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Car Accident Claim Filing Guide

When you are driving on freeways, or anywhere for that matter, there is always the risk of getting involved in an accident. Driving in itself is a risky proposition, so it is important to know how to file an accident claim.

Whether it is a small scrape or an accident involving a major injury, it is important to know the steps you need to take immediately after. Ideally, the first thing you should do is call the police after a car accident and file a police report, after which you can file a claim for the car accident with your insurance company and also with the other party’s insurer. The claim would ensure that you get compensated for the damages, medical expenses, and even the lost wages. Getting compensation for a passenger in a car accident injury case is also crucial.

Inform Your Insurance Company

When filing an accident claim with your insurer, they manage everything from reimbursement to repairs. Your insurance provider can assist with covering medical bills and vehicle repairs, although a deductible may be required. Insurers prefer you file a claim with them, particularly if you’re deemed at comparative fault or in ‘no-fault’ cases for medical expenses.

If the other driver is at fault, your insurer handles reimbursement for car repairs. They then negotiate with the other driver’s insurance for reimbursement and possibly your deductible. Whether you get a portion or full reimbursement depends on the accident report, specifics, your insurance policy,fault determination, damage assessment, negligence proof, coverage limits and state laws.

Choosing to handle repairs independently allows you to report the incident without filing a claim. If you own the vehicle and opt not to repair, filing a claim may not be necessary. However, informing your insurer is advisable, especially if the other driver lacks sufficient insurance or denies responsibility.

Contact your claims adjuster or insurer promptly to report the accident, providing details like the involved vehicle, driver, accident location, time, a brief description, damage severity, and the other driver’s name and insurance information. Collect names and contact details of others involved and witnesses. Note the claim number and the person’s name and direct phone number for future reference.

Gather Evidence

Get ready to file an insurance claim by gathering information about the accident so you can answer your insurer’s questions.

While you’re at the scene, document what happened:

  • Take photos of your car and any others involved in the accident, making sure to capture all visible damage and the cars’ license plates.
  • Take photos of any damaged property and the wider scene of the accident.
  • Take down the names, phone numbers, addresses and insurance information of everyone involved in the wreck.
  • If you can, write a brief summary of the accident.
  • If the police arrived at the scene, make sure you get a copy of the police report and police statement.
  • If possible, take down the contact information of any witnesses to the accident. Their perspective might help your insurer address your claim.

When documenting a car crash claim, be as thorough as you can. Even if you have an amazing memory, details can get twisted or lost over time, and your claim documentation will come in handy when you are speaking with a representative from your insurance company.

Use Photographic Proof

The most valuable tool after a car accident is your cell phone. Capture photographic evidence by taking pictures of your vehicle’s damage and that of others involved, documenting license plates, and portraying road conditions, including factors like ice, rain, or snow. Extend your documentation to encompass contributing elements such as nearby intersections and road signs. Don’t forget to photograph other drivers’ insurance ID cards. Your phone should date stamp and record the time the photos were taken. You should also note the names and phone numbers of any witnesses. This photographic proof can serve as invaluable documentation for any ensuing legal or insurance proceedings.

Submit Required Documents to the Insurer

To complete your car insurance claim process, the insurer will gather essential evidence, including (but not limited to):

  • Car accident insurance claim Form: The document outlining details of the accident and your claim.
  • Recorded Statement: If provided, your verbal account of the incident.
  • Statements of Others: Accounts from the other party involved and any witnesses.
  • Vehicle Inspection: An examination of your vehicle’s damage.
  • Accident Scene Photos: Visual documentation of the accident site.
  • Damage Reports: Documentation from auto repair shops detailing necessary repairs.
  • Medical Bills: Invoices for medical treatment related to the accident.
  • Medical Records and Reports: Official reports documenting your injuries and treatment.
  • Evidence for Lost Wages: Documentation supporting claims for income loss.
  • Social Media Posts: Potentially relevant content from your social media, if applicable.

 

Submitting these documents aids in a thorough assessment of your claim, providing the insurer with a comprehensive understanding of the incident’s details and the impact on you.

Contact A Car Accident Lawyer At Gregory Spektor & Associates P.C.

With this, we have covered everything you need to know about filing auto accident claims. If you are dissatisfied with the final car accident settlement of your claim, you can reach out to Gregory Spektor & Associates for legal assistance and legal consultation. 

Our experienced car accident lawyers in New York will be able to resolve any issues you might be facing in the claim filing, proceeding with the car accident lawsuit, legal representation in court and the settlement negotiation process. If you have any questions or doubts, you can contact us today!

About The Author

Gregory Spektor

Gregory Spektor

Gregory Spektor, Esq. received his Bachelor of Science in Computer Engineering Degree from NYU Poly in 1994 and thereafter his Juris Doctor Degree from Touro College Jacob D. Fuchsberg Law Center in 2006. more…