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Tips For Filing a Car Accident Claim In states that do not have no-fault insurance, you may have to sue the driver at a small claims court. Before you take this action you should speak with an experienced attorney for accidents. The other party's insurance provider will investigate your claim to determine liability for the collision and provide compensation for your injuries, car damage, and losses such as pain and suffering. The process usually involves the following steps: Gathering Information Take photographs of the cars involved in the accident. Include any damage and injuries. The photos you take can help to prove that the crash occurred as you have described. In addition, take pictures of the scene, including any skid marks or other debris which are present. It is also essential to get the names, addresses, and telephone numbers of eyewitnesses if possible. They might be able later to testify about what transpired and who was at fault. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit. Note down the insurance information of all the parties involved. You'll need the insurance company name as well as policy number and contact details, as well as the driver's name and license plate number. auto accident attorneys michigan should be obtained in the earliest time possible to avoid confusion or disputes later. Documentation of medical treatment and expenses can be valuable to an insurance claim too. In keeping receipts for prescription pain medications and other expenses related to the wreck could support the damages that are claimed in the claim. Also, if you are in a position of being unable to work because of injuries, it's vital that you keep records of the wages you lost. Filing the Claim If you are able to file a claim, it's best to make your claim as soon as you can following the incident. This will allow the insurer to review your paperwork and get to work. It will also ensure that your claim is in compliance with the deadlines set by New York law. You'll have to provide information regarding the incident including any injuries you may have sustained. The information you provide will be used to calculate damages, such as compensation for medical expenses, loss of wages, damage to property and pain and discomfort. The insurance company will be required to determine the source of fault, when necessary. The final police report could serve as a reference point. It is important to remember that determining who is to blame isn't always a simple task. In some cases, even if you think the accident was your fault other factors could be responsible for it. For example, New York is a state that is a comparative fault one, which means that your damages will be reduced by the percentage of fault you have. The insurance company will assign an adjuster for cases. It's a good idea to bring your lawyer along while you speak with the adjuster. They can provide a neutral perspective and help you negotiate a fair settlement. If you're unable find a solution that is satisfactory, you may need to take your case to court to get the money that you deserve. Inspecting for Damages They'll want to visit the scene of the accident to witness what they can. They'll likely interview you and the other parties involved in the crash, speak to eyewitnesses, and inspect your vehicle. They will also look over your medical records, expenses and lost wages to get clear information about how the accident affected you. While you wait for police to arrive Try taking pictures with your cell phone. This will allow you to document skid marks, locations of both vehicles, their extent of damage, as well as the presence of any obstructions. In this instance, you should exchange contact and insurance information with other drivers involved 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 information of each person. Note the make year, make and license plate number. In the midst of a situation, it can be tempting to blame another driver. However, this can backfire. Be calm and don't admit to fault or guilt. If you can, it's a good idea to gather the names and contact numbers of anyone who witnessed the collision. Negotiating the Settlement The process of negotiating the settlement of a car crash claim can be stressful and frustrating, especially if you're dealing with costs for medical expenses and lost wages. Fortunately, the process can be speeded by hiring an experienced lawyer to handle all negotiations with the insurance company on your behalf. An lawyer will better know 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 compose your letter of demand which includes the amount you need to pay for your injuries and expenses. Your lawyer can assist you in assembling this information and also include any other relevant documents to support your request. For instance, if for example you sent the insurance adjuster photos of your car and injuries that were especially strong the lawyer will refer to 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 you have experienced because of the accident. If you engage an attorney to negotiate a settlement on your behalf insurance companies take claims with greater care and generally offer higher settlements. The lawyer will bring a lawsuit if the insurance company refuses to pay a fair settlement.