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Tips For Filing a Car Accident Claim In states without no-fault insurance you could be required to sue the driver in a small claims court. Before taking this step, you should consult with an experienced accident lawyer. The other party's insurer will examine your claim and determine the liability for the collision. They will then award compensation for your injuries and car damage, as well as the losses resulting from pain and suffering. The process typically involves the following steps. Gathering Information Take pictures of the vehicles involved in the crash. Include any injuries or damage. These photos will help verify that the accident occurred as you described. Take pictures of the site of the accident, including any skidmarks, debris or skid marks. If possible, it's important to get the names, addresses and phone numbers of eyewitnesses. auto accident attorneys ontario might be able later to testify about what happened and who is responsible. In some cases, eyewitness testimony can be the most valuable piece of evidence in a case. Note down the insurance details of all the parties involved. You will need the insurance company name, policy number and contact information, as well as the driver's name and license plate number. This information should be gathered as soon as you can to avoid any issues or confusion later on. Documentation of medical expenses and treatment is also very useful to support claims. In keeping receipts for prescription pain medications and other expenses incurred as a result of the accident can help prove the damages that are claimed in the claim. Also, if you are in a position of being unable to work because of the injuries you sustained, it is vital that you keep an eye on your lost wages. Filing the Claim It is recommended to file a claim as soon following the accident as in the event that you are able. This allows the insurance company to review your documents and get started. This will ensure that you meet the New York law deadlines for filing your claim. When you file an insurance claim for a car it is necessary to provide details about the accident as well as any injuries you suffered due to it. The information you provide will be used to calculate damages, which includes compensation for medical expenses, loss of wages, damage to property and discomfort and pain. If required the insurance company will have to determine who is at fault. The final police report may be helpful for this. However it is essential to keep in mind that determining fault is not always easy. In some instances, even if you think the crash was your fault other factors could have contributed to the crash. New York, for example, is a state that has a comparative negligence system. This means that the amount of damages you incur is reduced by the proportion of your fault. The insurance company will assign an adjuster for case. You should bring your lawyer with you when you talk to the adjuster. They'll be able to provide an objective viewpoint and assist you negotiate an equitable settlement. If you cannot reach an acceptable settlement, it may be necessary to go to trial to get the money you're due. Inspecting the damages They'll be keen to visit the scene of the accident to see the scene. They will probably interview you and other parties involved in the collision, talk to witnesses and inspect your vehicles. They will also review your medical records, expenses, and lost wages in order to gain a better understanding of the effect that the accident had on you. While you wait for the police to arrive at the scene Try taking pictures with your cell phone. This will allow you to document the skid marks and damage on both vehicles and also the exact location of the cars. In this instance it is recommended to exchange insurance and contact information with the other drivers involved in the accident, if safe to do this. Note down each person's name address, phone number, address and insurance company, policy numbers and driver's license information. Note the make year, model, and license plate number. In the heat of the situation, it can be tempting to point the finger at another driver. However, this could backfire. Be calm and don't admit fault or guilt. It's also a good idea to gather the names and phone numbers of witnesses to the accident, if it is possible. Negotiating the Settlement Settlement negotiations for an accident in the car can be stressful, particularly when you must deal with expenses for medical treatment and lost income. Engaging an experienced lawyer to conduct all negotiations on behalf of you with the insurance company could expedite the process. An attorney can better know the law, calculate the total amount of damages you have suffered, and know what to anticipate during settlement negotiations with an insurance company. The first step in the settlement process is to write an official demand letter that outlines your request for the amount you require to cover your injuries and expenses. Your attorney can assist you in assembling this information and include any relevant documents that support your demand. If you sent photos of your car or other injuries which were particularly serious to the insurance adjuster, your lawyer will be sure to mention them during negotiations. Additionally, your lawyer will remind the adjuster of your pain and damages that are based upon the emotional distress and mental anxiety you've endured as a result of the accident. If you employ an attorney to negotiate a settlement on behalf of you insurance companies take claims much more seriously and usually offer higher settlements. If the insurance company refuses to offer an equitable settlement, your attorney will make a claim and fight for you in court.