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Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance, you could need to sue the other driver in a small claims court. Before taking this action you should talk to an experienced accident lawyer. The insurance company for the other party will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage and other losses, including pain and suffering. The process usually includes the following steps: Gathering Information If you're able do so at the site of the crash while it is safe, take pictures of all the vehicles involved in the accident including the damage as well as any injuries that were sustained. These photos will help verify that the accident occurred in the manner you described. Also, take pictures of the accident scene itself and any skid marks or debris that are visible. If possible, it is crucial to collect the names, addresses and telephone numbers from eyewitnesses. They could be later able to testify about what transpired and who was at fault. In certain instances, eyewitness testimony can be the most valuable piece of 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, the policy number, and the contact information along with the license plate number and driver's name. It is important to get this information as soon as possible to avoid issues or confusion later on. Documentation of expenses and medical treatment can be valuable to a claim as well. Keep receipts for prescription pain medication and other expenses incurred as a result of the wreck could support claims for damages in the claim. In addition, if you're in a position of being unable to work because of your injuries, it's important to keep track of your lost wages. Filing the Claim If you are able to file a claim you should make your claim as soon as possible following the accident. This gives the insurer the chance to look over all your paperwork and get to work. This ensures that you meet the New York law deadlines for filing your claim. When you file an insurance claim for your car when filing a claim, you'll need details about the accident, as well as any injuries that you sustained as a result. This information will be used to calculate your damages, which could include compensation for medical bills, lost wages property damage, and pain and suffering. If needed the insurance company must to determine who is at fault. It is beneficial to have the final police report to assist in this. It is essential to keep in mind that determining the cause of the crash isn't always an easy task. In some instances even if you believe the crash was your fault, other factors could have contributed to it. New York, for example is a state which has a comparative negligence system, meaning your damages are diminished by the proportion of your fault. The insurance company will assign a case adjuster. You should bring your attorney present during your conversation with the adjuster. They can provide an objective perspective and assist you negotiate a fair settlement. If you're unable to come to a settlement that is acceptable, you might have to take your case to court to get the money that you are entitled to. Inspecting Damages The insurance company will need to visit the scene of the crash to observe it for themselves. They will likely interview you and the other parties involved in a crash as well as interview witnesses and inspect your vehicle. They will also look over your medical records, expenses and lost wages to obtain a more precise picture of the impact of the crash on you. While you are waiting for the police to arrive, take pictures with your phone. This will help you document skid marks, the location of both vehicles, their degree of damage, as well as the presence of any obstructions. In this period you should exchange contact and insurance information with the other drivers involved in the accident, if it is safe to do so. Note down the names of everyone involved, address, telephone number and insurance company, policy numbers and driver's licence information. Note the car's make year, make and license plate. In auto accident attorney kenosha of a situation, it may be tempting to point the finger at another driver. However, this can backfire. Be calm and don't admit fault or guilt. If possible, it's good idea also to collect the names and telephone numbers of witnesses who witnessed the collision. Negotiating the Settlement The process of negotiating a settlement after a car accident can be stressful, especially when you are faced with expenses for medical treatment and lost income. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to manage all negotiations with the insurance company on your behalf. An attorney will have a greater knowledge 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 in the settlement process is writing an official demand letter that outlines your demand for the amount you require to cover your injuries and expenses. Your lawyer can assist you in compiling the information, and include any documents to support your demand. If you provided photos of your vehicle or any injuries which were particularly serious to the insurance adjuster, your lawyer will include them in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and damages, which are based on the emotional distress and mental anxiety you've experienced as a result of the accident. If you employ a lawyer to negotiate the settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements. If the insurance company refuses to offer a fair settlement, your lawyer will make a claim and advocate for you in court.