Are Auto Accident Settlement Really As Vital As Everyone Says?
Tips For Filing a Car Accident Claim
In states that haven't adopted no-fault insurance, you might be required to file a lawsuit against the other driver in small claims court. Before taking this step 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 award compensation for your injuries, car damage and other losses like pain and suffering. The process typically includes the following steps:
Gathering Information
If you're able to do so at the scene of the crash, while you are still in a safe place, take pictures of all the vehicles involved in the accident including the damage as well as any injuries sustained. These photos can help to prove that the accident took place as you've described. Also, take photos of the accident scene itself, including any skid marks or debris which are present.
It is also essential to obtain the names, addresses, and telephone numbers of eyewitnesses, when possible. They may be able witness later in the case about the cause of the accident as well as who was responsible. In certain instances, eyewitness testimony can be the most valuable evidence in a case.
Note down the insurance details of all parties involved. You'll need to know the name of the insurance company, the policy number, and contact details along with the license plate number and driver's name. This information should be obtained as soon as possible to avoid any doubts or disputes later.
Documentation of medical expenses and treatments can be valuable to a claim as well. Keep receipts for prescription pain medications and other expenses related to the wreck could support the damages outlined in the claim. If you are unable to work due to an injury, you should keep all the lost wages.
Claim Form
It is recommended to file a claim as soon after the accident as soon if you can. This allows the insurer to examine your documents and get started. It also ensures that your claim meets the deadlines set by New York law.
You'll have to provide information about the accident including any injuries you may have sustained. The information you provide will be used to calculate your damages which could include compensation for medical bills, lost wages, property damage, and the suffering.
If needed the insurance company will need to determine who is the culprit. It is helpful to have the final police report to aid in this process. It is essential to remember that determining the fault isn't always a simple task. In some instances even if you believe the accident was your fault other factors might have contributed to the accident. For instance, New York is a state with a comparative fault meaning that your damages will be diminished by your percentage of fault.
The insurance company will assign an adjuster to your case. It's best to bring your lawyer along as you talk to the adjuster. They can offer an impartial perspective and assist you to negotiate a fair settlement. If you cannot reach an acceptable settlement, it could be necessary to go to court to secure the compensation you're due.
Inspecting Damages
The insurance company will need to visit the scene of the accident and examine it for themselves. They will probably interview you and other parties involved in the collision, talk to witnesses, and examine your vehicles. They will also examine your medical records, your expenses and lost wages to get a clear picture of how the accident affected you.
While you are waiting for the police to arrive, snap photos with your mobile phone. This will allow you to record skid marks, the location of both vehicles, their severity of damage, and the presence of any obstructions.
In this instance you should exchange contact and insurance information with the other drivers involved in the accident, if it is safe to do this. Note down the names, addresses, phone number, insurance company, policy number, and driver's licence details of each driver. Also note the car's model year, year, and license plate number.
In the heat of the circumstances, it could be tempting to point the finger at the other driver. But, auto accident attorney massachusetts could backfire. Angry remarks could be used against you in court Be calm and avoid admitting any guilt or fault at the scene of the accident. If you are able, it's a good idea also to collect the names and numbers of anyone who witnessed the collision.
Negotiating the Settlement
Negotiating a settlement for a car accident can be stressful, particularly when you have to pay expenses for medical treatment and lost income. Fortunately you can get the process made easier by hiring a knowledgeable lawyer to manage all negotiations with the insurance company on your behalf. An attorney can better comprehend the law, estimate the total amount of damages you have suffered and understand what to expect in settlement negotiations with an insurance company.
The first step in the settlement process is to prepare an offer letter that contains your request for the amount you need to cover your injuries and expenses. Your attorney can assist you in assembling this information and also include any other relevant documents to support your demand. For instance, if for example you sent the insurance adjuster photos of your vehicle and injuries that were particularly serious and significant, your lawyer will highlight these during negotiations. Your lawyer will also remind the adjuster about your damages for pain and suffering. These are based on emotional distress and mental agony you've suffered as a result of the accident.
If you hire an attorney to negotiate the settlement on behalf of you insurance companies will treat your claim more seriously and typically offer higher settlements. Your attorney will pursue a lawsuit if an insurance company does not agree to a fair settlement.