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How Do I Gather Evidence to Support My Car Accident Claim?

Dealing with the aftermath of a car crash can be overwhelming, especially when filing a claim. However, the success of your car accident claim largely depends on the strength of the evidence you present. 

To support your car accident claim, it is essential to gather as much evidence as possible, such as a medical report to prove your injuries, photos of the accident scene, witness information, a police report, and accident-related expenses. Following these tips can increase your chances of a successful claim.

The Uptown Injury Law, PLLC, is here to help if you require assistance. They will guide you through the process of filing a personal injury claim and secure fair compensation for your injuries and other damages. Don’t hesitate to reach out online or call 917-540-8728 for a free case review.

police officer assessing property damage where the accident happened

Why is Collecting Evidence Essential?

Collecting evidence is essential because it helps you prove fault for the accident and damages at every stage of your car accident case. Whether you are filing a car insurance claim, writing a demand letter, negotiating a settlement, or going to trial, you need evidence to support your case. Your position will weaken without evidence, and the other party may deny responsibility for the accident.

The evidence can include third-party witnesses, physical evidence, accident reports, and video footage, among other things. It is crucial to have strong evidence to ensure you receive fair compensation for physical injuries, vehicle damage, lost income, and other damages.

How Can You Collect Evidence For Your Car Accident Case?

Most car accident claims are settled without the hassle of filing a personal injury lawsuit. However, if your car accident case ends in court, you must present solid evidence to win a claim. Here are some necessary steps to help you collect the evidence to prove your case.

Collecting Witness Statements

Witness statements serve as invaluable evidence in proving liability in car accident cases. Witnesses can help you recall important details from the accident scene, such as right-of-way disputes, brake light usage, or distracted driving by the at-fault driver.

To collect witness statements effectively, you’ll need to:

  • Request contact information from witnesses and encourage them to document their accounts of how the crash happened.
  • Reach out to each witness by phone and ask them to provide a detailed written statement.
  • Always remain impartial and stick to the facts when discussing the events that led to the accident.
  • Make sure each witness statement is signed and notarized to confirm its authenticity.

Mobile Phone Records

Your cell phone records can be a valuable asset in supporting your case. For instance, in a scenario where another party’s attorney claims that you were at fault for using your phone, phone records can prove that you were not texting or calling anyone. 

Moreover, your authentic phone number can assist your attorney. You can request the recording of your 911 call, which is often the first call people make and contains crucial details that can be easily forgotten later.

Seeking Circumstantial Evidence

Evidence that implies or suggests a situation is termed circumstantial. While the driver’s circumstantial evidence may not directly establish the at-fault party’s liability, it can play a vital role in shaping your claim. Here’s an example to help you understand better:

You’re driving, and suddenly, another car drives carelessly enter into your lane, causing a crash. The at-fault driver denies wrongdoing, leaving you no direct proof of their distraction.

Fortunately, your attorney noticed an open and spilled coffee cup in the at-fault driver’s car. This simple observation becomes a piece of circumstantial evidence. While it doesn’t directly prove a distraction, it strongly suggests that the driver may have been doing something other than driving.

In court, this circumstantial evidence can be a crucial factor. It raises questions about the driver’s focus, even without direct proof. Thus, it can be vital for proving fault in car accident cases.

Collecting Photographic Evidence

Using smartphone to photograph car accident evidence for insurance

Capturing images of the accident scene and vehicle damage can provide crucial evidence for your personal injury lawsuit. Therefore, take photographs of vehicles involved from various angles as soon as possible. Photographs become especially vital if the accident site is in a high-traffic area since conditions may change rapidly.

Make sure your photographic evidence includes the following:

  1. Relevant details of the car accident scene, including street signs and any skid marks present.
  2. Close-up shots that reveal any visible damage to the cars involved.
  3. Visual documentation of any accident-related injuries.
  4. Any other objects or individuals at the scene that may relate to the accident, such as witnesses.

If it’s not possible to take photos at the collision scene, you can arrange for professional photography afterward. This will help create a comprehensive record of your car’s damage. The photographic evidence will strengthen your claim, ensuring maximum compensation for any losses resulting from the car wreck.

Obtaining CCTV or Dashcam Footage Evidence

Obtaining CCTV or dashcam footage evidence can be incredibly helpful in supporting your claim. Video evidence can provide a clear understanding of events that led to the accident and help determine who was at fault.

Dashcams are designed to capture video footage of whatever lies ahead of your car. This footage can determine who is at fault in an accident. If you invest in a dashcam, you can save time and money by speeding up the insurance claims process and avoiding legal disputes.

Before purchasing a dashcam, it’s essential to consider specific factors. They include:

  • The camera’s resolution
  • Ease of control
  • Whether it has a removable windshield mount to prevent theft

Considering these factors, you can get the best dashcam that will help keep you safe and protected while driving.

On the other hand, CCTV cameras are often placed in public locations, such as traffic intersections or parking lots, and may have captured footage of the accident. If you’re unsure where to locate CCTV cameras in the area of the accident, the local authorities can provide information on their placement.

Statements From Your Insurance Company

It’s important to note that insurance companies play a crucial role in any legal proceedings or negotiations related to a car accident. Besides your insurance company and that of the other driver(s), your homeowner’s insurance company and health insurance company may also be involved in the process, depending on the circumstances. 

Therefore, it’s essential to collect statements from all insurance providers involved in the accident and bring copies of your own insurance policies to understand the extent of your liability coverage. This information can help your lawyer find the best course of action to recover compensation for your injuries.

Collect Medical Bills and Records

In the event of an accident, when you need to file a claim, it’s crucial to collect all medical bills and records. This can be done by contacting the healthcare professionals who treated you. 

Make sure to request copies of all medical bills, records, and details about any tests or procedures performed during your treatment. It will ensure that you have all the necessary documentation to support your claim.

Medical Records That Serve as Evidence

Some of the records that may apply to your claim include EMS/ambulance records, hospital records, doctor records, physical therapy records, pharmacy records, travel expenses, and any other records related to your treatment. Obtaining copies of all these records and bills can help determine your injury severity and the required medical treatment. Additionally, it will help to determine whether you need ongoing care.

If you were transported to the hospital by ambulance, you should request records and bills from the responding EMS unit or check the city/county website. If you were evaluated in the emergency room and released, there will be records and bills for that visit, which you can obtain from the hospital. You should also request copies of X-rays, CT scans, MRIs, or other expensive tests you underwent.

Medical records prepared by your treating doctor are also essential to your claim, as they describe the extent of your injuries and your required medical treatment. They establish whether you need ongoing care. All your doctors will have separate bills that you need to obtain. 

In addition, if your healthcare provider refers you to physical therapy or rehab to treat your injuries and restore your previous level of functioning, you need copies of those records and bills as well.

Other Medical Expenses

Don’t forget your medication expenses. You’re entitled to recover the cost of any medication needed to treat your injuries for as long as needed, so make sure to obtain pharmacy records as well. 

Additionally, you should document your mileage for trips to and from the doctor, physical therapist, or hospital and any other travel related to your treatment. If your injury requires using crutches, a wheelchair, or other medical device, you’ll also need proof of those costs.

By obtaining all these records and bills, you’ll have a complete picture of your medical expenses related to the accident, which will help you determine the compensation you’re entitled to.

Proof of Lost Wages

If you are an employee and want to prove your lost wages due to an injury, tax returns, and W-2s are the most reliable, based on your previous year’s income. Recent pay stubs can also help establish your wages, bonuses, and raises. 

You can request a wage verification statement from your employer that includes your salary, hourly pay, number of hours worked per week, and any overtime pay.

For self-employed individuals or those who work on commission, bank records showing deposits of business revenue can establish lost income. Contracts and purchase orders that call for you to provide goods or services can also show your expected income for that period. It’s essential to remember that a self-employed individual’s income may fluctuate. In these cases, last year’s tax returns can be a good reference for estimating this year’s income.

Additionally, Paid Time Off (PTO) used to treat your injuries is fully compensable. This includes half-days and hours missed from work for doctor’s appointments or physical therapy sessions. 

Moreover, you may also be eligible to recover compensation for any missed opportunities caused by your injuries, such as job interviews, bonuses, or promotions. Ensure you include all losses in your demand to receive fair compensation for your injuries.

Collecting Evidence for Pain and Suffering

Gathering documentation related to your pain and suffering during treatment is essential. Your documentation for pain and suffering can serve as evidence while recovering compensation. The pain and suffering evidence includes medical notes that describe the physical and emotional distress you endured as a result of your injuries.

Copy of the Official Police Report

If you were in a car accident in New York and require a copy of your police report, follow these simple steps. First, contact the police department and provide them with the location and case number of the accident, if available. If you don’t have the case number, you can give your last name and the date of the accident.

If you want to check whether the report is available online, you can visit Buycrash.com, but remember that not all Police departments use this service. It’s best to call the police department to check if the report is available online.

You can also ask your attorney to locate your police report with some basic details about your case. Alternatively, you can ask your insurance company’s claims adjuster to send you a copy of the report for free. However, it’s important to note that the insurance company may have a copy of the police report.

Typically, it takes a few weeks for the police officer to complete the report and make it accessible. Additionally, most departments charge an administrative fee for the report (usually around $20) or charge you a copying fee per page. 

Estimate Property Damage

Getting a property damage estimate is vital when your vehicle is damaged in an accident. This estimate is provided by auto body shops and mechanics and includes details like repair costs, repair time, and insurance coverage. It can also serve as evidence in court.

If you’ve suffered property damage, bring quotes or receipts for repairs. For instance, if the damage is due to a car accident, provide estimates for vehicle repairs or proof of the car’s total value. Document any other damaged property, like fragile items or electronic devices in the car.

If your home or other property is damaged, you may seek compensation in court. Bring any receipts for repairs or insurance payments to support your claim.

Note Down Your Car Accident Experience in a Journal

Keeping a journal is a good practice after a car accident. It helps document everything you experience, such as physical or emotional pain, missed work or vacations, sleepless nights, and anxiety.

Such details are essential when explaining your damages to an adjuster or jury. Memories of accidents fade over time, and it’s easy to forget injuries and their impact on your life. Insurance claims and lawsuits can take a while, so a journal can help you remember critical information.

Protect Evidence By Sending a Spoliation Letter

To protect your case from evidence being tampered with or destroyed, consider sending a spoliation letter. This letter requests that the recipient preserve all relevant evidence, including physical documents, electronic files, and other materials. 

By sending this letter, you create a record that you took steps to preserve the evidence and put the recipient on notice that they have a legal obligation to preserve it. It’s important to note that a spoliation letter should be drafted and sent by an attorney, and it’s crucial to keep a record of the letter and any responses you receive. 

What Are the Common Mistakes to Avoid When Gathering Evidence?

While gathering evidence is crucial for recovering compensation, there are common mistakes that you can make. Awareness of these pitfalls can help you navigate the claims process more effectively. Here are some mistakes to avoid:

  1. Delaying the Collection of Evidence: Waiting too long to gather evidence can harm your case. Memories fade, witnesses become more challenging to reach, and physical evidence may disappear. Act promptly to collect as much evidence as possible while it’s still there.
  2. Providing Unnecessary Statements: Avoid making unnecessary statements to the insurance company or the other driver involved in the accident. Stick to the facts, and consult your personal injury attorney before making official statements. Also, remember to avoid giving a recorded statement to your claims adjuster.
  3. Neglecting Medical Attention: Failing to seek emergency medical help after an accident can harm your health and your personal injury lawsuit. A medical evaluation can link your injuries to the accident and provide essential documentation.
  4. Not Documenting All Expenses: Documented bills serve as substantial evidence. Thus, keep a record of all expenses related to the accident, such as vehicle repair costs, medical expenses, and any other out-of-pocket expenses. Failing to document these expenses may result in under-compensation.
  5. Handling the Claim Alone: While handling a claim without an attorney is possible, it’s often a complex legal process. Seeking help from a car accident lawyer can help you navigate the complexities, negotiate effectively, and maximize your compensation.
  6. Overlooking Witnesses: Witnesses can provide valuable statements and perspectives. Don’t overlook potential witnesses or dismiss their importance. Collect their information and statements whenever possible. Also, try to get video footage of the incident.

Get the Justice You Deserve With Uptown Injury Law Attorneys

Are you struggling to get the justice you deserve after a car accident? Don’t worry. Uptown Injury Law, PLLC, is here to lend a helping hand. In the aftermath of a car accident, seeking rightful compensation can be a complex process. To secure the maximum compensation for a car accident claim, seek the counsel of a seasoned attorney who can help gather the necessary evidence.

Why Choose Uptown Injury Lawyers?

Our team of car accident lawyers with over 15 years of experience is committed to being your unwavering support system every step of the way. With a proven track record of securing over $100 million in verdicts and settlements, we have earned our reputation as the go-to legal experts for victims of car accidents. Don’t just take our word for it – our satisfied clients speak volumes about our dedication to achieving justice for you.

Don’t let the clock run out on your chances. Take the first step towards claiming what’s rightfully yours by scheduling a FREE consultation with us. You can contact us online or give us a call at 917-540-8728. 

FAQs

What if Your Car Accident Details Are Incorrect in the Police Report?

In cases of incorrect details in the police report, consult with a personal injury lawyer. They can help you collect evidence, including witness statements and photographs, to support your version of events and protect your rights.

How to Document Medical Expenses for a Car Accident Injury Claim?

To document medical expenses, request copies of medical records and bills from healthcare providers. Review them carefully to ensure accuracy. If you notice any discrepancies or missing information, notify your attorney. They can help address these issues during the claims process.

What if You Can’t Obtain Professional Photographs of the Accident Scene?

If you cannot photograph the car crash site, your attorney can help you collect evidence, including photographs. Otherwise, they can use other evidence to support your claim, such as witness statements and police reports.

Is It Essential to Consult With an Attorney for a Car Accident Claim?

While it’s not mandatory, consulting with a car accident attorney is highly recommended. They have the expertise to help you navigate the legal complexities, collect relevant evidence, and negotiate with insurance companies to maximize compensation. The support of a seasoned attorney can significantly increase your chances of a successful claim.

What Steps Should You Take Immediately After an Auto Accident?

After a car crash, prioritize safety and well-being first. Then, take steps like calling the police, seeking medical treatment for physical injuries, collecting contact and insurance information from involved parties, and photographing the scene and vehicle damage. These actions can help protect your claim and gather crucial evidence.

How to Get Fair Compensation From the Insurance Company After a Car Accident?

Consulting with a car accident attorney is recommended to ensure a fair settlement of insurance claims. They can assess your case, negotiate with the insurance adjusters, and take legal action to secure the compensation you deserve.

How Can You Recover Lost Income After an Auto Accident?

If you’ve lost income due to a vehicle accident, you can include it as damages in your claim for compensation. To do this, maintain records of your lost wages and consult a personal injury lawyer to help you seek reimbursement.

How Do You Prove Fault in a Car Accident?

When proving liability in a car accident, you must gather relevant evidence such as photographs, witness statements, and the police report. By collecting this evidence, you can establish who was responsible for the collision.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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