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Tips For Filing a Car Accident Claim In states that do not have no-fault insurance, you could be required to sue the driver at a small claims court. Before you do this it is recommended to consult an experienced attorney for accidents. The insurance company of the other side will examine your claim to determine liability for the collision and provide compensation for your injuries, car damage and other losses, including pain and suffering. The process usually involves the following steps. Gathering Information If you are able to do this at the scene of the crash while you are still in a safe place and secure, take photographs of all vehicles involved in the accident including the damage and any injuries that may have occurred. Taking these photographs could help to prove that the accident took place as you've described. Photograph the scene of the accident, and include any skidmarks, debris or skid marks. If you can, it is essential to get the names, addresses and telephone numbers of witnesses. They may be able later to testify about the circumstances surrounding the incident and who was responsible. In some instances eyewitness testimony may be the most important evidence in a case. Note down the insurance details of all parties involved. auto accident lawyer bethlehem 'll need the name of the insurance company, the policy number, and the contact information along with the license plate number and driver's name. It is important to get this information in the earliest time possible to avoid confusion or disputes later on. Documentation of medical expenses and treatment can be extremely valuable in claims. Maintaining receipts for prescription pain medication and other expenses incurred as a result of the accident could help support the damages that are claimed in the claim. Also, if not able to work due to your injuries, it is essential to keep an eye on your lost wages. Filing the Claim It is recommended that you submit a claim as fast after the accident as possible when you are able to. This allows the insurer to review your paperwork and get to work. This ensures that you meet the New York law deadlines for filing your claim. You'll have to provide information regarding the incident, including any injuries you suffered. This information is used to calculate damages, including compensation for medical expenses, lost wages, property damage and discomfort and pain. The insurance company will be required to determine the source of fault, in the event of a need. It is beneficial to have the final police report to aid in this process. It is crucial to remember that determining the cause of the crash is not always an easy task. Even if you believe the crash was your fault in a few cases, other factors could have contributed. New York, for example, is a state that has a comparative negligence system, meaning your damages are reduced according to the proportion of your fault. The insurance company will assign an adjuster to your case. You should bring your attorney present during your conversation with the adjuster. They can offer an impartial perspective and assist you negotiate an acceptable settlement. If you are unable to come to a settlement that is acceptable, you might have to go to court in order to get the money that you are entitled to. Inspecting the Damages The insurance company will want to visit the scene of the accident to see the scene for themselves. They'll likely interview you as well as any other participants who were involved in the collision and speak with witnesses, and examine your vehicle. They will also review your medical records, your expenses and lost wages to provide an accurate picture of how the accident has affected you. While you wait for the police to arrive, take photos with your mobile phone. This will allow you to record the damage and skid marks on both vehicles as well as the exact location of the vehicles. If it's safe, you can exchange insurance and contact information with other drivers involved in the collision. Note down each person's name, address, telephone number and insurance company, policy numbers, and driver's license information. Also note the car's model year, year and license plate number. It's tempting to blame another driver in the heat of the moment but this could be a backfire. Keep your cool and don't admit to fault or guilt. It is also recommended to collect the names and phone numbers of witnesses to the collision, if you can. Negotiating the Settlement The process of negotiating the settlement of a car crash claim can be difficult and a bit frustrating, especially when you're dealing with costs for medical expenses and lost wages. Fortunately it is possible to speeded up by hiring a skilled lawyer to manage all negotiations with the insurance company on your behalf. An lawyer will better understand the law, calculate the total amount of damages you have suffered, and know what to expect during settlement negotiations with an insurance company. The first step in the settlement process is to draft your demand letter, which includes your request for the amount that you need to cover your injury and expenses. Your lawyer can assist you create this list and include any other documents that support your request. If you have sent pictures of your car or injuries that were especially severe to the insurance adjuster, your lawyer will include them in negotiations. In addition, your attorney will remind the adjuster of your suffering and damages which are based on the emotional distress and mental stress you've suffered as a result of the accident. Insurance companies will consider your claim more seriously if engage an attorney to negotiate an agreement on behalf of you. They may also give you a higher settlement. If the insurance company refuses to provide an acceptable settlement, your lawyer will bring a lawsuit and fight for you in court.