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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. You should consider hiring an experienced lawyer in the field prior to taking this step. The insurer of the other party will examine your claim and determine liability for the collision. They will then award compensation for your injuries and damage as well as for expenses 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 accident while it is safe to do so, take pictures of all the vehicles involved in the crash including the damage, as well as any injuries that were sustained. These photos can help to prove that the incident occurred as you have described. Also, take photos of the accident scene itself including any skid marks or debris which are present. It is also important to get the names, addresses and phone numbers of eyewitnesses, if possible. They may be able later to testify on the circumstances surrounding the incident and who was accountable. In certain cases, eyewitness testimony can be the most valuable evidence in a case. Note down the insurance information of all the parties involved. You'll need to know the name of the insurance company, the policy number, and contact details along with the license plate number and driver's name. It is important to get this information as soon as possible to avoid confusion or disputes later on. Documentation of expenses and medical treatment can be helpful to the claimant as well. Keep receipts of prescription medication and other expenses that were incurred due to the accident. This could help support the damages you claim. If you are unable work due to an injury you must keep all the lost wages. Claim Form It is best to submit a claim as fast following the accident as in the event that you are able. This will allow the insurance company to examine your documents and begin work. It will also ensure that your claim will be processed within the deadlines set by New York law. When filing an insurance claim on your car you'll need to provide details about the accident as well as any injuries you sustained due to it. This information will be used to calculate your damages which may include compensation for medical expenses, lost wages, property damage, and the pain and suffering. The insurance company will have to determine fault should it be necessary. The final police report could be useful for this. However it is crucial to keep in mind that determining fault isn't always straightforward. Even if you believe that the accident was your fault in a few circumstances, 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 a case adjuster. It is recommended to bring your lawyer with you when you meet with the adjuster. They can provide an impartial view and assist you negotiate an acceptable settlement. If you're unable come to a settlement that is satisfactory, you may need be in court to get the money that you deserve. Examining the damages They will be keen to visit the accident scene to see what they can. They may interview you as well as other people involved in the accident, speak to witnesses, and examine your vehicles. They will also examine your medical records, your expenses and lost wages to get a clear picture of how the accident affected you. While you wait for police to arrive You can take photos with your cell phone. This will allow you to document skid marks as well as the location of both cars and their degree of damage, as well as the presence of any obstructions. In this period it is recommended to share contact and insurance information with other drivers in the accident, if safe to do so. Note down the name of each person, address, telephone number and insurance company, policy numbers, and driver's license information. Note the make year, year and license plate number. In the midst of the situation, it may be tempting to blame another driver. However, this could backfire. Angerful remarks could be used against you in court and you should be calm and avoid admitting any guilt or fault at the scene of the collision. If auto accident lawyer norman , it's a good idea to also collect the names and contact numbers of any witnesses who witnessed the collision. Negotiating the Settlement Settlement negotiations for an auto accident can be difficult, especially if you must deal with medical bills and income loss. Engaging an experienced lawyer to conduct all negotiations on your behalf with the insurance company could speed up the process. An lawyer will have a better understanding of the law and the method of calculating the total amount of your losses and damages and what you can expect from an insurance company during settlement negotiations. The first step in the settlement process is writing your demand letter, which includes your request for the amount that you require to cover your injuries and expenses. Your attorney can help in compiling this information and include any documentation that supports the request. For instance, if sent the insurance adjuster photos of your vehicle and injuries that were particularly severe the lawyer will refer to the photos during negotiations. In addition, your attorney will remind the adjuster of your pain and damages, which are based on the mental and emotional anxiety you've endured as a result of the accident. Insurance companies will treat your claim more seriously if you hire an attorney to negotiate for a settlement on behalf you. They may also offer a better settlement. If the insurance company refuses to offer an acceptable settlement, your lawyer will start a lawsuit and advocate for you in court.