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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you may be required to file a lawsuit against the other driver in small claims court. You should consider retaining an experienced lawyer for accidents prior to making this decision. The other party's insurance provider will examine your claim to determine liability for the collision and award compensation for your injuries, car damage, and losses such as pain and suffering. The process usually includes the following steps: Gathering Information If you are able to do so at the site of the crash, while you are still in a safe place to do so, take pictures of all the vehicles involved in the accident including the damage as well as any injuries incurred. Taking these photographs could help to prove that the accident was as you described it. Additionally, take photographs of the scene including any skid marks or other debris that may be present. If you can, it's important to get the names, addresses, and telephone numbers from eyewitnesses. They could be later able to provide evidence about the circumstances surrounding the incident and who was responsible. In some instances eyewitness testimony could be the most valuable evidence in a case. Note down the insurance details of everyone involved in the crash. You'll require the insurance company's name as well as policy number and contact information, along with the driver's name and license plate number. This information should be gathered immediately to avoid confusion or disputes later on. Documentation of medical expenses and treatments can be extremely valuable for an insurance claim. Keep receipts for prescription medicines and other expenses that were incurred due to the accident. auto accident lawyer lawrence could help support the damages you claim. If you're unable to work due to an injury, you must keep track of any lost wages. Filing the Claim It is recommended that you submit a claim as fast after the incident as you can if you can. This gives the insurer the chance to look over all your documents and begin work. It will also ensure that your claim is in compliance with the deadlines stipulated by New York law. When filing an insurance claim on your car you'll need to provide details about the accident, as well as any injuries you suffered due to it. The information you provide will be used to calculate damages, such as compensation for medical expenses, loss of wages, damage to property and discomfort and pain. The insurance company will need to determine fault, in the event of a need. The final police report can be useful for this. However it is important to remember that determining fault isn't always easy. Even if you believe that the crash was your fault in some circumstances, other factors could have contributed. New York, for example is a state which has a relative negligence system, which means the amount of damages you incur is reduced by the proportion of your fault. The insurance company will assign an adjuster for cases. It's best to bring your lawyer along during your conversation with the adjuster. They can provide an impartial perspective and assist you negotiate an acceptable settlement. If you're not able to find a solution that is satisfactory, you may need to go to court in order to get the money that you are entitled to. Inspecting for Damages They will want to go to the scene of the accident to witness what they can. They may interview you and any other participants in the accident, talk with witnesses and inspect your vehicles. They will also review your medical records, expense reports, and lost wages in order to have a better understanding of the impact that the accident had on you. While you wait for police to arrive Try taking pictures using your mobile phone. This will allow you to record the damage and skid marks on both vehicles, as well as the location of the vehicles. In this instance, you should exchange insurance and contact information with the other drivers involved in the accident, if safe to do so. Note down the name of each person and address, as well as their phone number and the insurance company's policy numbers, and driver's license information. Also note the vehicle's make year, year and license plate number. It may be tempting to blame another driver in the midst of a crisis however, this could backfire. Angry remarks can be used against you in court Be calm and do not admit to any guilt or fault at the scene of the incident. If possible, it's a good idea to keep the names and contact numbers of any eyewitnesses that witnessed the collision. Negotiating the Settlement Settlement negotiations for an auto accident can be stressful, especially when you must deal with medical bills and lost income. Engaging an experienced lawyer to conduct all negotiations on behalf of you with the insurance provider can expedite the process. An lawyer will better understand the law, calculate your total damages, and know what to anticipate during settlement negotiations with an insurance company. The first step in the settlement process is to draft an offer letter that contains your request for the amount you need to pay for your injuries and expenses. Your attorney can help you gather this information and also include any other documents to support your request. For instance, if for example you sent the insurance adjuster photos of your car and injuries that were particularly serious and significant, your lawyer will highlight those during negotiations. Your attorney will remind the adjuster of your pain and suffering damages. These are based on the emotional stress and mental agony you've experienced because of the accident. If you engage a lawyer to negotiate the settlement on behalf of you, insurance companies treat claims much more seriously and generally offer higher settlements. Your lawyer can start a lawsuit if the insurance company does not agree to a fair settlement.