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Tips For Filing a Car Accident Claim In states that haven't adopted no-fault insurance, you may be required to file a lawsuit against the other driver in a small claims court. You should consider hiring an experienced accident lawyer prior to taking this step. auto accident attorneys omaha for the other party will investigate your claim to determine the liability for the collision and compensate you for your injuries, car damage and losses such as pain and suffering. The process typically involves the following steps. Gathering Information Take pictures of the vehicles involved in the crash. Include any damage and injuries. These photographs can help verify that the accident occurred in the manner you described it. Also, take pictures of the accident scene itself including any skid marks or debris which are present. It is also important to obtain the names, addresses and phone numbers of eyewitnesses if possible. They might later be able to testify about what happened and who is responsible. In certain instances eyewitness testimony may be the most important evidence in a case. Note down the insurance information of all the parties involved. You'll need the insurance company name along with the policy number, contact information, as well as the driver's name and license plate number. These details should be obtained as soon as possible to avoid any confusion or disputes later on. Documentation of medical expenses and treatments can be helpful to a claim as well. Keep receipts for prescription medications and other costs related to the accident. This could be helpful in proving the damages you claim. Also, if in a position of being unable to work because of your injuries, it is crucial to keep track of your lost wages. Filing the Claim If you have the ability to file a claim it is recommended to submit your claim as quickly as you can after the accident. This will allow the insurance company to examine your documents and get started. It will also ensure that your claim will be processed within the deadlines stipulated by New York law. You'll need to provide details regarding the incident, including any injuries you sustained. This information is used to calculate damages, which includes reimbursement for medical expenses, loss of wages, property damage as well as pain and discomfort. If necessary, the insurance company must to determine who is to blame. It can be helpful to have the final police report to aid in this process. It is essential to remember that determining who is to blame is not always an easy task. Even if you believe that the accident was your fault in a few cases, other factors could have contributed. New York, for example is a state in which there has a relative negligence system, which means your damages are reduced according to the proportion of your fault. The insurance company will assign an adjuster to your case. It's a good idea to have your lawyer with you when you speak to the adjuster. They can offer an impartial perspective and assist you to negotiate an acceptable settlement. If you're unable find a solution that is acceptable, you may have to take your case to court to get the money you deserve. Examining the damages They will be keen to visit the accident scene to see the scene for themselves. They'll likely speak with you and the other parties involved in a crash, speak to eyewitnesses, and look over your vehicle. They will also review your medical records, expenses and lost wages to obtain a more precise picture of the effect that the accident had on you. While you wait for police to arrive at the scene, try to take pictures with your cell phone. This will allow you to document skid marks, locations of both vehicles and the extent of damage, and the presence of any obstructions. In this period, you should exchange contact and insurance information with other drivers involved in your accident, if safe to do this. Jot down each person's name address, phone number, address and insurance company, policy numbers and driver's licence information. Note the vehicle's make year, model and license plate. In the heat of the situation, it can be tempting to blame another driver. However, this can backfire. Keep your cool and don't admit fault or guilt. It is also recommended to collect the names and numbers of eyewitnesses who witnessed the accident, if it is possible. Negotiating the Settlement The process of negotiating the settlement of a car crash claim can be difficult and a bit frustrating, especially if you're dealing with medical bills and lost wages. Fortunately you can get the process speeded by hiring an experienced lawyer to handle all negotiations with the insurance company on your behalf. An lawyer will have a better understanding of the law and the best way to calculate the total amount of your losses and damages and what to expect from an insurance company during settlement negotiations. The first step is writing a demand letter that includes the amount you require to cover your costs and injuries. Your attorney can assist you in compiling this information, and include any documents to support the request. If you have sent pictures of your vehicle or any injuries that were especially severe to the insurance adjuster, your lawyer would include them in 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 experienced as a result of the accident. If you engage a lawyer to negotiate a settlement on your behalf Insurance companies take claims more seriously and typically offer higher settlements. If the insurance company refuses to provide a fair settlement, your lawyer will file a lawsuit and advocate for you in court.