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How to File an Accident Claim
If you're involved in an accident, you'll want to keep as much information as possible for your insurance company. This will enable you to get the compensation you deserve.
When your insurance company evaluates the damage to your vehicle, they can choose to either repair it or reimburse you for actual cash value (ACV) in the event that it is not economically feasible to fix the damage.
1. Call the Police
If you don't have a policy on your car that specifically doesn't require you to contact police in accidents it is recommended to be able to report car accidents. Even if the damage is minor the police will draft an official report of the accident that can be useful when filing insurance claims or seeking a lawsuit against the responsible party.
The police will conduct an exhaustive investigation, talking to all the parties involved and any witnesses. They will also determine who was at fault. In addition to capturing the evidence found at the scene of the accident, a police officer's opinion about what happened and who was at fault is extremely helpful when seeking compensation from an insurance company or in court.
While it is possible submit a claim to your insurance company without the need for a police report, this could make it harder to prove negligence or receive an appropriate settlement. If you are in an accident that causes injuries, it's especially important to contact the police. This will not only satisfy your legal obligations, but will also aid you in settling an action against a driver.
If the other driver refuses to allow you to verify their details, this is a red flag that something may be amiss. Contact the police to confirm that everyone is being truthful and to stop tempers from getting out of hand in a stressful time.
Make sure you inform the police of the details of your incident and give them the information they require. Any statements you make can end up in the official police report, which could be used against you in the insurance claims process or in an appeal. It's also not a good decision to agree not to call the police following an accident that results in injury. This could lead to suspicions and may end up in the courtroom. If you have any questions about whether or not to report an accident to police, contact a Bronx personal injury lawyer. Your insurance policy may require it even in the absence of law.
2. Gather Information
Once it is safe to do so, begin collecting details regarding the incident. This could include photos of the damage to your car and license plate numbers, the timing of the day, weather conditions and road angles. It is also important to obtain the names and contact numbers for any witnesses. Be careful what you say. Any statements made at the accident scene can come back and haunt you for years to come.
The insurance company wants to determine who is responsible for the accident. This is usually determined by looking at state laws that define fault and looking at the facts of the incident. The report will be based on the reports of all parties involved including the police and witnesses.
The insurance company will require information whether there were any injuries triggered by the accident. It is crucial to keep all medical bills and records and any reports from physicians that relate to the injury. The insurance company might want to obtain medical records and doctor's notes reviewed by an independent medical examiner (IME).
It is essential to have an estimate of repairs when your vehicle has been damaged during an accident. Giving these estimates to the insurance company will help them determine the real cash value of your car which will serve as a basis for the amount they'll reimburse you for your loss.
Damages are usually divided into two categories, special and general. Special damages are ones that can be quantifiably measured such as medical expenses and lost wages. General damages are more difficult to quantify like pain and suffering. A proof of the amount of both damages is essential for a successful claim. Having all of this information will make it much simpler to file an insurance claim. You can accomplish this by calling your agent, completing an online claim form, or via an app, or by talking to one of their representatives over the phone.
3. Contact Your Insurance Company
You will be asked by many insurance companies to provide documentation concerning the accident. This includes medical records and receipts for expenses related to your injury, as along with evidence of the loss of income because of time working. The insurance company will also need to look over your vehicle and the damage caused by the accident. The insurer will analyze the information to determine the amount of your claim, and then issue a check for compensation.
When you talk to your insurance company, it is crucial to state the facts about what happened without being influenced by emotion. Also, you should avoid engaging in a heated discussion with the representative as this could exacerbate your situation. You should also be aware of any injuries you have sustained, and only divulge this information after your physician has confirmed the injury.
Depending on where you reside the deadline for submitting an accident report to your insurer may vary. In New York, which is considered to be a no-fault state your auto insurance will protect you up to a certain limit for personal injury and damage to your vehicle, regardless of who is at fault for the incident. It is crucial to call your provider as soon after the incident as soon as you can.
Typically, your insurance provider will pass the report of your accident to the department responsible for claims. You will then receive a letter informing you that the report has been received and is being processed. Often times you will receive a timeframe provided to you by the insurance provider for when they will expect to have the damage fixed or the amount for your injury paid.
Make sure you are aware of these deadlines and adhere to the deadlines strictly. If you're not happy with the outcome of your case, accident it's always a good idea to speak to an attorney regarding your options. They can help you determine whether an appeal is possible and also help ensure that your rights are protected.
4. Contact an Attorney
It is important to file a claim immediately if you are involved in an accident or damage to your car or home, as well as any other property. If you've suffered an injury, it is recommended that you also file an claim. This is a requirement of many insurance policies. Failure to do so could result in your insurer rejecting your claim, or increasing the cost of your insurance.
Insurance companies usually have a staff member or two that will collaborate with you to analyze your claims. This may involve arranging for an adjuster who will inspect the damage to your vehicle, for instance. If you decide to take this route, it's essential to take photographs and videos of the damage, if it is safe to do so without endangering yourself or others, as it will help your case immensely.
Next, you must be sure to adhere to the deadlines outlined by your state or insurance company. If you're not sure what you should do get an attorney's advice. is knowledgeable of the rules and regulations as well as the policy you have.
An experienced car accident lawyer can assist you in determining what kind of insurance coverage you have available and the amount of compensation you may be entitled to receive. Your Slater & Zurz attorney will also have experience with settlements with insurance companies and knows the strategies employed by insurance companies to decrease their payouts, which can save you a significant sum of money.
A lawyer can also help you with other areas such as calculating damages, for example, for pain and suffering. Insurance companies employ complex calculations in order to determine the amount of compensation they will pay to an injured person who has suffered non-monetary losses. An experienced attorney is familiar with these methods and any precedents that might apply to your case. In many instances, an experienced attorney will be able gather all the evidence needed to prove your case and file a lawsuit against the party at fault on your behalf in order to receive the compensation you are entitled to and require.