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Tips For Filing a Car Accident Claim In states that do not have no-fault insurance, you could have to sue the driver at a small claims court. Before taking this action you should talk to an experienced accident lawyer. The insurance company of the other side will examine your claim to determine the liability for the collision and compensate you for your injuries, car damage, and losses such as pain and suffering. The process usually involves the following steps: Gathering Information Take photos of the vehicles involved in the collision. Include any injuries and damages. The photos you take can help to prove that the incident took place as you've described. Take pictures of the site of the accident, including any skidmarks or other debris. If you can, it is essential to get the names, addresses, and phone numbers of eyewitnesses. They could be later able to provide evidence about what transpired and who is responsible. In some cases, eyewitness testimony can be the most valuable evidence in a case. Note down the insurance information of all parties involved. You'll need to know the name of the insurance company, 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 possible could prevent conflicts or confusion later. Documentation of medical expenses and treatments can also be very valuable for the purpose of submitting a claim. Keep receipts for prescription pain medications and other expenses caused by the accident could help support the damages claimed in the claim. If you're unable to work due to an injury, you should keep all the lost wages. Filing the Claim If you are able to do so it's recommended to file your claim as soon as possible following the accident. This allows the insurance company to review your paperwork and get to work. It will also ensure that your claim will be processed within the deadlines stipulated by New York law. You'll have to provide information regarding the incident, including any injuries you suffered. This information will be used to calculate the amount of damages you've suffered, which could include compensation for medical expenses, lost wages, property damage, and the pain and suffering. The insurance company will also need to determine fault, should it be necessary. The final police report could be helpful in this regard. It is important to remember that determining the cause of the crash isn't always a simple task. Even if you believe the accident was your fault in a few cases, other factors could have contributed. New York, for example, is a state that has a comparative negligence system, which means that the amount of damages you incur is reduced by the proportion 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'll provide an objective view and help you negotiate an acceptable settlement. If you're unable come to a settlement that is satisfactory, you may need to take your case to court to receive the money you deserve. Examining the Damages They will be keen to visit the accident scene to see the scene for themselves. They'll likely question you and any other parties involved in a crash and talk to witnesses and look over your vehicle. They will also look over your medical records, expenses and lost wages to get clear information about how the accident affected you. While you wait for police to arrive at the scene Try taking pictures using your mobile phone. This will allow you to record skid marks, locations of both vehicles and the severity of damage, and the presence of any obstructions. In this instance, you should make sure to exchange contact information and insurance details with other drivers involved in your accident, if safe to do so. Jot down each person's name address, phone number, address and insurance company, policies numbers, and driver's license information. Also note the vehicle make the year, make and license plate number. It may be tempting to point fingers at another driver in the midst of a crisis, but this can backfire. The words you say can be used against you in court So, keep your cool and avoid admitting any guilt or blame at the scene of the incident. If you are able, it's a good idea to gather the names and telephone numbers of any eyewitnesses that witnessed the collision. Negotiating the Settlement Negotiating a settlement in the event of an accident in the car can be stressful, particularly when you have to deal with medical bills and lost income. Hiring an experienced attorney to conduct all negotiations on behalf of you with the insurance company will expedite the process. An attorney can better know the law, calculate the total amount of damages you have suffered and be aware of what to expect during settlement negotiations with an insurance company. The first step in the settlement process is writing an official demand letter that outlines your request for the amount you need to pay for your injuries and expenses. Your lawyer can help you in assembling this information and include any relevant documents that support your request. For instance, if for example you included the insurance adjuster's photos of your car and injuries that were particularly severe the lawyer will refer to these during negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. auto accident law firm warwick are based on emotional distress and mental agony you've suffered due to the accident. Insurance companies will treat your claim more seriously if you employ an attorney to negotiate for a settlement on behalf you. They may also offer a higher settlement. Your lawyer will file a suit if the insurance company refuses to offer a fair settlement.