Tips For Filing a Car Accident Claim In states without no-fault insurance you could have to sue the driver at a small claims court It is recommended to hire an experienced lawyer for accidents prior to taking this step The insurance company of the other side will investigate 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 consists of the following steps Gathering Information If you are able to do this at the scene of the crash, while it is safe and secure, take photographs of all vehicles involved in the crash including the damage as well as any injuries incurred These photographs can help establish that the incident occurred in the manner you described Also, take pictures of the accident scene itself and any skid marks or debris which are present If possible, it's essential to get the names, addresses and telephone numbers of witnesses They could be later able to testify on what happened and who was accountable In some cases eyewitness testimony could be the most important evidence in a case Get the insurance information of everyone involved in the wreck You'll need to know the name of the insurance company and the policy number and the contact information along with the license plate number and driver's name This information should be obtained immediately to avoid any doubts or disputes later Documentation of medical expenses and treatment could be extremely helpful for a claim In keeping receipts for prescription pain medication and other expenses related to the wreck could support the damages outlined in the claim If you are unable work due to an injury you must keep track of any lost wages Claim Form If you're able to do so it is recommended to make your claim as soon as possible following the incident This will allow the insurer to review your documents and get started 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 your car you'll need to provide details about the accident as well as any injuries you suffered due to it The information you provide will be used to calculate damages, which includes the amount of compensation for medical expenses, lost wages, damage to property and pain and discomfort If it is necessary the insurance company needs to determine who is at fault It is helpful to have the final police report for this purpose It is important to keep in mind that determining fault isn't always an easy task In some cases even if you believe the accident was your fault other factors could have contributed to the crash New York, for example is a state which has a relative negligence system, which means your damages are reduced according to the percentage of your fault The insurance company will assign an adjuster to your case You should bring your lawyer present during your conversation with the adjuster They'll provide an objective view and help you negotiate a fair settlement If you are unable to reach an acceptable settlement, it might be necessary to go to trial to get the money you're due Examining the damage They will want to go to the scene of the accident to see the scene They'll probably question you and any other participants in the collision, talk with witnesses and inspect your vehicles https//vimeocom/706788624 will also scrutinize your medical records, expense reports, and lost wages to obtain a more precise picture of the effect that the accident had on you While you are waiting for the police to arrive, take photos with your mobile phone This will allow you to record the damage and skid marks on both vehicles as well as the location of the vehicles During this time it is recommended to exchange insurance and contact information with the other drivers involved in the accident, if safe to do so Note down the names of everyone involved, address, telephone number and the insurance company's policy numbers and driver's license information Note the make year, model and license plate In the heat of the situation, it can be tempting to blame another driver However, this could backfire angry remarks can be used against you in court Be calm and don't admit any fault or guilt at the scene of the collision If possible, it's good idea to also collect the names and telephone numbers of any witnesses who witnessed the collision Negotiating the Settlement Negotiating the settlement of a car crash claim can be stressful and difficult, particularly when you're dealing with the cost of medical bills and lost wages Fortunately, the process can be speeded up by hiring a skilled lawyer to handle all negotiations with the insurance company on your behalf An lawyer will better comprehend the law, calculate your total damages and understand what to expect during settlement negotiations from an insurance company The first step in the settlement process is to draft your demand letter, which includes your demand for the amount you need to pay for your injuries and expenses Your attorney can help in compiling the information, and also include any other relevant documentation that supports the demand If you sent photos of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer would mention them during negotiations Additionally, your lawyer will remind the adjuster of your pain and damages that are based on the emotional distress and mental anxiety you've endured as a result of the accident If you hire a lawyer to negotiate the settlement on your behalf insurance companies take claims with greater care and generally offer higher settlements The lawyer will pursue a lawsuit if an insurance company refuses a fair settlement