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Tips For Filing a Car Accident Claim In states with no-fault insurance you may have to sue the driver in a small claims court. Before taking this action it is recommended to consult an experienced attorney for accidents. The other party's insurer will examine your claim and determine the liability for the collision. They will then award you compensation for your injuries and vehicle damage as well as for losses such a pain and suffering. The process typically includes the following steps: Gathering Information If you're able to do so at the site of the crash, while it is safe, take pictures of all vehicles involved in the crash including the damage as well as any injuries sustained. These photographs will show that the accident took place in the manner you described it. Take pictures of the site of the accident, including any skidmarks or debris. auto accident law firm knoxville is also essential to collect the names, addresses and telephone numbers of eyewitnesses, when possible. They may be able later to testify on what happened and who was responsible. In certain cases, eyewitness testimony is the most reliable evidence in a lawsuit. Note down the insurance information of all the parties involved. You will need the insurance company name along with the policy number, contact details, as well as the driver's name and license plate number. It is important to get this information as soon as possible to avoid doubts or disputes later. Documentation of medical expenses and treatment can be extremely valuable to support the purpose of submitting a claim. Keep receipts for prescription pain medications and other expenses incurred as a result of the accident can help prove the damages claimed in the claim. If you are unable to work due to your injuries, it is vital that you keep track of your lost wages. Filing the Claim It is best to make a claim as soon after the accident as soon should you be able to. This gives the insurance company an opportunity to go through all of your documents and then get to work. This will ensure that you meet the New York law deadlines for filing your claim. You'll have to provide information regarding the incident including any injuries that you sustained. The information you provide will be used to calculate damages, including the amount of compensation for medical expenses, loss of wages, property damage and discomfort and pain. If required, the insurance company will need to determine who is to blame. The final police report could be helpful for this. However, it is important to remember that determining fault is not always straightforward. Even if you believe that the crash was your fault in a few cases, other factors may have contributed. For instance, New York is a state with a comparative fault which means that your damages will be reduced by the percentage of fault you have. The insurance company will assign an adjuster to your case. You should bring your lawyer present when you talk to the adjuster. They'll be able to provide an objective view and help you negotiate an equitable settlement. If you are unable to reach a satisfactory settlement, it may be necessary to go to trial to secure the compensation you're due. Inspecting for Damages They will want to go to the scene of the accident to witness what they can. They will probably interview you and any other participants in the collision, talk with witnesses and inspect your vehicles. They will also scrutinize your medical records, your expenses, and lost wages in order to gain a better understanding of the accident's impact on you. While you wait for police to arrive at the scene Take pictures using your mobile phone. This will allow you to record the skid marks and damage on both cars, as well as the location of the cars. In this period 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, policy number, and driver's licence details of each driver. Note the vehicle's model year, model and license plate. It's tempting to blame another driver in the midst of a crisis but this could be a backfire. Keep your cool and avoid admitting fault or guilt. It is also an ideal idea to record the names and contact numbers of witnesses who witnessed the accident, if it is possible. Negotiating the Settlement Negotiating a settlement for an accident in the car can be stressful, especially when you have to pay medical bills and income loss. Fortunately you can get the process speeded by hiring an experienced lawyer to manage all negotiations with the insurance company on your behalf. An attorney will be able to better comprehend the law, calculate the total amount of damages you have suffered, and know what to expect during settlement negotiations from an insurance company. The first step is to draft your letter of demand which includes the amount you require to pay for your medical expenses and other injuries. Your lawyer can assist you in compiling this information and include any documents to support the demand. For example, if you included the insurance adjuster's photos of your vehicle and injuries that were particularly strong and significant, your lawyer will highlight the photos during negotiations. Your lawyer will also remind the adjuster about your pain and suffering damages. These are based on the emotional stress and mental agony that you've suffered due to the accident. If you engage a lawyer to negotiate a settlement on behalf of you insurance companies will treat your claim more seriously and typically offer higher settlements. Your lawyer can file a suit if the insurance company does not agree to a fair settlement.