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Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance policies, you may have to sue the other driver in small claims court. Before you take this action you should talk to an experienced accident attorney. The insurance company of the other side will examine your claim to determine the liability for the collision and compensate you for your injuries, car damage, and losses such as pain and suffering. The process usually includes the following steps: Gathering Information If you're able 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 may have occurred. These photos can help to prove that the incident was as you described it. Additionally, take photographs of the accident scene itself and any skid marks or other debris that may be present. It is also important to collect the names, addresses, and telephone numbers of eyewitnesses, if possible. They might later be able to testify about what transpired and who was responsible. In certain instances eyewitness testimony may be the most valuable piece of evidence in the case. Note down the insurance details of all parties involved. You'll need to know the name of the insurance company, the policy number, and contact details along with the license plate number and driver's name. This information should be obtained in the earliest time possible to avoid confusion or disputes later. Documentation of medical bills and treatment is also very useful in a claim. Keep receipts for prescription medicines and other expenses incurred due to the accident. This can help in proving the damages you claim. If you are unable to work due to injuries, it's important to keep track of your lost wages. Filing the Claim It is best to submit a claim as fast after the accident as soon in the event that you are able. This gives the insurance company the chance to review all of your documents and begin work. It also ensures that your claim meets the deadlines set by New York law. You'll need to provide details about the accident and any injuries you suffered. This information is used to calculate damages, such as compensation for medical expenses, loss of wages, property damage, and discomfort and pain. The insurance company may also have to determine the fault, when necessary. It is beneficial to have the final police report for this purpose. It is essential to keep in mind that determining the fault isn't always an easy task. In some instances even if you believe the accident was your fault other factors may have contributed to it. For example, New York is a comparative fault state meaning that your damages will be reduced based on your percentage of fault. The insurance company will assign an adjuster to your case. auto accident attorneys palm coast 's a good idea have your lawyer with you when you speak to the adjuster. They'll be able to offer an objective view and help you negotiate a fair settlement. If you cannot reach a satisfactory settlement, it may be necessary to go to trial to get the amount you deserve. Examining the damages The insurance company may want to visit the scene of the accident to see it for themselves. They'll likely question you and the other parties involved in the accident and speak with witnesses, and inspect your vehicle. They will also look over your medical records, expenses and lost wages to get a clear picture of how the accident has affected you. While you are waiting for the police to arrive, snap pictures using your mobile phone. This will help document skid marks, the location of both vehicles, their extent 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 accident. Jot down each person's name, address, telephone number and insurance company, policy numbers and driver's license information. Also note the car's make, year and license plate number. In the heat of the circumstances, it could be tempting to blame the other driver. However, this could backfire. Angerful remarks can be used against you in court, so keep your cool and do not admit to any fault or guilt at the scene of the incident. If possible, it's good idea to also collect the names and contact numbers of any witnesses who witnessed the collision. Negotiating the Settlement Negotiating a settlement for an auto accident can be stressful, particularly when you are faced with medical bills and lost income. Fortunately, the process can be speeded by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf. An attorney will have a better understanding of the law and how to calculate your total losses and damages, and what to expect from an insurance company during settlement negotiations. The first step is writing a demand letter that contains the amount you require to cover your expenses and injuries. Your lawyer can assist you in assembling this information and include any supporting documents that support your request. If you have sent pictures of your vehicle or injuries that were especially severe to the insurance adjuster, your lawyer would make mention of them during negotiations. Your attorney will also remind the adjuster about your pain and suffering damages. These are based on emotional distress and mental agony that you've suffered due to the accident. If you employ a lawyer to negotiate the settlement on behalf of you Insurance companies take claims much more seriously and generally offer higher settlements. Your lawyer will file a suit if the insurance company refuses to pay a fair settlement.