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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you may need to sue the other driver in a small claims court. Before you take this action you should talk to an experienced accident lawyer. The other party's insurer will examine your claim and determine liability for the collision. They will then award you compensation for your injuries and vehicle damage, as well as the losses resulting from pain and suffering. The process usually involves the following steps: Gathering Information Take photos of the vehicles involved in the collision. Include any injuries or damages. These photos can be used to establish that the incident occurred as you described it. Take pictures of the accident site, including any skidmarks, debris or skid marks. If possible, it's important to obtain the names, addresses and telephone numbers from eyewitnesses. They could be able testify later as to what caused the accident and who was responsible. In certain cases, eyewitness testimony can be the most valuable piece of evidence in a case. Note down the insurance information of all parties involved. You'll require the name of the insurance company along with the policy number, contact information, as well as the driver's name and license plate number. It is important to get this information as soon as you can could avoid confusion or disputes later on. Documentation of medical expenses and treatments can be extremely valuable for claims. Keep receipts for prescription drugs and other expenses that were resulted from the accident. This can help in proving the damages you claim. Also, if you are not able to work due to the injuries you sustained, it is essential to keep records of the wages you lost. Filing the Claim If you are able to file a claim, it's best to start your claim as soon as you can after the accident. This gives the insurer the chance to review all of your documents and begin work. This will ensure that you are in compliance with the New York law deadlines for filing your claim. If you are filing 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 your damages, which could include compensation for medical bills, lost wages, property damage, and the suffering. If needed 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 who is to blame is not always an easy task. In some cases, even if you think the crash was your fault other factors could have contributed to the crash. New York, for example is a state in which there has a comparative negligence system. This means that the amount of damages you incur is reduced by the percentage of your fault. The insurance company will assign an adjuster for cases. It's recommended to bring your lawyer along as you talk to the adjuster. They'll give you an objective view and help you negotiate an acceptable settlement. If you're not able to reach a satisfactory settlement, it may be necessary to go to trial to get the money you're due. Inspecting Damages They'll want to go to the scene of the crash to see for themselves. They will probably interview you and any other participants in the crash, talk to eyewitnesses and look at your vehicles. They will also review your medical records, expenses and lost wages to gain a better understanding of the impact of the crash on you. While you wait for the police to arrive, snap pictures using your mobile phone. This will allow you to document skid marks as well as the location of both cars and their severity of damage, and the presence of any obstructions. In this instance you should exchange contact and insurance information with the other drivers involved in the accident, if safe to do this. Note down the name, address, phone number, insurance company's policy number, and driver's license information for each person. Note the vehicle's make year, make, and license plate number. In the heat of the situation, it may be tempting to point the finger at the other driver. But, this could backfire. The words you say can be used against you in court and you should be calm and avoid admitting any fault or guilt at the scene of the incident. If you can, it's a good idea to also collect the names and phone numbers of any witnesses who witnessed the collision. Negotiating the Settlement The process of negotiating the settlement of a car crash claim can be difficult and frustrating, especially if you're dealing with the cost of medical bills and lost wages. Fortunately, the process can be speeded by hiring an experienced lawyer to negotiate with the insurance company on your behalf. An attorney will have a better knowledge of the law, how to calculate the total amount of your losses and damages and what to expect from an insurance company in settlement negotiations. The first step in the settlement process is to write an official demand letter that outlines your request for the amount that you need to cover your injury and expenses. Your attorney can help you gather this information and also include any other relevant documents that support your request. For example, if you sent the insurance adjuster photos of your vehicle and injuries that were especially strong the lawyer will refer to these during negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. These are based on emotional distress and mental agony that you've suffered as a result of the accident. If you hire a lawyer to negotiate a settlement on behalf of you insurance companies will treat your claim with greater care and generally offer higher settlements. auto accident attorney tampa can file a suit if the insurance company refuses to pay a fair settlement.