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How Is a Car Accident Claim Supposed to Be Filed?

car accident lawyer South Ozone Park

How Is a Car Accident Claim Supposed to Be Filed?

Following a car accident, you’ll have to file a car accident claim with your insurance provider so you can seek damages. You’ll be seeking damages from your insurance provider, regardless of who’s at fault for the accident, because New York is a no-fault insurance state. But how is a car accident claim supposed to be filed? For the answer to this question and answers to other frequently asked questions regarding how car accident claims are supposed to be filed, read through the sections below. We provide most affordable car accident lawyer South Ozone Park services!

Call us at 1-800-HURT-511 to see what your options are following a car accident. Our car accident lawyers in South Ozone Park are the best around, and that’s why car accident victims throughout the Five Boroughs come to us when they need legal assistance.


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

In New York, a car accident victim has no more than three years to file a claim. However, because New York is a no-fault state, you must notify your insurance provider of an accident within 30 days of it occurring. Similarly, if you’re involved in an accident that involves a state vehicle, you’ll need to file a claim with the right agency within 30 days. On the other hand, if an accident victim succumbs to their injuries, their beneficiaries will have two years to file a wrongful death suit.

Should I Seek Medical Aid Before Filing a Claim?

Seeking medical aid before you get the claim process in motion is a good move for a variety of reasons. Your accident-related injuries will need to be formally documented, and you’ll need to be made aware of injuries that are likely to present later on. Don’t worry about medical bills right away, as if you receive an award, a portion can be used to cover medical bills.

Having medical records ready to go, along with assistance from a skilled and experienced car accident lawyer, is the ideal way to launch a car accident claim, and being prepared throughout the claim process will go a long way.

Do I Need to Have a Copy of the Police Report When I File a Car Accident Claim?

While having the police report ready before you file a car accident claim is not required, it’s best to have the police report ready before you file a claim. Your insurance provider may ask for information that’s provided in the police report, which you’ll be able to give if you have a copy handy. If you don’t have one, it’s not the end of the world—don’t make not having the report be the reason why you delay filing a claim. Your lawyer will be able to get a copy of the police report, or your insurance provider can get a copy on their own after you notify them of the accident.

Should I Reach Out to My Insurance Provider by Myself?

No, you should not reach out to your insurance provider by yourself. Before you notify your insurance provider that you were in a car accident, you should have already enlisted the services of a car accident lawyer. Getting help from a lawyer before you initiate the claim process will help ensure you don’t make any mistakes during your first interaction with your insurance provider.

Your lawyer will walk you through what you have to say, and they’ll make sure you don’t admit fault unknowingly. Your insurance provider’s priority is paying you as little as possible, and they’ll look for any opportunity that ensures they can keep costs low. A lawyer will remind you of this throughout the process to ensure you don’t cave and accept a lowball settlement.

What Happens After the Car Accident Claim Process Begins?

Once the car accident claim process begins, your insurance provider will launch an investigation to get down to the bottom of what happened. At the same time, your lawyer will be pursuing evidence so they can clearly demonstrate how much fault, if any, you bear in causing the accident. Eventually, your lawyer and your insurance provider will begin negotiating a settlement, and negotiations can take months.

When a settlement is reached, you will be asked to sign a form, wherein you pledge that you won’t bring further legal action over the car accident. Once your form is received, your insurance provider will cut a check to your lawyer, and then your lawyer will release the money to you after they take their share of the award.

What Mistakes Should Be Avoided When Filing a Car Accident Claim?

During a car accident faq claim, every interaction with your insurance provider can be high-stakes. You may make a mistake unknowingly, and a simple mistake like giving your insurance provider too much information can jeopardize your claim. Below are the common mistakes you need to avoid during the claim process:

  • Admitting fault
  • Sharing too much information with your insurance provider
  • Delaying initiation of the claim process
  • Letting your insurance provider take the lead
  • Posting about your claim on social media
  • Accepting a lowball settlement

What Causes a Car Accident Claim to Go to Court?

A variety of factors can cause a car accident claim to end up in court, including:

  • Your insurance provider refuses to offer you a fair settlement.
  • Your lawyer and your insurance provider can’t agree on the degree of fault you bear.
  • Your lawyer thinks it’s a good idea for your case to be heard in front of a jury.

Keep in mind that the vast majority of car accident claims (95%) get settled out of court. Your lawyer will know this, and they’ll fully understand the significance of bringing your claim to court.

How Will a Car Accident Lawyer Help Me With Filing a Car Accident Claim?

A car accident lawyer will provide a range of useful services when you file a claim. They will negotiate on your behalf, gather evidence for you, and represent your position in court (should your claim end up there). Additionally, they’ll ensure you seek a fair total damages figure.

Reach out to our car accident lawyers in South Ozone Park now! The initial consultation is free, and we’d love to help you seek fair compensation following a car accident.fa

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