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Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance, you could have to sue the other driver in a small claims court. It is recommended to hire an experienced accident lawyer prior to taking this step. The insurance company of the other side will investigate your claim to determine liability for the collision and provide compensation for your injuries, car damage, and losses such as pain and suffering. The process usually includes the following steps: Gathering Information Photograph the vehicles involved in the accident. Include any injuries or damages. These photos can help to prove that the accident occurred as you have described. Photograph the site of the accident, including any skidmarks or debris. It is also important to collect the names, addresses and telephone numbers of witnesses, if possible. They may be able to provide evidence later on as to the cause of the accident as well as who was at fault. In certain cases, eyewitness testimony is the most valuable evidence in a lawsuit. Note down the insurance information of all the parties involved. You'll need the insurance company name, policy number and contact information, along with the driver's name and license plate number. This information should be gathered immediately to avoid any confusion or disputes later. Documentation of medical bills and treatment can also be very valuable to support a claim. Maintaining receipts for prescription pain medication and other expenses incurred as a result of the accident could help support the damages claimed in the claim. In addition, if you're in a position of being unable to work because of injuries, it's important to keep records of the wages you lost. Claim Form If you have the ability to do so it is recommended to submit your claim as quickly as possible following the incident. This allows the insurance company to examine your documents and get started. This will ensure that you meet the New York law deadlines for filing your claim. You'll need to give details regarding the incident including any injuries that you suffered. This information will be used to calculate your damages which may include compensation for medical bills, lost wages, property damage, and suffering and pain. If it is necessary, the insurance company will have to determine who is responsible. The final police report could be useful for this. However it is essential to remember that determining fault is not always easy. In some instances even if you believe the crash was your fault other factors might have contributed to the accident. For example, New York is a state that is a comparative fault one, which means that your damages will be reduced based on your percentage of fault. The insurance company will assign an adjuster for cases. It's best to have your lawyer with you while you speak with the adjuster. They'll be able to offer an objective perspective and help you negotiate an acceptable settlement. If you are unable to reach a settlement that is acceptable, you might have to take your case to court to get the money that you deserve. Inspecting the damages They will like to visit the scene of the accident to see the scene for themselves. They'll likely interview you as well as other people involved in the accident, speak to eyewitnesses and look at your vehicles. They will also look over your medical records, your expenses and lost wages to get clear information about 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 allow you to record the skid marks and damage on both vehicles, as well as the exact location of the cars. During this time you should share contact and insurance information with other drivers involved in the accident, if it is safe to do so. Note down the names of everyone involved, address, telephone number and insurance company, policy numbers and driver's license information. Also note the vehicle make, year and license plate number. In the midst of the situation, it can be tempting to blame another driver. However, this could backfire. angry remarks can be used against you in court and you should be calm and do not admit to any fault or guilt at the scene of the accident. It is also a good idea to gather the names and phone numbers of witnesses who witnessed the accident, if it is possible. Negotiating the Settlement Negotiating a settlement for a car accident is stressful, particularly when you are faced with medical bills and lost income. Fortunately the process can be speeded by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An lawyer will have a better understanding of the law and the method of calculating your total damages and losses and what to expect from an insurance company during settlement negotiations. The first step in the settlement process is to write a demand letter that includes your demand for the amount you need to cover your injuries and expenses. Your lawyer can help you in compiling this information and include any relevant documentation that supports the request. If you provided photos of your vehicle or any injuries that were particularly severe to the insurance adjuster, your lawyer will make mention of them during negotiations. auto accident attorneys waukesha will also remind the adjuster about your damages for pain and suffering. These are based on emotional distress and mental pain you've suffered due to the accident. Insurance companies will treat your claim more seriously if hire an attorney to negotiate an agreement on behalf of you. They will also offer a better settlement. If the insurance company refuses to provide a fair settlement, your attorney will bring a lawsuit and fight for you in court.