A Look At The Good And Bad About Auto Accident Settlement
Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you might need to sue the other driver in a small claims court. Before taking this action you should speak with an experienced accident lawyer.
The insurance company for the other party will examine your claim to determine liability for the collision and compensate you for your injuries, car damage and other losses like pain and suffering. The process typically includes the following steps:
Gathering Information
Take photographs of the cars involved in the Auto Accident Law Firm. Include any injuries and damages. These photographs will establish that the incident occurred in the manner you described. Take pictures of the accident site, including any skidmarks or debris.
If possible, it's important to get the names, addresses and phone numbers of eyewitnesses. They might be able to provide evidence later on as to how the accident occurred and who was at fault. In some cases eyewitness testimony is the most valuable evidence in a lawsuit.
Note down the insurance details of all parties involved. You'll need to know the name of the insurance company along with the policy number and lawsuits the contact information along with the license plate number and driver's name. Getting this information as soon as possible can avoid disputes or confusion later on.
Documentation of medical expenses and treatments could be extremely helpful for the purpose of submitting a claim. Keep receipts of prescription medication and other expenses that were resulted from the accident. This can be used to support the damages you claim. If you are unable work due to an injury, you should keep an eye on any lost wages.
Claim Form
It's best to submit a claim as fast following the accident as in the event that you are able. This gives the insurance company the chance to review all of your documents and then get to work. It will also ensure that your claim will be processed within the deadlines stipulated by New York law.
You'll need to provide specifics regarding the incident including any injuries you sustained. The information you provide will be used to calculate your damages which may include compensation for medical bills, lost wages property damage, as well as the pain and suffering.
The insurance company will also have to determine the fault, should it be necessary. The final police report could be helpful for this. However it is important to keep in mind that determining fault is not always easy. In some instances, even if you think the crash was your fault, other factors could have contributed to it. For example, New York is a state of comparative fault which means that your damages will be reduced by your percentage of fault.
The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along during your conversation with the adjuster. They'll be able to offer an objective viewpoint and assist you negotiate an acceptable settlement. If you are unable to reach an acceptable settlement, it could be necessary to go to court to receive the compensation you're entitled to.
Examining the Damages
They'll like to visit the scene of the accident to witness for themselves. They'll likely interview you and the other parties involved in the accident as well as interview witnesses and inspect your vehicle. They will also review your medical records, your expenses, and lost wages in order to obtain a more precise picture of the impact of the crash on you.
While you wait for the police to arrive, snap photos with your mobile phone. This will allow you to record skid marks, the locations of both cars and their severity of damage, and the presence of any obstructions.
If it's safe, you can exchange insurance and contact information with the other drivers involved in the crash. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information of each person. Also note the vehicle's make, Auto Accident Law Firm year and license plate number.
It's tempting to blame another driver in the heat of the moment but this could end up backfiring. Keep your cool and avoid admitting fault or guilt. It's also recommended to collect the names and contact numbers of witnesses to the collision, if possible.
Negotiating the Settlement
Negotiating a settlement for an accident in the car can be stressful, especially when you must deal with medical bills and loss of income. Fortunately you can get the process speeded up by hiring a skilled lawyer to negotiate with the insurance company on your behalf. An lawyer will have a better 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 is to compose an official letter of demand that includes the amount you require to cover your costs and injuries. Your lawyer can help you in compiling this information, and include any documents to support the request. If you sent photos of your vehicle or injuries that were particularly serious to the insurance adjuster, your lawyer would mention them during negotiations. Your attorney will remind the adjuster of your pain and suffering damages. These are based on emotional distress and mental pain you've endured as a result of the collision.
If you engage an attorney to negotiate a settlement on your behalf, insurance companies treat claims much more seriously and generally offer higher settlements. If the insurance company refuses to offer an acceptable settlement, your lawyer will bring a lawsuit and represent you in court.
