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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. Before taking this action it is recommended to consult an experienced accident lawyer. The other party's insurance provider will investigate your claim to determine the liability for the collision and pay compensation for your injuries, car damage and other losses, including pain and suffering. The process usually consists of the following steps. Gathering Information Take photographs of the cars involved in the accident. Include any injuries or damage. These photos can help to prove that the crash occurred as you've described. Take pictures of the scene of the accident, and include any skidmarks or other debris. It is also essential to obtain the names, addresses and phone numbers of witnesses, if possible. They may be able later to testify about the circumstances surrounding the incident and who was at fault. In certain instances, eyewitness testimony can be the most valuable evidence in the case. Note down the insurance information of all parties involved. You'll need the name of the insurance company along with the policy number and contact details along with the license plate number and driver's name. If you get this information as early as possible can avoid conflicts or confusion later. Documentation of medical expenses and treatments can prove valuable in an insurance claim too. Keep receipts of prescription medication as well as other expenses incurred due to the accident. This could be helpful in proving the damages you claim. If you're unable to work because of an injury, you must keep an eye on any lost wages. Filing the Claim It is recommended that you start a claim as quickly after the accident as soon in the event that you are able. This allows the insurer to examine your documents and begin work. This ensures that you're in compliance with the New York law deadlines for filing your claim. You'll have to provide information regarding the incident including any injuries that you suffered. The information you provide will be used to calculate damages, which includes the amount of compensation for medical expenses, loss of wages, property damage as well as pain and discomfort. The insurance company will need to determine fault, when necessary. It is helpful to have the final police report available to aid in this process. It is crucial to remember that determining fault isn't always a simple task. In some instances even if you believe the accident was your fault, other factors might be responsible for it. For instance, New York is a comparative fault state meaning that your damages will be diminished by the percentage of fault you have. The insurance company will assign an adjuster to your case. It's a good idea to bring your lawyer along during your conversation with the adjuster. They'll give you an objective view and help you negotiate an equitable settlement. If you're unable find a solution that is acceptable, you may have to go to court in order to obtain the compensation you are entitled to. Inspecting Damages They'll want to go to the scene of the accident to see the scene for themselves. They may interview you and the other people involved in the collision, talk to witnesses, and examine your vehicles. They will also go through your medical records, your expenses and lost wages to get a clear picture of how the accident has affected you. While you wait for the police to arrive at the scene You can take photos with your cell phone. This will allow you to record skid marks, the locations of both cars and their extent of damage, and the presence of any obstructions. If it's safe, you can exchange contact and insurance information with the other drivers involved in the crash. Note down each person's name, address, telephone number and insurance company, policies numbers, and driver's license information. Note the car's make year, make and license plate number. auto accident attorneys newark may be tempting to point fingers at another driver in the midst of a crisis, but this can backfire. angry remarks can be used against you in court So, keep your cool and don't admit any guilt or blame at the scene of the collision. If you are able, it's a good idea to gather the names and phone numbers of any eyewitnesses that witnessed the collision. Negotiating the Settlement Negotiating the settlement of a car crash claim can be stressful and frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Fortunately, the process can be speeded up by hiring a skilled lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will have a greater knowledge of the law and the best way to calculate the total amount of your losses and damages and what you can expect from an insurance company in settlement negotiations. The first step in the settlement process is to draft an official demand letter that outlines your request for the amount you need to pay for your injuries and expenses. Your lawyer can assist you in compiling this information and also include any other relevant documentation that supports the request. If you submitted photos of your vehicle or any injuries that were particularly serious to the insurance adjuster, your lawyer would include them in negotiations. Your lawyer will remind the adjuster of your damages for pain and suffering. These are based on the emotional stress and mental agony that you've suffered due to the accident. Insurance companies will treat your claim more seriously if you employ an attorney to negotiate the settlement on behalf of you. They will also offer a higher settlement. If the insurance company refuses to offer an equitable settlement, your lawyer will file a lawsuit and represent you in court.