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Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance, you might be required to file a lawsuit against the other driver in small claims court. You should consider retaining an experienced lawyer in the field prior to taking this step. auto accident law firm west palm beach of the other party will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries as well as car damage, as well as expenses such as pain and suffering. The process typically involves the following steps. Gathering Information If you're able to do it at the scene of the accident while you are still in a safe place and secure, take photographs of all the vehicles involved in the accident including the damage and any injuries that were sustained. The photos you take can help to prove that the accident occurred as you have described. Photograph the scene of the accident, including any skidmarks or debris. It is also crucial to collect the names, addresses, and telephone numbers of witnesses, if possible. They might be able to testify later as to the cause of the accident as well as who was at fault. In some cases eyewitness testimony may be the most important evidence in the case. Note down the insurance information of all the parties involved. You'll need to know the name of the insurance company as well as 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 will help avoid confusion or disputes later on. Documentation of medical expenses and treatments can also be very valuable to support claims. Keeping receipts for prescription pain medication and other expenses incurred as a result of the crash could be helpful in proving the damages claimed in the claim. If you are in a position of being unable to work because of injuries, it's essential to keep records of the wages you lost. Filing the Claim If you have the ability to do so it is recommended to start your claim as soon as you can following the accident. This gives the insurance company the opportunity to review all of your documents and get to work. It also ensures that your claim will be processed within the deadlines set by New York law. In order to file an insurance claim on your car, you'll need to provide details of the incident and any injuries you suffered due to it. This information will be used to calculate your damages, which could include compensation for medical bills, lost wages, property damage, as well as suffering and pain. If needed, the insurance company needs to determine who is at fault. The final police report could be useful for this. It is essential to remember that determining the fault is not always an easy task. Even if you believe the crash was your fault in some cases, other factors could have contributed. 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 a good idea bring your lawyer along during your conversation with the adjuster. They can offer an impartial perspective and assist you to negotiate a fair settlement. If you cannot reach a satisfactory settlement, it could be necessary to go to court to get the amount you're due. Inspecting Damages The insurance company will need to visit the scene of the accident to see it for themselves. They may interview you as well as other people involved in the crash, talk to witnesses and inspect your vehicles. They will also look over your medical records, your expenses and lost wages to provide a clear picture of how the accident affected you. While you wait for police to arrive at the scene, try to take pictures with your cell phone. This will help document skid marks as well as the location of both cars and their extent of damage, and the presence of any obstructions. In this instance, you should make sure to exchange contact information and insurance details with the other drivers involved in the accident, if it is safe to do this. Note down the name, address, telephone number, insurance company, policy number, and driver's license information of each person. Also note the car's model the year, make and license plate number. It may be tempting to point fingers at another driver in the heat of the moment but this could end up backfiring. Angry remarks can be used against you in court and you should be calm and avoid admitting any guilt or blame at the scene of the collision. If you can, it's a good idea to gather the names and telephone numbers of anyone who witnessed the collision. Negotiating the Settlement The process of negotiating a settlement after an accident in the car can be stressful, particularly when you have to pay medical bills and lost income. Engaging an experienced lawyer to conduct all negotiations on your behalf with the insurance company can accelerate the process. An lawyer will better comprehend the law, estimate the total amount of damages you have suffered and also know what to expect during settlement negotiations from an insurance company. The first step in the settlement process is to prepare your demand letter, which includes your demand for the amount you need to cover your injuries and expenses. Your lawyer can assist you in compiling this information and also include any other relevant documents that support your request. If you submitted photos of your car or injuries that were particularly serious to the insurance adjuster, your lawyer will mention them during negotiations. In addition, your attorney will remind the adjuster of your pain and suffering damages that are based on the mental and emotional anguish you have suffered because of the accident. Insurance companies will treat your claim more seriously if you employ an attorney to negotiate the settlement on behalf of you. They may also give you a higher settlement. The lawyer will pursue a lawsuit if an insurance company refuses a fair settlement.