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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. You should consider retaining an experienced accident lawyer before making this decision. The other party's insurance provider will investigate your claim to determine the liability for the collision and provide compensation for your injuries, car damage, and other losses, such as pain and suffering. auto accident law firm texas involves the following steps. Gathering Information If you are able to do this at the scene of the collision while it is safe you should take photos of all the vehicles involved in the accident including the damage as well as any injuries that were sustained. The photos you take can help to prove that the incident took place as you've described. Photograph the scene of the accident, and include any skidmarks or debris. It is also important to collect the names, addresses and telephone numbers of eyewitnesses, when possible. They may be able be later called in to testify about the cause of the accident as well as who was responsible. In some cases eyewitness testimony is the most valuable evidence in the course of a lawsuit. Get the insurance information of all the parties involved in the crash. You will require the name of the insurance company as well as 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 can avoid conflicts or confusion later. Documentation of medical bills and treatment could be extremely helpful for an insurance claim. Keep receipts of prescription medication and other expenses that were caused by the accident. This can be used to support the damages you claim. If you are unable work due to an injury, you must keep track of any lost wages. Claim Form It's best to submit a claim as fast after the incident as you can when you are able to. This gives the insurance company the opportunity to review all of your documents and get to work. It also ensures that your claim is in compliance with the deadlines stipulated by New York law. You'll need to provide details regarding the incident and any injuries you suffered. 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 needed, the insurance company must to determine who is the culprit. The final police report may be useful for this. It is essential to remember that determining the fault isn't always a simple task. In some cases, even if you think the crash was your fault other factors might have contributed to the accident. For example, New York is a state that is a comparative fault one, which means that your damages will be diminished by your percentage of fault. The insurance company will assign an adjuster to your case. It's best to have your lawyer with you as you talk to the adjuster. They'll give you an objective perspective and help you negotiate an equitable settlement. If you're unable reach a settlement that is satisfactory, you may have to go to court to get the money you deserve. Examining the damage The insurance company may want to visit the scene of the accident to see the scene for themselves. They'll likely interview you and other people involved in a crash and talk to witnesses and examine your vehicle. They will also examine your medical records, expenses, and lost wages to gain a better understanding of the accident's impact on you. While you are waiting for the police to arrive, snap photographs with your mobile phone. This will help document skid marks, the locations of both cars and their degree of damage, as well as the presence of any obstructions. If it's safe you can exchange insurance and contact information with other drivers involved in the accident. Note down the names, addresses, phone number, insurance company, policy number, and driver's license information of each driver. Also note the car's make, year and license plate number. In the midst of a situation, it may be tempting to blame the other driver. However, this could backfire. The words you say could be used against you in court So, keep your cool and avoid admitting any fault or guilt at the scene of the incident. It's also an excellent idea to collect the names and numbers of witnesses who witnessed the accident, if they are able to. Negotiating the Settlement Negotiating the settlement of a car crash claim can be stressful and difficult, particularly if you're dealing with medical bills and lost wages. Fortunately you can get the process speeded up by hiring a skilled lawyer to negotiate with the insurance company on your behalf. An attorney can better know the law, calculate the total amount of damages you have suffered and also know what to expect during settlement negotiations with an insurance company. The first step in the settlement process is to write a demand letter that includes your request for the amount you need to pay for your injuries and expenses. Your attorney can help in compiling this information, and also include any other relevant documents to support your request. For instance, if you have provided the insurance adjuster with photographs of your vehicle and injuries that were particularly severe, your lawyer will mention the photos during negotiations. Your attorney will also remind the adjuster about your damages for pain and suffering. These are based on the emotional stress and mental pain you've suffered as a result of the accident. Insurance companies will treat your claim more seriously if employ an attorney to negotiate for a settlement on behalf you. They will also give you a higher settlement. Your lawyer will start a lawsuit if the insurance company does not agree to a fair settlement.