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Tips For Filing a Car Accident Claim In states without no-fault insurance you may have to sue the driver at a small claims court. Before taking this action you should talk to an experienced accident attorney. The insurance company for the other party will investigate your claim to determine the liability for the collision and compensate you for your injuries, car damage and other losses like 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 incurred. These photos will help verify that the accident occurred as you described. Additionally, take photographs of the scene, including any skid marks or other debris which are present. If you can, it is important to get the names, addresses and telephone numbers of witnesses. They could be able be later called in to testify about what caused the accident and who was responsible. In some instances, eyewitness testimony is the most important evidence in the course of a lawsuit. Note down the insurance details of all the parties involved. You will require the insurance company's name along with the policy number, contact information, as well as the driver's name and license plate number. This information should be obtained in the earliest time possible to avoid confusion or disputes later on. Documentation of medical expenses and treatment is also very useful for an insurance claim. Keep auto accident attorneys eau claire for prescription medicines as well as other expenses related to the accident. This could be helpful in proving the damages you claim. Also, if you are not able to work due to injuries, it's vital that you keep an eye on your lost wages. Claim Form It's best to start a claim as quickly following the accident as in the event that you are able. This will allow the insurer to review your documents and get started. This ensures that you're in compliance with the New York law deadlines for filing your claim. If you are filing an insurance claim for your car when filing a claim, you'll need details about the accident and any injuries you suffered due to it. This information is used to calculate damages, which includes the amount of compensation for medical expenses, lost wages, damage to property as well as discomfort and pain. If needed the insurance company needs to determine who is responsible. It can be helpful to have the final police report to aid in this process. However it is important to remember that determining fault isn't always easy. Even if you believe that the accident was your fault in certain cases, other factors may have contributed. For example, New York is a comparative fault state which means that your damages will be reduced based on the percentage of fault you have. The insurance company will assign a case adjuster. It is recommended to bring your lawyer present during your conversation with the adjuster. They can offer an impartial perspective and assist you negotiate an acceptable settlement. If you're unable to negotiate a satisfactory settlement, it could be necessary to go to court to receive the compensation you're due. Inspecting for Damages The insurance company may want to visit the scene of the accident to examine the scene for themselves. They will likely interview you and other people who were involved in the collision as well as interview witnesses and examine your vehicle. They will also examine your medical records, your expenses, and lost wages to gain a better understanding of the impact that the accident had on you. While you wait for the police to arrive You can take photos with your cell phone. This will help you document skid marks, the location of both vehicles and the extent of damage, as well as the presence of any obstructions. In this instance you should exchange contact and insurance information with other drivers involved in the accident, if it is safe to do so. Note down each person's name and address, along with the telephone number and insurance company, policy numbers, and driver's license information. Also note the car's model, year and license plate number. In the midst of the circumstances, it could be tempting to point the finger at the other driver. However, this could backfire. Keep your cool and avoid admitting fault or guilt. If you are able, it's a good idea also to collect the names and contact numbers of any eyewitnesses that witnessed the collision. Negotiating the Settlement Negotiating a settlement for a car accident is difficult, especially if you have to pay expenses for medical treatment and lost income. Fortunately it is possible to made easier by hiring a knowledgeable lawyer to negotiate with the insurance company on your behalf. An lawyer will better understand the law, calculate your total damages and understand what to expect during settlement negotiations from an insurance company. The first step in the settlement process is to draft an official demand letter that outlines your demand for the amount you need to cover your injury and expenses. Your lawyer can help you compile this information and include any other relevant documents that support your request. If you submitted photos of your car or injuries that were especially severe to the insurance adjuster, your lawyer would be sure to mention them during negotiations. Additionally, your lawyer will remind the adjuster of your pain and suffering damages that are based on the mental and emotional stress you've suffered as a result of the accident. If you engage a lawyer to negotiate a settlement on behalf of you insurance companies take claims more seriously and typically offer higher settlements. Your attorney will file a suit if the insurance company does not agree to a fair settlement.