Any driver dreads making that call to their insurance company. Not only is it bad enough that you were just in a car wreck, now you have to start an accident claim. Car insurance claims are not an easy process.
A car accident lawyer can be a useful resource to anyone that was part of the wreck. Get the help you need to avoid these insurance claim issues.
Didn’t File a Claim?
Most people think that they don’t have to report the accident. If you or the other driver did not report the accident, there could be more serious consequences.
Anyone involved in a wreck has three years to file a lawsuit. It could take months or even years for an injury to become apparent after a car wreck. In New York it is not uncommon for people to sue a driver long after the accident.
Not filing a claim with insurance can make it extremely difficult to sue the other driver, or defend yourself. If you haven’t filed a claim, you can still contact your insurance company and notify them of the event.
If the other driver didn’t file their claim, don’t worry. If you started the claim process with your company, they would begin the process of notifying the other driver’s policyholder.
Problems with Comparative Fault
New York State is a bit unique when it comes to fault. Unlike other states, New York uses Comparative Fault, and can find a wreck as a no-fault case.
If your insurance company decided that you were partially responsible, but you feel otherwise, you need legal help. Insurance companies are all too happy to accept partial fault as it eases the payout for each company in the long run.
When it comes to battling comparative fault you’re looking for the opportunity to show that you did not contribute to the crash. A lawyer can help you push for a new evaluation of fault. They can also go through evidence and witness statements to show that you could not have avoided the crash.
Victims Who Did Not File Police Reports
Many drivers don’t realize that they need to file a police report, even if it seemed like a minor crash. Major injuries such as Traumatic Brain Injuries can come from small fender benders. Then without a police report, you might have trouble proving specifics of the incident.
If you did not file a police report, you would need help in gathering other forms of evidence. You’ll likely need to collect witness statements and ask for details from any mechanic that did repairs.
Victims injured in a wreck that did not file a police report will also need to record their medical information closely. This information will include doctor’s visits, prescriptions, treatments, surgery dates, and outcomes as well as rehab. Bills and doctor’s notes can be vital when a police report is not available.
Shorted on a Claim? Get Advice from A Car Accident Attorney
If you accepted a settlement through your insurance company, then you will have a hard time seeking another settlement. Unfortunately, many people believe that they have to accept the settlement their insurance company gives them.
Insurance companies love cutting checks for less than the bare minimum, and it leaves many victims unable to make ends meet. After a crash, you’re left with expenses to repair your car and medical recovery.
Lost wages, mounting medical bills, and vehicle repairs are all the things that your insurance settlement should cover. If you believe you were shorted, you can get help now to learn more about your options.
Call A Car Accident Lawyer Now
Cellino Law offers services to anyone struggling to work through their car insurance claim process. Regardless if there were major mistakes made such as not filing a claim or smaller issues, legal help is necessary.
The most common problems that drivers experience include the lack of a claim or police report to support their lawsuit. As well as being found as partially at fault in an accident you could not have avoided. Finally, there is the issue of an unfair settlement from your claim.
At this point in time, you may have limited options or impending time restrictions. You may not have much time left to file a claim or pursue a lawsuit. There are few alternative options but exploring these opportunities is critical.
You can get help on any car wreck issue and more by speaking with a lawyer from Cellino Law now.