How to File an
Auto Accident Claim
In no-fault states your insurance company will pay for the cost of medical treatment and lost wages, regardless of who is responsible for the incident. They'll also be looking to gather evidence and examine documents (photos witnesses' testimonies, photos medical records, as well as expense reports).
The amount of compensation that you receive is contingent on the extent of your injuries and the cost of your injuries. This article will guide you through the steps to file an
auto accident lawsuit accident claim.
Report the Accident
It's important that you report a car crash promptly. In many states, you'll need to do this to the local police department county sheriff, state police, or Department of Motor Vehicles.
If you are able, take photographs of the scene of the crash. This can help you recall what happened, and can be useful in your insurance claim. Photos are a great way to display details such as skid marks and vehicle damage as well as weather conditions and other crucial details.
You should also get the information of the other driver, such as their name, insurance provider and even their address. If possible, you should ask for the driver's licence and vehicle registration.
You should also write down what you saw, and what transpired. If you don't write down the details of what transpired, you could be held responsible for injuries or damages that later become apparent. In addition, if do not report the accident your insurance company could refuse to pay for any damage resulting from it. Go through your policy, or contact your agent to determine the requirements for filing an accident report.
Get Medical Attention
After a car crash, you must seek medical attention and have your body assessed to determine if there are any injuries. You can avoid future complications by seeing a doctor as quickly as possible. It can also strengthen your case when you negotiate with the insurer.
If possible, it's best to go to the emergency room of a hospital following a car crash. This is because hospitals have access to best surgeons, physicians, and medical supplies. It can be challenging for insurance companies and defense attorneys to downplay injuries sustained in the hospital.
Injuries from car accidents can range from bruising to severe internal injuries like traumatic brain injury and paralysis. Even if you do not feel any symptoms immediately, such as stiffness or pain it is essential to consult a doctor. These records will be essential in proving that you've sustained injuries in connection with the crash.
Our Denver car accident lawyers will utilize these records to present a convincing argument that the actions of the driver at fault caused your injuries and that you should be awarded fair damages for your injuries.
Take Pictures
Take pictures of the accident scene as soon as you can, ideally before the police arrive. If you can take pictures of the damaged vehicle from various angles. It is also essential to get close-up images of the vehicle and any other evidence that could be crucial (such as shattered glass or airbags deployed) when you are able to do so. If you can't get closeups of the vehicles you can place an object, such as a penny inside the photo to give it scale. You can also snap photographs with or without flash to reveal more details.
Also, you should take photographs of any injuries that you sustained during the accident. Bruises, cuts and scrapes will fade with time, so the pictures will be a great proof of your injuries in the future. Additionally, it is recommended to take pictures of as many other relevant details of the incident as you can (such as street signs, traffic lights and weather conditions as well as road debris) because these details could aid in constructing a more precise picture of what transpired.
Contact Your Insurance Company
Contacting your insurance company is important regardless of whether or not you are planning to file a claim in the event of a car accident. Your policy may require you to make this call, and even if it does not, your attorney will need records of your losses (like medical expenses and repair costs) to prove your claims.
Besides getting your own vehicle's information and identifying any other drivers involved in the incident, you should also collect any other relevant information you can at the scene, suggests Luna. Ask to see the insurance card of the other driver and ensure that you have their name, the address, number, and information about their car insurance (company or
auto accident policy numbers). If there are witnesses, try to find their names and contact numbers as well.
It's crucial to remain calm, even while the last thing you'd want to do following an accident is to fight with insurance companies. Anything you say when emotions are high could be used to your disadvantage later on. It is best to let an attorney manage the negotiations. They can make sure that you don't say anything that could be later used against you.
Contact an Attorney
A seasoned attorney can assist you in negotiating with the insurance company to obtain an equitable settlement. They will review the medical bills and records, and often consult with a physician to offer their opinion regarding the extent of your injuries. If you fail to provide them with complete and accurate documentation, they will not give you a fair value.
In addition to pursuing economic losses, like medical bills and lost wages, you may also be entitled to non-economic damages for suffering and pain. If the court finds that the other driver was negligent, reckless or acted with a high degree of, recklessness or malice it could decide to award punitive damages.
You will need to inform the police if the driver at responsible fled the scene. You can also request the copy of the crash report from the precinct or on the internet. This will be needed to make a claim in a lawsuit, or a no-fault case. New York has specific laws that govern
auto accidents. A knowledgeable attorney can explain these rules.