Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you could need to sue the other driver in small claims court. Before you do this you should talk to an experienced accident lawyer.
The insurance company of the other party will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage and losses such as pain and suffering. The process usually involves the following steps.
Gathering Information
If you are able to do this at the scene of the accident while it is safe you should take photos of all the vehicles involved in the accident including the damage and any injuries that were sustained. The photos you take can help to prove that the accident took place as you've described. Also, take pictures of the accident scene itself, including any skid marks or debris that are visible.
It is also essential to obtain the names, addresses and telephone numbers of witnesses, if possible. They might be able later to testify as to the circumstances surrounding the incident and who is responsible. In some cases eyewitness testimony is the most important evidence in the course of a lawsuit.
Note down the insurance details of everyone involved in the accident. You'll need the name of the insurance company as well as the policy number and contact details along with the license plate number and driver's name. This information should be obtained in the earliest time possible to avoid doubts or disputes later.
Documentation of medical treatment and expenses can be useful to a claim as well. In keeping receipts for prescription painkillers and other expenses caused by the accident could help support the damages claimed in the claim. Also, if not able to work due to your injuries, it is vital that you keep records of the wages you lost.
Filing the Claim
It's best to make a claim as soon after the incident as you can in the event that you are able. This allows the insurer to examine your documents and begin working. It will also ensure that your claim meets the deadlines set by New York law.
You'll need to give details about the accident and any injuries you sustained. The information you provide will be used to calculate damages. This includes compensation for medical expenses loss of wages, property damage as well as discomfort and pain.
If required the insurance company must to determine who is responsible. It is helpful to have the final police report available to assist in this. However it is essential to keep in mind that determining fault isn't always straightforward. Even if you believe that the crash was your fault in certain cases, other factors could have contributed. New York, for example is a state which has a comparative negligence system. This means that the amount of damages you incur is reduced by the percentage of your fault.
The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along while you speak with the adjuster. They'll be able to provide an objective viewpoint and assist you negotiate a fair settlement. If you're unable to negotiate an acceptable settlement, it could be necessary to go to trial to get the amount you're entitled to.
Inspecting the Damages
The insurance company will visit the scene of the accident to examine the scene for themselves. They'll likely speak with you and other people involved in a crash, speak to eyewitnesses, and examine your vehicle. They will also review your medical records, expenses, and lost wages to gain a better understanding of the accident's impact on you.
While you wait for police to arrive at the scene Take pictures with your cell phone. This will allow you to document the damage and skid marks on both cars and the exact location of the vehicles.
In this period you should exchange insurance and contact information with other drivers in the accident, if safe to do this. Note down the name of each person address, phone number, address and the insurance company's policy numbers and driver's license information. Also note the car's make year, year, and license plate number.
It may be tempting to blame another driver in the midst of a crisis but this could end up backfiring. Be calm and don't admit to fault or guilt. It's also a good idea to gather the names and phone numbers of eyewitnesses who witnessed the collision, if possible.
Negotiating the Settlement
The process of negotiating the settlement of a car crash claim can be a stressful and frustrating, especially when you're facing costs for medical expenses and lost wages. Fortunately, the process can be speeded by hiring an experienced lawyer to handle all negotiations with the insurance company on your behalf. An attorney will have a greater understanding of the law, how to calculate the total amount of your losses and damages, and what to expect from an insurance company in settlement negotiations.
The first step in the settlement process is to write an offer letter that contains your request for the amount that you need to cover your injuries and expenses. Your attorney can help in assembling this information and include any relevant documents to support the demand. For example, if you sent the insurance adjuster photos of your vehicle and injuries that were particularly strong your lawyer will make mention of those photos in negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. auto accident lawsuit rapid city are based on the emotional stress and mental agony that you've suffered due to the accident.
If you employ an attorney 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 acceptable settlement, your attorney will make a claim and fight for you in court.