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Tips For Filing a Car Accident Claim In states that havent adopted nofault insurance you may need to sue the other driver in a small claims court You should consider retaining an experienced lawyer for accidents prior to taking this step auto accident attorney medford of the other party will investigate your claim and determine the liability for the collision They will then award you compensation for your injuries and car damage as well as damages such as pain and suffering The process typically includes the following steps Gathering Information If you are able to do this at the scene of the accident while it is safe to do so take pictures of all the vehicles involved in the crash including the damage as well as any injuries that were sustained Taking these photographs could help to prove that the incident took place as youve described Take pictures of the scene of the accident and include any skidmarks or debris If possible it is crucial to collect the names addresses and telephone numbers from eyewitnesses They could be able testify later as to the circumstances of the accident and who was responsible In some cases eyewitness testimony could be the most important evidence in the case Note down the insurance details of everyone who were involved in the accident You will need to know the name of the insurance company along with the policy number and contact details along with the license plate number and drivers name It is important to get this information in the earliest time possible to avoid confusion or disputes later on Documentation of expenses and medical treatment can be helpful to any claim Keep receipts for prescription drugs as well as other expenses incurred due to the accident This can be used to support the damages you claim If youre unable to work due to an injury you must keep track of any lost wages Claim Form If you have the ability to file a claim its recommended to file your claim as soon as possible following the accident This gives the insurance company the chance to look over all your documents and then get to work This will ensure that you meet the New York law deadlines for filing your claim When you file an insurance claim for a car youll need to provide details about the accident and any injuries you suffered due to it This information is used to calculate damages This includes reimbursement for medical expenses lost wages damage to property and pain and discomfort The insurance company will need to determine fault when necessary It is beneficial to have the final police report available to assist in this It is crucial to keep in mind that determining fault isnt always a simple task In some cases even if you think the accident was your fault other factors may have contributed to the crash For example New York is a state that is a comparative fault one meaning that your damages will be diminished by the percentage of fault you have The insurance company will assign an adjuster to your case It is important to have your attorney present during your conversation with the adjuster Theyll give you an objective view and help you negotiate a fair settlement If youre unable come to a settlement that is satisfactory you may have to go to court to get the money you are entitled to Inspecting the damages They will want to go to the scene of the accident to witness the scene Theyll likely interview you and the other parties involved in the crash and speak with witnesses and examine your vehicles They will also examine your medical records your expenses and lost wages to provide clear information about how the accident has affected you While you wait for the police to arrive snap 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 cars In this period you should share contact and insurance information with other drivers in the accident if safe to do this Note down the name address telephone number insurance company policy number and drivers licence information for each person Also note the cars make year year and license plate number Its tempting to blame another driver in the midst of a crisis but this could be a backfire angry remarks could be used against you in court so keep your cool and dont admit any guilt or blame at the scene of the collision If possible its good idea to also collect the names and numbers of any eyewitnesses that witnessed the collision Negotiating the Settlement Settlement negotiations for a car accident can be stressful especially when you are faced with medical bills and loss of income Engaging an experienced lawyer to conduct all negotiations on behalf of you with the insurance company can make the process easier An attorney will have a better understanding of the law and the method of calculating your total damages and losses and what to expect from an insurance company in settlement negotiations The first step is writing 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 supporting documents to support the request For example if you provided the insurance adjuster with photos of your vehicle and injuries that were particularly serious the lawyer will refer to the photos during negotiations Additionally your lawyer will remind the adjuster of your suffering and damages that are based on the mental and emotional anxiety youve experienced as a result of the accident If you employ a lawyer to negotiate the settlement on your behalf insurance companies will treat your claim much more seriously and generally offer higher settlements If the insurance company refuses to provide a fair settlement your lawyer will make a claim and advocate for you in court