Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance, you might have to sue the other driver in a small claims court Before you do this you should speak with an experienced attorney for accidents The other party's insurer will investigate your claim and determine liability for the collision They will then award compensation for your injuries and car damage as well as for expenses such as pain and suffering The process typically includes the following steps Gathering Information Take photos of the vehicles involved in the accident Include any injuries or damages These photos can help to prove that the crash occurred as you've described Additionally, take photographs of the scene including any skid marks or other debris that may be present If https//vimeocom/706733267 can, it's essential to get the names, addresses and telephone numbers from eyewitnesses They could be later able to testify on what transpired and who is responsible In some cases eyewitness testimony is the most reliable evidence in a lawsuit Note down the insurance details of all parties involved You will require the insurance company's name, policy number and contact details, as well as the driver's name and license plate number If you get this information as early as possible could prevent confusion or disputes later on Documentation of medical expenses and treatments can be helpful to a claim as well Keeping receipts for prescription pain medications and other expenses that result from the crash could be helpful in proving the damages outlined in the claim Also, if you are not able to work due to your injuries, it is crucial to keep an eye on your lost wages Filing the Claim If you're able to do so you should file your claim as soon as you can after the accident This gives the insurance company an opportunity to review all of your documents and then get to work It will also ensure that your claim meets the deadlines stipulated by New York law When filing a car insurance claim, you'll need to provide details of the incident and any injuries that you sustained as a result This information is used to calculate damages, which includes compensation for medical expenses, lost wages, property damage, and pain and discomfort The insurance company may also be required to determine the source of fault, when necessary The final police report could be useful for this It is essential to remember that determining the cause of the crash isn't always a simple task In some instances, even if you think the accident was your fault other factors may be responsible for it New York, for example is a state in which there has a comparative negligence system, which means that your damages are reduced by the percentage of your fault The insurance company will assign an adjuster for cases It is important to have your attorney with you when you speak to the adjuster They'll give you an objective perspective and help you negotiate an acceptable settlement If you are unable to reach an acceptable settlement, it may be necessary to go to court to receive the compensation you're entitled to Inspecting Damages The insurance company will visit the scene of the accident to see the accident for themselves They'll likely speak with you and the other parties involved in the crash, speak to eyewitnesses, and look over your vehicle They will also examine your medical records, your expenses and lost wages to get a clear picture of how the accident has affected you While you wait for police to arrive Take pictures using your mobile phone This will allow you to document the skid marks and damage on both cars and also the exact location of the cars If it is safe, you can exchange insurance and contact information with the other drivers involved in the crash Note down the name, address, telephone number, insurance company's policy number, and driver's license information of each driver Note the make year, model and license plate In the midst of a circumstances, it could be tempting to point the finger at another driver However, this could backfire Keep your cool and don't acknowledge fault or guilt If possible, it's a good idea also to collect the names and contact numbers of any witnesses who witnessed the collision Negotiating the Settlement Negotiating the settlement of a car crash claim can be stressful and frustrating, especially if you're dealing with costs for medical expenses and lost wages Hiring an experienced lawyer to handle all negotiations on your behalf with the insurance company will accelerate the process An attorney will be able to better know the law, calculate the total amount of damages you have suffered and understand what to expect in settlement negotiations with an insurance company The first step in the settlement process is to draft a demand letter that includes your request for the amount you need to pay for your injuries and expenses Your lawyer can assist you create this list and include any other relevant documentation that supports your request For instance, if you have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly serious, your lawyer will mention those photos in negotiations Your lawyer will remind the adjuster of your pain and suffering damages These are based on emotional distress and mental agony you've suffered as a result of the accident If you employ an attorney to negotiate the settlement on behalf of you insurance companies will treat your claim with greater care and generally offer higher settlements The lawyer will bring a lawsuit if the insurance company refuses to offer a fair settlement