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Tips For Filing a Car Accident Claim In states that havent adopted nofault insurance you may have to sue the other driver in small claims court Before taking this step you should consult with an experienced attorney for accidents The insurance company for the other party will investigate your claim to determine the liability for the collision and award compensation for your injuries car damage and other losses including pain and suffering The process typically involves the following steps Gathering Information Take photographs of the cars involved in the collision Include any injuries and damages Photographs can be used to prove that the incident occurred as youve described In addition take pictures of the scene including any skid marks or other debris which are present It is also important to collect the names addresses and phone numbers of eyewitnesses if possible They might later be able to provide evidence about what transpired and who is responsible In certain instances eyewitness testimony may be the most valuable evidence in a case Make note of the insurance details of all those involved in the accident Youll need the insurance company name along with the policy number contact information as well as the drivers name and license plate number Getting this information as soon as you can will help avoid disputes or confusion later on Documentation of medical expenses and treatments can prove valuable in an insurance claim too Maintaining receipts for prescription painkillers and other expenses that result from the wreck could support the damages claimed in the claim Also if not able to work due to the injuries you sustained it is essential to keep track of your lost wages Filing the Claim Its best to submit a claim as fast after the accident as possible if you can This gives the insurance company an opportunity to review all of your documents and then get to work This will ensure that you are in compliance with the New York law deadlines for filing your claim In order to file an insurance claim for a car when filing a claim youll need details of the incident and any injuries that you sustained as a result This information is used to calculate damages including compensation for medical expenses loss of wages property damage as well as pain and discomfort If necessary the insurance company will have to determine who is the culprit The final police report can be helpful for this It is essential to keep in mind that determining the fault isnt always a simple task In some instances even if you think the accident was your fault other factors might have contributed to the crash New York for example is a state in which there has a comparative negligence system meaning your damages are reduced by the percentage of your fault The insurance company will assign an adjuster to your case You should have your lawyer with you when you talk to the adjuster They can provide a neutral perspective and help you negotiate a fair settlement If youre not able to come to a settlement that is acceptable you may have to take your case to court to get the money you are entitled to Inspecting Damages The insurance company will want to visit the scene of the accident to examine the scene for themselves Theyll likely interview you as well as other people involved in the collision talk to witnesses and inspect your vehicles They will also examine your medical records expenses and lost wages to provide an understanding of how the accident has affected you While you wait for the police to arrive snap pictures with your phone This will allow you to document the damage and skid marks on both cars as well as the exact location of the cars During this time you should share contact and insurance information with the other drivers involved in the accident if it is safe to do so Note down auto accident attorney yuma of everyone involved address phone number address and the insurance companys policy numbers and drivers license information Note the cars make year year and license plate number In the midst of a situation it might be tempting to blame another driver However this can backfire Be calm and dont admit to fault or guilt It is also a good idea to gather the names and contact numbers of witnesses to the accident if it is possible Negotiating the Settlement Negotiating the settlement of a car accident claim can be difficult and difficult particularly when youre faced with costs for medical expenses and lost wages Engaging an experienced lawyer to negotiate on behalf of you with the insurance provider can speed up the process An lawyer will have a better understanding of the law how to calculate your total loss and damages and what to expect from an insurance company during settlement negotiations The first step is to draft a letter of demand that contains the amount you require to pay for your medical expenses and other injuries Your lawyer can help you to compile this information and include any other relevant documentation that supports your request For instance if you provided the insurance adjuster with photos of your car and injuries that were especially strong and significant your lawyer will highlight these during negotiations Your attorney will also remind the adjuster about your pain and suffering damages These are based on emotional distress and mental agony you have endured as a result of the collision If you hire an attorney to negotiate a settlement on your behalf Insurance companies take claims much more seriously and generally offer higher settlements The lawyer will start a lawsuit if the insurance company does not agree to a fair settlement