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Tips For Filing a Car Accident Claim In states that have not adopted no-fault insurance, you might have to sue the other driver in a small claims court. Before you do this, you should consult with an experienced accident lawyer. The insurance company for the other party will investigate your claim to determine liability for the collision and compensate you for your injuries, car damage and other losses like pain and suffering. The process typically includes the following steps: Gathering Information Take photos of the vehicles involved in the crash. Include any injuries or damages. These photos can be used to prove that the accident happened as you described. Photograph the site of the accident, including any skidmarks or debris. If you can, it is important to obtain the names, addresses and telephone numbers of witnesses. They may be able to witness later in the case about what caused the accident and who was responsible. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit. Note down the insurance information of all parties involved. You'll require the insurance company's name, policy number and contact information, along with the driver's name and license plate number. If you get this information as early as possible could prevent conflicts or confusion later. Documentation of medical bills and treatment can be extremely valuable in claims. Keep receipts for prescription medications as well as other expenses resulted from the accident. This could be helpful in proving the damages you claim. If you're unable to work due to an injury, you must keep an eye on any lost wages. Claim Form It's best to make a claim as soon after the accident as soon in the event that you are able. This will allow the insurance company to examine your documents and get started. This will ensure that you are in compliance with the New York law deadlines for filing your claim. You'll have to provide information about the accident including any injuries that you may have sustained. This information is used to calculate damages. This includes compensation for medical expenses loss of wages, property damage as well as discomfort and pain. If required the insurance company will have to determine who is the culprit. The final police report may be helpful in this regard. It is essential to remember that determining the cause of the crash is not always an easy task. Even if you believe that the crash was your fault in some circumstances, other factors could have contributed. New York, for example is a state which has a comparative negligence system, meaning the amount of damages you incur is reduced by the proportion of your fault. The insurance company will assign an adjuster to your case. It is recommended to bring your attorney present when you meet with the adjuster. They'll provide an objective viewpoint and assist you negotiate an equitable settlement. If auto accident lawyer dothan 're not able to find a solution that is acceptable, you may have to go to court in order to receive the money you are entitled to. Inspecting for Damages They will want to visit the scene of the accident to witness for themselves. They will probably interview you and other parties involved in the crash, talk to eyewitnesses and look at your vehicles. They will also scrutinize your medical records, your expenses, and lost wages to gain a better understanding of the accident's impact on you. While you wait for police to arrive Try taking pictures with your cell phone. This will help you document skid marks, locations of both vehicles, their degree of damage, as well as the presence of any obstructions. If it's safe you can exchange contact and insurance information with other drivers involved in the accident. Jot down each person's name address, phone number, address and insurance company, policy numbers, and driver's license information. Note the make year, year and license plate. It's tempting to blame another driver in the midst of a crisis but this could end up backfiring. The words you say can be used against you in court, so keep your cool and avoid admitting any guilt or fault at the scene of the collision. It is also a good idea to gather the names and contact numbers of witnesses who witnessed the collision, if you can. Negotiating the Settlement Settlement negotiations for a car accident is difficult, especially if you have to deal with medical bills and income loss. Fortunately the process can be speeded up by hiring a skilled lawyer to handle all negotiations with the insurance company on your behalf. An attorney will have a greater understanding of the law and how to calculate your total losses and damages and what you can expect from an insurance company in settlement negotiations. The first step is to draft a letter of demand that contains the amount you require to pay for your medical expenses and other injuries. Your attorney can assist you in compiling the information, and also include any other relevant documents that support your demand. For instance, if you included the insurance adjuster's photos of your vehicle and injuries that were particularly serious your lawyer will make mention of those during negotiations. Your attorney will remind the adjuster of the damages you suffered due to pain and suffering. These are based on the emotional stress and mental agony that you've endured as a result of the collision. Insurance companies will take your claim more seriously if you engage an attorney to negotiate a settlement on behalf of you. They will also offer a higher settlement. Your lawyer will pursue a lawsuit if an insurance company refuses to offer a fair settlement.