Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you might need to sue the other driver in a small claims court Before taking this step it is recommended to consult an experienced accident attorney The insurer of the other party will examine your claim and determine the liability for the collision They will then award you compensation for your injuries and car damage, and also for expenses such as pain and suffering The process usually involves the following steps Gathering Information If you're able to do so at the scene of the accident while it is safe and secure, take photographs of all vehicles involved in the crash including the damage and any injuries incurred The photos you take can help to prove that the incident took place as you've described Take pictures of the scene of the accident, and include any skidmarks, debris or skid marks It is also important to obtain the names, addresses, and telephone numbers of eyewitnesses, if possible They may be able to be later called in to testify about the cause of the accident as well as who was responsible In certain instances, eyewitness testimony can be the most valuable evidence in the case Note down the insurance information of all the parties involved You'll need the name of the insurance company and the policy number and contact details as well as the license plate number and driver's name If you get this information as early as you can could avoid any confusion or disputes later Documentation of medical expenses and treatment is also very useful in the purpose of submitting a claim Keeping receipts for prescription pain medications and other expenses related to the wreck could support the damages outlined in the claim If you are unable to work due to injury, you should keep the record of any wages lost Claim Form It is best to make a claim as soon after the accident as possible when you are able to This allows the insurer to review your claim and begin work It will also ensure that your claim meets the deadlines stipulated by New York law If you are filing an insurance claim on your car when filing a claim, you'll need details about the accident as well as any injuries you suffered as a result This information is used to calculate damages This includes compensation for medical expenses, lost wages, property damage, and discomfort and pain The insurance company may also have to determine the fault, if necessary It is helpful to have the final police report for this purpose It is important to keep in mind that determining the cause of the crash isn't always a simple task In some cases even if you believe the crash was your fault other factors could have contributed to it 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 It's best to have your lawyer with you during your conversation with the adjuster They can provide a neutral perspective and help you to negotiate an acceptable settlement If you are unable to agree on a settlement that's acceptable, you may have to take your case to court to get the money you are entitled to Inspecting the damages The insurance company will need to visit the scene of the accident to see it for themselves They'll likely question you as well as any other participants who were involved in the collision as well as interview witnesses and inspect your vehicle https//vimeocom/706788624 will also examine your medical records, your expenses and lost wages to provide an accurate picture of how the accident affected you While you wait for the police, take photographs with your mobile phone This will help document skid marks, locations of both cars, the degree of damage, as well as the presence of any obstructions If you are sure, you can exchange contact and insurance information with the other drivers involved in the crash Jot down each person's name address, phone number, address and insurance company, policy numbers and driver's license information Also note the vehicle make, year and license plate number It's tempting to point fingers at another driver in the heat of the moment but this could be a backfire Keep your cool and don't admit fault or guilt If possible, it's good idea to gather the names and numbers of witnesses who witnessed the collision Negotiating the Settlement Negotiating the settlement of a car accident claim can be difficult and stressful, especially when you're faced with costs for medical expenses and lost wages Fortunately it is possible to speeded by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf An lawyer will have a better understanding of the law, how to calculate your total losses and damages, and what to expect from an insurance company in settlement negotiations The first step is to compose a letter of demand that includes the amount you require to pay for your medical expenses and other injuries Your lawyer can assist you create this list and include any other relevant documents to support your request For example, if you provided the insurance adjuster with photos of your vehicle and injuries that were especially strong and significant, your lawyer will highlight those during negotiations Your lawyer will also remind the adjuster about the damages you suffered due to pain and suffering These are based on the emotional stress and mental pain you've suffered as a result of the accident If you hire an attorney to negotiate a settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements If the insurance company refuses to provide an equitable settlement, your lawyer will start a lawsuit and represent you in court