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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you may have to sue the other driver in small claims court. You should consider hiring an experienced lawyer in the field prior to making this decision. The insurance company for the other party will investigate your claim to determine the liability for the collision and award compensation for your injuries, car damage and other losses, including pain and suffering. The process usually involves the following steps. Gathering Information Take pictures of the vehicles involved in the collision. Include any injuries or damage. Taking these photographs could help to prove that the incident was as you described it. Additionally, take photographs of the scene including any skid marks or debris that are present. It is also crucial to obtain the names, addresses, and telephone numbers of witnesses, if possible. They could be later able to testify on what happened and who was at fault. In certain instances eyewitness testimony is the most important evidence in the case. Note down the insurance details of all the parties involved. You will require the insurance company's name, policy number and contact information, along with the driver's name and license plate number. This information should be gathered immediately to avoid confusion or disputes later on. Documentation of medical treatment and expenses can be valuable to the claimant as well. Keep receipts for prescription medications and other costs resulted from the accident. This can be used to support the damages you claim. If you are unable to work because of an injury, you should keep the record of any wages lost. Filing the Claim It is recommended to start a claim as quickly after the accident as soon in the event that you are able. This allows the insurance company to review your documents and begin working. This ensures that you meet the New York law deadlines for filing your claim. When you file a car insurance claim you'll need to provide details about the accident, as well as any injuries that you sustained as a result. The information you provide will be used to calculate damages, which includes the amount of compensation for medical expenses, loss of wages, property damage and discomfort and pain. If required, the insurance company must to determine who is the culprit. The final police report may serve as a reference point. It is important to remember that determining fault isn't always an easy task. In some cases even if you believe the accident was your fault, other factors might have contributed to the crash. For auto accident attorneys detroit , New York is a state with a comparative fault, which means that your damages will be diminished by the percentage of fault you have. The insurance company will assign an adjuster to your case. It's best to have your lawyer with you when you speak to the adjuster. They'll provide an objective viewpoint and assist you negotiate an equitable settlement. If you are unable to reach an acceptable settlement, it may be necessary to go to trial to get the amount you're due. Examining the damage The insurance company will need to visit the scene of the accident and examine the scene for themselves. They will likely interview you and the other parties who were involved in the collision as well as interview witnesses and inspect your vehicle. They will also go through your medical records, your expenses and lost wages to get an understanding of how the accident has affected you. While you are waiting for the police to arrive, snap pictures with your phone. This will allow you to record the damage and skid marks on both vehicles, as well as the location of the vehicles. If it's safe, you can exchange contact and insurance information with other drivers involved in the collision. Jot down each person's name, address, telephone number and insurance company, policy numbers and driver's license information. Also note the car's model the year, make and license plate number. In the heat of the situation, it can be tempting to blame another driver. But, this could backfire. Be calm and don't admit to fault or guilt. It's also recommended to collect the names and contact numbers of eyewitnesses who witnessed the collision, if you can. Negotiating the Settlement Negotiating the settlement of a car crash claim can be a stressful and difficult, particularly when you're faced with medical bills and lost wages. Fortunately you can get the process expedited by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a greater understanding of the law and the method of calculating your total losses and damages and what you can expect from an insurance company in settlement negotiations. The first step in the settlement process is to draft an official demand letter that outlines your request for the amount that you need to pay for your injuries and expenses. Your attorney can help you gather this information and also include any other relevant documents to support 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. Your attorney will also remind the adjuster about the damages you suffered due to pain and suffering. These are based on emotional distress and mental agony you've endured as a result of the collision. If you engage an attorney to negotiate a settlement on behalf of you insurance companies take claims more seriously and typically offer higher settlements. Your attorney will start a lawsuit if the insurance company refuses to offer a fair settlement.