How to Gather Evidence for Your Accident Case

An accident reconstruction expert can maximize the value of your claim by analyzing the forces involved in the crash. They can also provide insight into your injuries and quantify the damages you've suffered.

You'll need to provide documentation of your damages, like medical expenses and other expenses that are not covered by your insurance. This evidence should be gathered immediately following the accident.

Get Assistance

If you are in a car crash, getting immediate medical attention should always be your top priority. However, if you are in good enough health to take this step it is crucial to collect the most information you can at the scene of the crash.

Utilize the camera or video feature of your phone to capture photographs of the vehicles involved. Take photos of the skid marks, damages, and anything else that you consider to be useful. Ask anyone who was on the scene to provide you their contact information along with a brief description of what they observed. Be sure not to share any personal information about your insurance coverage or policy limits.

Also, look for any cameras within the area that could have captured the incident, such as red light or security cameras. Try to find out who controls those cameras, so you can request copies of the footage later.

Documenting the expenses you incur is a vital step. In certain situations, you can recover compensation for the amount you've spent on expenses such as a rental car when your vehicle is being repaired or transportation to and from work when you recover from injuries. Additionally, you may claim compensation for the past and future lost earnings if injuries keep you from working or result in less than anticipated earnings in the near future.

Make sure you keep an eye on the medical expenses incurred due to the collision. If your injuries result in a permanent disability, you may be able to claim compensation to cover future costs for care like home modifications and assistive devices that allow you remain at home or working. You may also be able to claim compensation for additional financial losses like the costs of a caregiving professional or household replacement services if your injuries make it impossible to complete these tasks on your own.

Gathering Evidence

In any case of accident the first step is to gather as all evidence you can. State-by-state, the requirements for presenting proof in a courtroom can differ. However, certain kinds of evidence are useful in almost all accidents.

Witness Testimony

Eyewitness testimony is vital in accident cases. It provides a factual account of the accident, which helps determine the fault. There are numerous witnesses such as pedestrians, drivers of nearby vehicles and even family members or friends. They may also have a smartphone in their possession that can be used to record their account or they might choose to simply write down the details.

Photographic Evidence

Photos of the scene are the most obvious evidence of the accident. The evidence can include skids on the road broken glasses, skid marks on the road, and the damage to the vehicles involved in the accident. It can also include environmental factors, like construction sites or traffic signals, that might have contributed to the accident.

Police Reports

The police reports generated following any type of motor vehicle collision are essential for a car accident lawsuit. They can include the officer's analysis of who was responsible for the accident lawyers, as in any traffic violations committed by either driver. You should request an official copy whenever you can, or at the very minimum as the report is being written. This will allow you to check the accuracy of the information.

Witness Contact Information

It is a good idea to obtain as much information from witnesses who might have witnessed the incident. Inquire about their names and contact details so that your lawyer can speak with them about what they saw during the incident and its immediate aftermath.

Medical Records

Keep the track of your medical appointments if injured in an accident. These records will help document the injuries you've suffered and assist your legal team calculate the amount you're entitled to for your damages.

Documenting your injuries

If you are able to do this without putting at risk your health, it is important that you take pictures and videos of the accident scene. You can paint realistic images of the scene using your smartphone or a camera attached to your vehicle. The photos should contain any visible injuries and damages from the accident. It is also important to record any skid marks, road conditions, and other factors that can help paint a clearer picture of the incident.

Even if you believe your injuries aren't serious you should seek medical care as soon following the accident as you can. Many injuries, like soft tissue neck and spine problems, can be apparent in the days or weeks following the accident. The earlier you visit a doctor, the more reliable evidence you will have to prove that your injuries and losses are directly linked to the accident.

It is also important to keep track of your medical expenses as well as treatment. Keep receipts of prescriptions, equipment, and travel expenses to and from medical appointments, as these are all expenses you might be able to claim compensation for. You should also keep an account of your injury and its symptoms which will allow you to keep track of the severity of your discomfort.

Giving the police an accurate account of what transpired at the scene will be crucial, but it's an excellent idea to take down names and contact details of witnesses as well. The witnesses might be able give additional details that can assist the police in their investigation, and should you ever need to file a personal injury lawsuit or claim with an insurance company in the future.

In addition to the official police report, you must also make sure you get a copy of the crash report from the at-fault party's insurance company. This report is helpful for finding out the liability of the incident, as well for the potential damages that could be incurred, like property damage or medical expenses, loss of wages and other costs that are compensable.

Negotiating with the Insurance Company

It is always an excellent idea to employ an experienced lawyer in the event that you have to deal with a large insurance company following an accident. These professionals can deal with the adjusters of insurance on your behalf, and frequently offer settlements that are significantly more substantial.

Your lawyer will collect financial documents from your bank accounts, employer, and investments to show how the accident impacted your earnings. They will also request medical records from your healthcare providers to support your injury claim. They may need to interview you in person or question witnesses to the incident to get an official record. They will then review all evidence and consult with experts to determine the value of your damages that are not economic.

After obtaining all the information, they will create a demand letter that they will send to the insurance company at fault. This document will provide the facts, explain the legal reasons that their insured is liable under NY law, and request compensation. The insurance company is likely to respond with an offer of a small amount. Your attorney will assist in deciding whether to accept, deny or return to negotiations the counteroffer.

Negotiating with an insurance company can be tricky because what you say could damage your case. Do not admit guilt or promise to not sue. This could be used in court later against you. Be careful not to make any statements about your injuries and the reason for the accident in case they are used to diminish your claim.

A Long Island car accident attorney can assist you in negotiating with the insurance company. They'll be able evaluate the offers made and assist you in determining the amount you're entitled to in terms of financial compensation and the medical treatment or other expenses you will need in the future.

Insurance companies can be a challenge and they will use many strategies to convince you accept a lower offer. Always be firm and insist that settlements should be written. This will stop an unethical adjuster from saying something over the phone and not denying it later.