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Tips For Filing a Car Accident Claim In states that have not adopted nofault insurance you might be required to sue another driver in a small claims court Before taking this action you should consult with an experienced accident attorney The insurance company of the other party will examine your claim to determine the liability for the collision and compensate you for your injuries car damage and other losses including pain and suffering The process typically includes the following steps Gathering Information If youre able to do this at the scene of the collision while it is still safe and secure take photographs of all the vehicles involved in the accident including the damage as well as any injuries that were sustained These photos can be used to prove that the accident happened as you described Take pictures of the accident site including any skidmarks or debris It is also essential to get the names addresses and telephone numbers of witnesses if possible They might later be able to provide evidence about the circumstances surrounding the incident and who was at fault In certain cases eyewitness testimony is the most reliable evidence in the course of a lawsuit Take down the insurance information of all those who were involved in the accident Youll need the name of the insurance company and the policy number and contact details as well as the license plate number and drivers name This information should be gathered as soon as you can to avoid any issues or confusion later on Documentation of medical expenses and treatments could be extremely helpful to support claims Maintaining receipts for prescription pain medication and other expenses related to the accident could help support the damages that are claimed in the claim In addition if youre unable to work due to your injuries its crucial to keep records of the wages you lost Filing the Claim It is best to make a claim as soon after the accident as soon should you be able to This gives the insurance company an chance to look over all your documents and begin work It also ensures that your claim is in compliance with the deadlines stipulated by New York law Youll need to provide details about the accident including any injuries that you may have sustained The information you provide will be used to calculate the amount of damages youve suffered which could include compensation for medical bills lost wages property damage as well as the pain and suffering If required the insurance company must to determine who is the culprit The final police report may be helpful for this However it is essential to keep in mind that determining fault isnt always easy Even if you believe that the accident was your fault in a few instances other factors could have contributed For example New York is a state of comparative fault which means that your damages will be diminished by your percentage of fault The insurance company will assign an adjuster to your case Its a good idea to have your lawyer with you when you speak to the adjuster Theyll be able to provide an objective view and help you negotiate an acceptable settlement If youre unable to find a solution that is satisfactory you may have to take your case to court to get the money that you deserve Examining the Damages The insurance company will visit the scene of the crash to observe the scene for themselves Theyll probably question you and other parties involved in the collision talk with witnesses and inspect your vehicles They will also look over your medical records expense reports and lost wages in order to obtain a more precise picture of the accidents impact on you While you are waiting for the police to arrive take pictures using your mobile phone This will allow you to document the skid marks and damage on both vehicles as well as the exact location of the vehicles In this instance you should exchange contact and insurance information with 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 drivers license information Note auto accident lawsuit springdale make and license plate It may be tempting to blame another driver in the heat of the moment but this can backfire Angerful remarks can be used against you in court Be calm and avoid admitting any guilt or fault at the scene of the incident Its also an ideal idea to record the names and contact numbers of witnesses to the accident if they are able to Negotiating the Settlement Negotiating a settlement in the event of a car accident is difficult especially if you have to pay medical bills and income loss Fortunately the process can be speeded up by hiring a skilled lawyer to negotiate with the insurance company on your behalf An lawyer will better know the law calculate your total damages and understand what to expect in settlement negotiations with an insurance company 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 assist you in compiling this information and include any relevant documents that support your request If you sent photos of your vehicle or injuries that were particularly serious to the insurance adjuster your lawyer will mention them during negotiations Your attorney will remind the adjuster of the damages you suffered due to pain and suffering These are based on emotional distress and mental agony youve suffered due to the accident If you employ a lawyer to negotiate the settlement on behalf of you insurance companies will treat your claim more seriously and typically offer higher settlements If the insurance company refuses to provide an equitable settlement your lawyer will start a lawsuit and advocate for you in court