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7 Things You'd Never Know About Auto Accident Settlement
Tips For Filing a Car auto accident law firms Claim
In states that have not adopted no-fault insurance, you could have to sue the other driver in small claims court. Before you do this, you should consult with an experienced accident attorney.
The insurance company of the other party will investigate your claim and determine liability for the collision. They will then award you compensation for your injuries and vehicle damage as well as for damages such as pain and suffering. The process usually consists of the following steps.
Gathering Information
Take photographs of the cars involved in the crash. Include any injuries or damage. These photos can be used to show that the accident took place in the manner you described. Also, take pictures of the scene and any skid marks or debris that may be present.
It is also important to get the names, addresses, and telephone numbers of eyewitnesses, if possible. They could be later able to testify on what transpired and who was at fault. In certain cases, eyewitness testimony can be the most important evidence in the case.
Get the insurance information of all the parties involved in the wreck. You will need to know the name of the insurance company, the policy number, and the contact information as well as the license plate number and driver's name. In the event that you can get this information as quickly as possible can avoid disputes or confusion later on.
Documentation of medical expenses and treatment can also be very valuable in the purpose of submitting a claim. In keeping receipts for prescription pain medications and other expenses that result from the wreck could support the damages that are claimed in the claim. If you are unable to work due to injuries, it's crucial to keep the track of your wages lost.
Claim Form
It is recommended that you submit a claim as fast after the accident as possible should you be able to. This allows the insurer to review your documents and get to work. It will also ensure that your claim will be processed within the deadlines set by New York law.
You'll need to provide specifics regarding the incident, including any injuries you suffered. The information you provide will be used to calculate your damages which may include compensation for medical bills, lost wages, property damage, and the pain and suffering.
If required, the insurance company will have to determine who is responsible. The final police report may serve as a reference point. However it is important to remember that determining fault is not always easy. Even if you believe that the crash was your fault in a few circumstances, other factors could have contributed. New York, for example, is a state that has a comparative negligence system. This means that your damages are diminished by the percentage of your fault.
The insurance company will assign an adjuster to your case. It is important to have your attorney present when you speak to the adjuster. They'll give you an objective viewpoint and Auto Accident Law Firms assist you negotiate an acceptable settlement. If you are unable to agree on a settlement that's satisfactory, you may need to go to court in order to get the money you are entitled to.
Inspecting Damages
The insurance company will need to visit the scene of the accident to examine the accident for themselves. They'll likely question you as well as any other participants involved in the accident, speak to eyewitnesses, and inspect your vehicle. They will also look over your medical records, expense reports, and lost wages to obtain a more precise picture of the effect that the accident had on you.
While you are waiting for the police to arrive, snap photos with your mobile phone. This will allow you to record the skid marks and damage on both vehicles and also the exact location of the vehicles.
In this instance you should exchange insurance and contact information with other drivers involved in your accident, if safe to do this. Note down the name, address, telephone number, insurance company, policy number, and driver's license information for each person. Also note the vehicle make the year, make and license plate number.
It's tempting to point fingers at another driver in the heat of the moment, but this can backfire. Angry remarks could be used against you in court, so keep your cool and don't admit any guilt or fault at the scene of the accident. If you are able, it's a good idea to gather the names and telephone numbers of any eyewitnesses that witnessed the collision.
Negotiating the Settlement
Settlement negotiations for a car accident is difficult, especially if you must deal with expenses for medical treatment and lost income. Fortunately the process can be expedited by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will better comprehend the law, calculate the total amount of damages you have suffered and also know what to expect during settlement negotiations from an insurance company.
The first step is writing an official letter of demand that includes the amount you want to cover your costs and injuries. Your attorney can help in compiling the information, and include any supporting documents to support the demand. If you have sent pictures of your vehicle or any injuries that were particularly severe to the insurance adjuster, your lawyer will be sure to mention them during negotiations. Additionally, your lawyer will remind the insurance adjuster of your pain and suffering damages that are based on the mental and emotional anxiety you've endured as a result of the auto accident lawsuit.
Insurance companies will consider your claim more seriously if engage an attorney to negotiate an agreement on behalf of you. They will also offer a greater settlement. The lawyer will pursue a lawsuit if an insurance company refuses to pay a fair settlement.
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