion regarding the extent of your injuries. If you don't provide them with complete and accurate documentation, they will not provide you with a fair amount.
In addition to pursuing your economic losses, which include medical bills and lost wages, you could be entitled to non-economic damages for pain and suffering. If the other driver was found to have acted with a degree of gross carelessness or negligence the court could award additional compensation, known as punitive damages.
If the driver at fault fled the scene, you will have to report the incident to the police. You should also request an original crash report from the precinct or online. This is required to start a lawsuit or file a no-fault case. New York has very specific rules that govern auto accident lawsuit accidents and these rules are best explained by a knowledgeable attorney.
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