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Tips For Filing a Car Accident Claim In states with no-fault insurance you could have to file a lawsuit against the driver at a small claims court. Before you take this action you should speak with an experienced accident lawyer. The insurance company for the other party will examine your claim to determine the liability for the collision and provide compensation for your injuries, car damage, and other losses, such as pain and suffering. The process usually involves the following steps. Gathering Information If you're able to do this at the scene of the crash while it is still safe and secure, take photographs of all vehicles involved in the accident including the damage, as well as any injuries that were sustained. Photographs can be used to prove that the crash occurred as you've described. Also, take pictures of the accident scene itself, including any skid marks or debris that may be present. It is also crucial to obtain the names, addresses, and telephone numbers of witnesses, if possible. They might be able later to testify on the circumstances surrounding the incident and who is responsible. In some instances, eyewitness testimony is the most valuable evidence in a lawsuit. Note down the insurance information of all parties involved. You'll require the name of the insurance company along with the policy number, contact details, as well as the driver's name and license plate number. These details should be obtained as soon as you can to avoid any confusion or disputes later on. Documentation of medical treatment and expenses can prove valuable in an insurance claim too. Maintaining receipts for prescription pain medications and other expenses related to the crash could be helpful in proving the damages that are claimed in the 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 best to make a claim as soon after the accident as soon should you be able to. This allows the insurer to review your paperwork and begin work. It also ensures that your claim is within the deadlines set by New York law. You'll need to give details about the accident including any injuries you sustained. The information you provide will be used to calculate your damages which may include compensation for medical expenses, lost wages, property damage, and pain and suffering. The insurance company will have to determine fault if necessary. The final police report could serve as a reference point. However it is essential to remember that determining fault is not always easy. Even if you believe the accident was your fault in some circumstances, other factors could have contributed. New York, for example is a state which has a comparative negligence system. This means that your damages are reduced according to the percentage of your fault. The insurance company will assign an adjuster to your case. It's a good idea have your lawyer with you as you talk to the adjuster. They can offer an objective perspective and assist you negotiate an acceptable settlement. If you're unable to negotiate a satisfactory settlement, it may be necessary to go to court to secure the compensation you deserve. Inspecting the Damages They will want to go to the scene of the crash to see what they can. They'll likely question you and other people involved in the crash and talk to witnesses and look over your vehicle. auto accident lawsuit akron will also go through your medical records, your expenses and lost wages to provide an understanding of how the accident has affected you. While you wait for the police to arrive, snap photographs with your mobile phone. This will allow you to document the skid marks and damage on both vehicles and also the exact location of the cars. During this time, you should share contact and insurance information with other drivers involved in the accident, if safe to do so. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information for each person. Note the vehicle's model year, make, and license plate number. In the midst of the situation, it can be tempting to blame another driver. However, this could backfire. Keep your cool and don't admit to fault or guilt. If possible, it's a good idea to keep the names and numbers of any witnesses who witnessed the collision. Negotiating the Settlement Settlement negotiations for a car accident is difficult, especially if you have to deal with medical bills and loss of income. Fortunately, the process can be speeded up by hiring a skilled lawyer to negotiate 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 in the settlement process is to prepare an offer letter that contains your request for the amount you need to pay for your injuries and expenses. Your lawyer can assist you in compiling this information, and include any relevant documents to support the demand. For example, if you sent the insurance adjuster photos of your vehicle and injuries that were particularly severe, your lawyer will mention those during negotiations. Additionally, your lawyer will remind the adjuster of your suffering and damages which are based on the mental and emotional anxiety you've experienced as a result of the accident. If you engage a lawyer to negotiate the settlement on behalf of you, insurance companies treat claims with greater care and generally offer higher settlements. If the insurance company refuses to provide a fair settlement, your attorney will start a lawsuit and advocate for you in court.