New York Car Accident Claims

How to Start Your Car Accident Insurance Claim

The first step in making a car accident insurance claim is to contact an attorney. Your attorney will call the insurance company and report the accident to them. They will make sure the insurance company knows your side of the story.

Send a Demand Letter

Your attorney will also send the insurance company a demand letter. The demand will summarize the value of your claim and establish liability in the at-fault party.

The Insurance Company’s Answer

In most cases, the insurance company will either deny your claim or respond with a lower settlement offer. That doesn’t have to be the end of negotiations, though.

If they refuse to accept a reasonable offer, your attorney can file a car accident lawsuit.

Filing a Lawsuit

Once a car accident lawsuit is filed, most insurance companies significantly increase their settlement offer. They don’t want the expenses of a lengthy discovery process, where both parties hire experts and exchange evidence. This can take months or even years sometimes.

Getting a Settlement Amount

If the insurance company refuses to make a reasonable settlement, your car accident claims lawyer can take the case to court. There, a jury will decide how much your claim is worth.

Don’t Handle a Car Accident Claim Alone

The biggest reason you shouldn’t handle a car accident claim alone is that you will nearly always get more money if you work with an attorney. The average compensation in a personal injury case without a lawyer is $17,600. With a lawyer, claimants get an average of $77,600. Thus, even if you end up paying some of your recoveries to an attorney, you will still end up with more money in the end.

You also have a better chance of getting money in general if you use an attorney. More than 90% of people who use a lawyer get a payout in personal injury claims. People who don’t use a lawyer only get a payout 51% of the time.

Do I Have a Car Accident Claim?

It’s impossible to know whether you have a successful claim until you speak with an attorney. During your free consultation with HKD, we will listen to your story and analyze the evidence you have. We will let you know if we think you have a strong claim and how much we believe it’s worth.

In general, you may have a valid car accident claim if someone else caused your crash due to negligence, intentional, reckless, or wrongful actions.

If another driver, company, or person is at-fault for your damages, then you have a right to file a claim against their insurance company or file a personal injury lawsuit.