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Tips For Filing a Car Accident Claim In states with no-fault insurance you could be required to sue the driver in a small claims court. You should consider hiring an experienced accident lawyer before taking this step. The other party's insurance provider will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage, and other losses, including pain and suffering. The process usually involves the following steps. Gathering Information Take photographs of the cars involved in the collision. Include any injuries or damages. These photos can help to prove that the incident occurred as you've described. Additionally, take photographs of the accident scene itself, including any skid marks or debris that may be present. If possible, it is important to get the names, addresses and phone numbers of eyewitnesses. They may be able to be later called in to testify about how the accident occurred and who was responsible. In some cases eyewitness testimony could be the most valuable piece of evidence in a case. Note down the insurance information of all parties involved. You'll require the name of the insurance company along with the policy number, contact information, as well as the driver's name and license plate number. This information should be obtained as soon as you can to avoid any doubts or disputes later. Documentation of medical bills and treatment can also be very valuable in a claim. Maintaining receipts for prescription pain medication and other expenses that result from the accident could help support claims for damages in the claim. If you are unable work due to injury, you must keep track of any lost wages. Filing the Claim It is recommended that you file a claim as soon after the incident as you can when you are able to. This allows the insurance company to review your claim and get started. It also ensures that your claim is in compliance with the deadlines set by New York law. You'll need to provide specifics about the accident including any injuries that you suffered. The information you provide will be used to calculate your damages which could include reimbursement for medical bills, lost wages property damage, as well as the pain and suffering. If it is necessary, the insurance company will have to determine who is responsible. It is helpful to have the final police report for this purpose. It is essential to remember that determining fault isn't always a simple task. Even if you believe that the crash was your fault in some cases, other factors could have contributed. For instance, New York is a state with a comparative fault which means that your damages will be reduced based on your percentage of fault. The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along as you talk to the adjuster. They'll provide an objective view and help you negotiate an acceptable settlement. If you're unable to come to a settlement that is acceptable, you might have be in court to get the money you deserve. Examining the damage They'll want to visit the scene of the accident to witness the scene for themselves. They'll probably question you and the other people involved in the accident, talk to eyewitnesses and look at your vehicles. They will also review your medical records, expenses and lost wages to get clear information about how the accident has affected you. While you are waiting for the police, take pictures using your mobile phone. This will help you document skid marks, locations of both vehicles and the extent of damage, and the presence of any obstructions. If it's safe you can exchange contact and insurance information with other drivers involved in the crash. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information of each driver. Also note the car's model year, year, and license plate number. In auto accident lawyer st charles of the circumstances, it could be tempting to point the finger at another driver. However, this can backfire. Angry remarks can be used against you in court, so keep your cool and don't admit any fault or guilt at the scene of the collision. It is also an excellent idea to collect the names and telephone numbers of witnesses to the accident, if they are able to. Negotiating the Settlement The process of negotiating the settlement of a car accident claim can be stressful and stressful, especially if you're dealing with medical bills and lost wages. Hiring an experienced lawyer to handle all negotiations on behalf of you with the insurance provider can accelerate the process. An attorney will have a greater knowledge of the law and the best way to calculate the total amount of your losses and damages, and what to expect from an insurance company during settlement negotiations. The first step is to compose your letter of demand which includes the amount you need to pay for your medical expenses and other injuries. Your lawyer can help you in compiling this information, and include any supporting documents to support your demand. For example, if you have provided the insurance adjuster with photographs of your vehicle and injuries that were especially strong, your lawyer will mention the photos during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages which are based on the emotional distress and mental anguish you have suffered because of the accident. Insurance companies will consider your claim more seriously if you hire an attorney to negotiate the settlement on behalf of you. They will also offer a better settlement. The lawyer will file a suit if the insurance company refuses to offer a fair settlement.