10 Unexpected Auto Accident Settlement Tips
Tips For Filing a Car Accident Claim
In states with no-fault insurance you may have to sue the driver in a small claims court. Before taking this action you should speak with 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 typically involves the following steps.
Gathering Information
Photograph the vehicles involved in the accident. Include any damage and injuries. These photographs will show that the accident took place as you described it. Photograph the accident site, including any skidmarks or other debris.
If you can, it is important to obtain the names, addresses, and phone numbers from eyewitnesses. They may be able be later called in to testify about the circumstances of the accident and who was at fault. In some instances, eyewitness testimony is the most reliable evidence in a lawsuit.
Note down the insurance information of all the parties involved. You will require the insurance company's name as well as policy number and contact information, as well as the driver's name and license plate number. If you get this information as early as possible could prevent confusion or disputes later on.
Documentation of medical expenses and treatment can also be very valuable for claims. Keep receipts of prescription medication as well as other expenses resulted from the accident. This could help support the damages you claim. Also, if you are unable to work due to injuries, it's essential to keep records of the wages you lost.
Claim Form
If you're able to do so it's recommended to file your claim as soon as you can following the incident. This will allow the insurance company to examine your documents and get started. It also ensures that your claim is within the deadlines set by New York law.
You'll need to provide specifics regarding the incident including any injuries you may have sustained. This information will be used to calculate your damages, which could include compensation for medical bills, lost wages property damage, and pain and suffering.
The insurance company may also be required to determine the source of fault, should it be necessary. It can be helpful to have the final police report available for this purpose. It is crucial to keep in mind that determining the fault isn't always an easy task. In some instances, even if you think the accident was your fault other factors may have contributed to the crash. New York, for example is a state in which there has a relative negligence system, which means 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 while you speak with the adjuster. They'll give you an objective perspective and help you negotiate an acceptable settlement. If you're unable to agree on a settlement that's acceptable, you may have be in court to receive the money you are entitled to.
Inspecting Damages
The insurance company will need to visit the scene of the accident to see it for themselves. They will probably interview you as well as other people involved in the collision, talk to witnesses and inspect your vehicles. They will also review your medical records, expenses and lost wages to provide a clear picture of how the accident affected you.
While you wait for the police to arrive at the scene Try taking pictures using your mobile phone. This will help you document skid marks, the location of both vehicles and the severity of damage, and the presence of any obstructions.
In this period you should share contact and insurance information with other drivers in the accident, if safe to do so. Note down the name, address, telephone number, insurance company's policy number, and driver's licence information of each driver. Note the vehicle's make year, make and license plate number.
It's tempting to point fingers at another driver in the heat of the moment but this could end up backfiring. Be calm and avoid admitting fault or guilt. It is also a good idea to gather the names and numbers of witnesses who witnessed the collision, if you can.
Negotiating the Settlement
The process of negotiating the settlement of a car accident claim can be a stressful and difficult, particularly when you're faced with medical bills and lost wages. Engaging an experienced lawyer to negotiate on behalf of you with the insurance company can make the process easier. An attorney will have a greater knowledge of the law, how to calculate your total loss and damages and what to expect from an insurance company during settlement negotiations.
The first step is to compose a demand letter that includes the amount you need to pay for your medical expenses and other injuries. Your attorney can help you to compile this information and include any other relevant documentation that supports your request. If you sent photos of your car or injuries that were particularly severe to the insurance adjuster, your lawyer will make mention of them during negotiations. In addition, your attorney will remind the insurance adjuster of your suffering and damages that are based on the emotional distress and mental anxiety you've endured as a result of the accident.
auto accident lawsuit arizona will consider your claim more seriously if you hire an attorney to negotiate a settlement on behalf of you. They will also give you a higher settlement. Your attorney will file a suit if the insurance company refuses to pay a fair settlement.