5 Facts Auto Accident Settlement Is Actually A Good Thing
Tips For Filing a Car Accident Claim
In states that have not adopted no-fault insurance, you may need to sue the other driver in a small claims court. Before you do this, you should consult with an experienced accident attorney.
The insurance company of the other side will investigate your claim to determine liability for the collision and pay compensation for your injuries, car damage and losses such as pain and suffering. The process typically involves the following steps.
Gathering Information
If you're able do so at the site of the crash while it is safe to do so, take pictures of all the vehicles involved in the accident, including the damage and any injuries that may have occurred. These photos will help establish that the incident occurred in the manner you described it. Photograph the scene of the accident, including any skidmarks or debris.
If you can, it is crucial to collect the names, addresses, and phone numbers of eyewitnesses. They may be able testify later as to how the accident occurred and who was at fault. In some instances eyewitness testimony may be the most valuable piece of evidence in the case.
Note down the insurance information of all parties involved. You'll need the name of the insurance company, the policy number, and contact details along with the license plate number and driver's name. It is important to get this information as soon as you can could avoid confusion or disputes later on.
Documentation of medical expenses and treatment can also be very valuable to support a claim. Keep receipts for prescription medications and other expenses that were 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 must keep all the lost wages.
Filing the Claim
If you have the ability to do so you should make your claim as soon as you can after the accident. This will allow the insurer to review your claim and begin working. It will also ensure that your claim is in compliance with the deadlines stipulated by New York law.
If you are filing an insurance claim on your car, you'll need to provide details about the accident and any injuries you suffered due to it. The information you provide will be used to calculate your damages, which could include reimbursement for medical bills, lost wages property damage, as well as suffering and pain.
The insurance company may also have to determine fault should it be necessary. The final police report may be helpful for this. However, it is important to keep in mind that determining fault is not always straightforward. Even if you believe the crash was your fault in a few cases, other factors may have contributed. For instance, New York is a state that is a comparative fault one, 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 is important to have your lawyer with you when you meet with the adjuster. They can provide a neutral perspective and help you to negotiate a fair settlement. If you're not able to reach a satisfactory settlement, it may be necessary to go to trial to get the amount you're entitled to.
Examining the damages
The insurance company may want to visit the scene of the accident to see the accident for themselves. They may interview you and any other participants in the accident, talk with witnesses and inspect your vehicles. They will also scrutinize your medical records, expenses and lost wages to get a clearer picture of the effect that the accident had on you.
While you wait for the police, take photographs with your mobile phone. This will allow you to document skid marks, the location of both vehicles and the extent of damage, as well as the presence of any obstructions.
In this instance you should exchange contact and insurance information with other drivers in the accident, if it is safe to do this. Note down the name, address, telephone number, insurance company's 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 midst of a crisis but this could be a backfire. Be calm and don't acknowledge fault or guilt. It's also an ideal idea to record the names and phone numbers of witnesses who witnessed the collision, if possible.
Negotiating the Settlement
Negotiating the settlement of a car accident claim can be stressful and frustrating, especially when you're dealing with expenses for medical treatment and lost wages. Fortunately the process can be made easier by hiring a knowledgeable lawyer to negotiate with the insurance company on your behalf. An attorney will be able to better know the law, calculate your total damages and also know what to expect in settlement negotiations with an insurance company.
The first step in the settlement process is writing an official demand letter that outlines your demand for the amount you need to cover your injury and expenses. Your lawyer can help you in compiling this information and include any supporting documentation that supports the demand. For instance, if provided the insurance adjuster with photos of your vehicle and injuries that were particularly serious your lawyer will make mention of the photos during negotiations. Your attorney will remind the adjuster of the damages you suffered due to pain and suffering. These are based on emotional distress and mental pain you've suffered as a result of the accident.
If auto accident lawsuit tulsa employ a lawyer to negotiate the settlement on behalf of you insurance companies will treat your claim more seriously and typically offer higher settlements. If the insurance company refuses to offer an equitable settlement, your lawyer will file a lawsuit and fight for you in court.