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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. You should consider retaining an experienced lawyer for accidents prior to taking this step. The insurance company of the other party will investigate your claim and determine the liability for the collision. They will then award you compensation for your injuries and car damages as well as the losses resulting from pain and suffering. The process typically involves the following steps. Gathering Information If you are able to do it at the scene of the collision while it is safe to do so, take pictures of all the vehicles involved in the crash, including the damage and any injuries incurred. These photos can be used to verify that the accident occurred in the manner you described it. Additionally, take photographs of the scene including any skid marks or debris that are visible. It is also essential to get the names, addresses and telephone numbers of eyewitnesses, if possible. They could be later able to testify about what happened and who was responsible. In some cases eyewitness testimony could be the most valuable piece of evidence in the case. Take down the insurance information of everyone who were involved in the accident. You'll need the insurance company name as well as the policy number and contact information, along with the driver's name and license plate number. It is important to get this information as soon as possible could prevent disputes or confusion later on. Documentation of medical expenses and treatments can prove valuable in any claim. Maintaining auto accident law firm spokane valley for prescription pain medication and other expenses caused by the wreck could support the damages that are claimed in the claim. If you're unable to work due to an injury, you must keep all the lost wages. Claim Form It's best to start a claim as quickly after the accident as possible should you be able to. This gives the insurer the chance to review all of your paperwork and get to work. It will also ensure that your claim will be processed within the deadlines stipulated by New York law. You'll have to provide information about the accident including any injuries you may have sustained. This information is used to calculate damages. This includes the amount of compensation for medical expenses, lost wages, property damage, and pain and discomfort. The insurance company will need to determine fault, if necessary. It is beneficial to have the final police report available for this purpose. It is important to remember that determining the cause of the crash isn't always an easy task. Even if you believe that the crash was your fault in some cases, other factors may have contributed. New York, for example is a state which has a comparative negligence system. This means that your damages are reduced according to the percentage of your fault. The insurance company will assign a case adjuster. You should have your lawyer with you during your conversation with the adjuster. They can offer an impartial perspective and assist you negotiate a fair settlement. If you cannot reach an acceptable settlement, it might be necessary to go to court to receive the compensation you deserve. Inspecting for Damages They'll want to go to the scene of the accident to witness for themselves. They'll likely question you as well as any other participants involved in the accident, speak to eyewitnesses, and look over your vehicle. They will also look over your medical records, your expenses and lost wages to get an understanding of how the accident has affected you. While you are waiting for the police to arrive, snap photos with your mobile phone. This will allow you to document the skid marks and damage on both vehicles, as well as the location of the vehicles. In this period, you should make sure to exchange contact information and insurance details 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. Also note the vehicle's make year, year and license plate number. In the midst of a situation, it may be tempting to blame the other driver. However, this can backfire. Be calm and avoid admitting fault or guilt. It is also an ideal idea to record the names and telephone numbers of witnesses who witnessed the accident, if they are able to. Negotiating the Settlement Settlement negotiations for a car accident can be stressful, especially when you have to pay medical bills and lost income. Hiring an experienced attorney to conduct all negotiations on behalf of you with the insurance company can make the process easier. An attorney can better understand the law, calculate your total damages, and know what to expect during settlement negotiations from an insurance company. The first step in the settlement process is to prepare an offer letter that contains your demand for the amount you need to cover your injury and expenses. Your lawyer can assist you in compiling the information, and include any relevant documents to support the demand. For instance, if provided the insurance adjuster with photos of your vehicle and injuries that were especially strong the lawyer will refer to 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 you have suffered as a result of the accident. Insurance companies will consider your claim more seriously if you engage an attorney to negotiate a settlement on behalf of you. They may also offer a higher settlement. If the insurance company refuses to offer an acceptable settlement, your lawyer will file a lawsuit and advocate for you in court.