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How Are Car Accident Claims Settled?

car accident lawyer Ozone Park

How Are Car Accident Claims Settled?

The majority of car accident claims are settled out of court, and there are a variety of reasons why settling out of court is more advantageous than going to trial. That being said, reaching a settlement may not be easy street for you and your car accident lawyer, and the process could be dragged out for several months. In short, the length of time it’ll take to settle, if you even do, really depends on the facts of your case. To get answers to the questions claimants frequently have about settling car accident claims, read on! We provide most affordable car accident lawyer Ozone Park services!

Call 1-800-HURT-511 if you’ve recently been injured in a car accident and you’re looking for best-in-class legal representation. Our car accident lawyers in Ozone Park will exhaust every option to help you get fairly compensated for injuries related to the car accident.


How Do I Start a Car Accident Claim?

Since New York is a no-fault state, you’ll have to file a claim with your own insurance provider following an accident. This is known as a first-party claim. Before you begin the claim process, you should reach out to a car accident lawyer, as with a car accident lawyer on your side you’ll be able to pursue the claim process correctly and avoid making costly mistakes. Once you have a car accident lawyer on board, you can contact your car insurance provider and get the claim process started.

How Long Do You Have to File a Car Accident Claim?

In New York, generally car accident victims have three years to file a claim. However, if you get into an accident with a vehicle that belongs to a government agency, you’ll need to file a claim with the appropriate government agency within 30 days. And if an accident results in your death, your beneficiaries will have two years from the day you die to file a wrongful death suit.

It’s best to get the car accident claim process in motion as soon as possible. Evidence depreciates, which means the longer you wait, the harder it’ll be to prove your case.

How Is Filing a Car Accident Claim in a No-Fault State Different Than Filing in an At-Fault State?

In New York, a no-fault state, car accident victims sue their own insurance providers in the wake of a car accident, regardless of who bears fault for the accident. You can receive up to your policy limit in damages, but you won’t be able to sue the other driver, just as they won’t be able to sue you. No-fault states are opposite at-fault states, and these latter states use the traditional fault system, i.e. the driver who causes a car accident is the one who bears responsibility for all damages associated with it.

What Happens During the Car Accident Claim Process?

Step One: The first step in the car accident claim process is gathering evidence. You should have essential evidence, like relevant medical records and the police report, ready to go before you file a claim, but it’s not the end of the world if you don’t have all these pieces of evidence available when you initiate the claim process.

Step Two: Now it’s time to report the accident. Do so with a car accident lawyer present. Only state the facts and refrain from speaking subjectively. It’s quite likely your car accident lawyer will walk you through what to say and what not to say before you reach out to your insurance provider.

You need to notify your insurance provider in a timely manner so they can begin their investigation. There can be consequences if their investigation is delayed. You can reach out to a representative from your insurance provider via phone or email to make a claim, or you may be able to use an app to submit a claim via smartphone.

Step Three: Cooperate with your car insurance provider once the claim process is in motion. At this point though, it’s best to let your lawyer handle things with adjusters and other representatives from your insurance provider. Your lawyer can negotiate on your behalf and save you from having to navigate headache-inducing processes. However, there will be instances when you need to interact with your insurance provider directly, but your lawyer will be by your side to make sure your interests are protected during the interaction.

Why Is Settling a Car Accident Claim Better Than Going to Court?

Settling out of court is advantageous for both parties, provided a fair settlement is reached. Going to court elongates the process and makes it more expensive for all parties involved. But just because settlement is better than going to court doesn’t mean you should take a lowball offer that your insurance provider gives you quickly. Let your car accident lawyer assess your injuries so they can come up with a precise total damages figure, and let them negotiate for you so you get the compensation you deserve.

What Happens if a Settlement Can’t Be Reached?

If a settlement can’t be reached, the claim will go to court, and here it’ll be up to a judge and jury to decide the final outcome. A mere 5% of car accident claims go to trial, as trial can be risky for the parties and it also adds more hassles. But if your car accident lawyer thinks presenting your case before a judge and jury is worth it, it’s best to trust their assessment, as they’ll make it knowing very well how rare going to trial is.

What Will a Car Accident Lawyer Do to Reach a Settlement?

Having a car accident lawyer on your side when you initiate the claim process is good for a variety of reasons. A car accident lawyer will negotiate with your insurance provider for you, and they’ll employ tactics and skills to reach a favorable outcome. They’ll also conduct evidence gathering, and they’ll be able to represent your interests in court if the claim goes to trial. And because your lawyer is not personally invested in the outcome of your case, they won’t be emotional when operating or negotiating, and a clear-headed approach will help you get fair compensation.

If you were in a car accident recently, reach out to our car accident lawyers in Ozone Park at 1-800-HURT-511. During our free initial consultation, we’ll let you know what your options are.

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