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Tips For Filing a Car Accident Claim In states without no-fault insurance you could have to sue the driver in a small claims court. Before taking this step it is recommended to consult an experienced accident lawyer. The other party's insurer will investigate your claim and determine liability for the collision. They will then award compensation for your injuries and vehicle damage as well as for damages such as pain and suffering. The process typically involves the following steps: Gathering Information If you're able to do so at the scene of the crash, while it is safe and secure, take photographs of all vehicles involved in the accident, including the damage and any injuries that were sustained. These photos can be used to show that the accident took place as you described. Additionally, take photographs of the accident scene itself, including any skid marks or debris that may be present. If possible, it is crucial to collect the names, addresses and phone numbers of eyewitnesses. auto accident lawyer tennessee could be later able to provide evidence about what transpired and who was responsible. In certain cases, eyewitness testimony is the most reliable evidence in a lawsuit. Get the insurance information of everyone who were involved in the accident. You'll need to know the name of the insurance company along with the policy number and contact details as well as the license plate number and driver's name. In the event that you can get this information as quickly as you can could avoid any confusion or disputes later. Documentation of medical expenses and treatments could be extremely helpful to support a claim. Keep receipts for prescription pain medication and other expenses incurred as a result of the accident could help support the damages claimed in the claim. Also, if you are in a position of being unable to work because of the injuries you sustained, it is vital that you keep the track of your wages lost. Claim Form If you have the ability to do so it is recommended to make your claim as soon as you can following the incident. This will allow the insurance company to review your paperwork and get started. This will ensure that you meet the New York law deadlines for filing your claim. You'll have to provide information regarding the incident and any injuries you sustained. This information is used to calculate damages. This includes reimbursement for medical expenses, lost wages, damage to property as well as pain and discomfort. The insurance company may also have to determine the fault, should it be necessary. The final police report could be helpful for this. It is essential to keep in mind that determining who is to blame isn't always an easy task. Even if you believe the crash was your fault in certain cases, other factors may have contributed. For example, New York is a comparative fault state meaning that your damages will be reduced by your percentage of fault. The insurance company will assign an adjuster for cases. It's a good idea have your lawyer with you as you talk to the adjuster. They can provide an impartial view and assist you negotiate a fair settlement. If you're not able to agree on a settlement that's satisfactory, you may need be in court to obtain the compensation you are entitled to. Inspecting the damage They'll want to visit the scene of the accident to see the scene. They'll likely speak with you as well as any other participants involved in a crash, speak to eyewitnesses, and examine your vehicles. They will also examine your medical records, your expenses, and lost wages to get a clearer picture of the impact that the accident had on you. While you wait for the police to arrive, take photographs with your mobile phone. This will allow you to document the skid marks and damage on both vehicles and the location of the cars. In this period it is recommended to make sure to exchange contact information and insurance details with other drivers involved in your accident, if safe to do so. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information of each person. Note the vehicle's model year, model, and license plate number. It may be tempting to blame another driver in the heat of the moment however, this could backfire. The words you say could be used against you in court So, keep your cool and don't admit any guilt or blame at the scene of the incident. It is also a good idea to gather the names and phone numbers of witnesses to the collision, if you can. Negotiating the Settlement Negotiating the settlement of a car accident claim can be difficult and a bit frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Fortunately you can get the process speeded by hiring an experienced lawyer to negotiate all negotiations with the insurance company on your behalf. An attorney will be able to better understand the law, calculate your total damages and also know what to anticipate during settlement negotiations with an insurance company. The first step is writing a letter of demand that includes the amount you need to pay for your medical expenses and other injuries. Your lawyer can assist you in compiling this information, and include any documents to support the demand. For instance, if provided the insurance adjuster with photos of your car and injuries that were particularly severe, your lawyer will mention those photos in negotiations. In addition, your attorney will remind the insurance adjuster of your pain and damages which are based on the emotional distress and mental anguish you have suffered because of the accident. Insurance companies will consider your claim more seriously if you hire an attorney to negotiate an agreement on behalf of you. They will also offer a higher settlement. If the insurance company refuses to provide an acceptable settlement, your attorney will bring a lawsuit and represent you in court.