Understanding what to say and what to avoid when speaking with insurance adjusters can make a big difference after a car accident in New York. Some actions can strengthen your claim, while others may reduce the compensation you receive.
Because New York follows a no-fault insurance system, you’ll likely deal with your own insurer first. If your injuries meet the serious injury threshold, you may also have a claim against the at-fault driver’s insurance company. Handle all communications with care, and consider working with an experienced New York car accident lawyer who can protect your rights and guide you through the claims process.
KEY TAKEAWAYS
- Stick to basic facts, avoid admitting fault, and allow an attorney to handle discussions whenever possible.
- Keep written records of all communications with insurance companies.
- Legal guidance is crucial when injuries are severe, multiple parties are involved, or claims are disputed.
- The car accident attorneys at Chopra & Nocerino can manage insurance negotiations on your behalf and work to secure the maximum compensation for your claim.
What To Do Immediately After a Car Accident in New York
Insurers often prioritize their financial interests, so it is common for them to deny or undervalue claims. Taking proactive measures can support your claim and make it more difficult for the insurer to offer anything less than a fair settlement.
Ask for Written Communication
Written communications, such as emails and letters, create dated records of your interactions with an insurer that are difficult to challenge. When you receive phone calls, ask for the details in writing and send an email summarizing your understanding of the conversation.
Consult Your Attorney Before Giving Statements
Providing a statement to an insurance adjuster without legal guidance can put your claim at risk of being reduced. To protect your rights, always direct the adjuster to communicate through your attorney instead of speaking with them directly.
Provide Only Basic Facts
Provide the insurance company with your name and contact information, and let them know you are filing a claim. Do not discuss details of the accident, assign fault, or describe your injuries. Seek guidance on what to say to an insurer from an experienced lawyer.
Stay Calm and Polite
Communicating with insurance adjusters can be challenging, but they play a key role in decisions about your financial recovery. Always remain polite and calm to avoid creating tension or saying something in frustration that could harm your claim.
Document Every Conversation
If an insurance adjuster contacts you by phone or comes to your home, document the details immediately. Send an email to your insurer summarizing the conversation to confirm what occurred and your understanding of it, then forward the email to your attorney for review.
Correct Any Inaccuracies
Carefully review all documentation from your insurance company and request corrections in writing for any errors. Pay close attention to details such as coverage limits, policy numbers, covered vehicles, the date of your accident, and other information that could cause delays or lead to a denied claim.
Keep Copies of All Documentation
Save all correspondence and documents from the insurance company, and create backups. Insurance language and claims processes can be complex, and you may not realize the importance of a document until later in your claim.
What Not To Say to Your Insurance Company After a New York Car Accident
Even small misstatements can affect your claim. Insurance adjusters often look for errors made by accident victims and use them as reasons to offer lower payouts or deny claims. Being aware of common mistakes allows you to safeguard your potential damages and navigate the process more confidently.
Don’t Admit Fault
Don’t say anything insurers can construe as an admission of responsibility for the crash, such as “I only looked away for a second” or “I was barely over the speed limit.” Insurers use your fault level to pay less, and under New York’s pure comparative negligence law, your percentage of liability reduces your damages in a lawsuit.
Don’t Provide Recorded Statements Without Legal Advice
Only take your attorney’s advice on when or if to provide a recorded statement to an insurer. If a claims adjuster tells you that you must make a recorded statement to receive a settlement, refer them to your lawyer or hire one immediately.
Don’t Discuss Injury Details
The insurance company doesn’t have the right to explore the extent of your injuries until the more formal parts of the claims process. You may accidentally say something that diminishes your injury and thus the value of your claim, so only talk on your attorney’s advice or let them talk for you.
Don’t Accept the First Offer
Insurance companies often make low initial settlement offers so that claimants will accept before understanding the full nature of their damages. Once you take a settlement, you cannot ask for additional compensation, such as if a back injury turns out to be disabling.
Don’t Sign Anything Without Review
Read every word of every document very carefully and don’t sign anything unless you completely understand what rights you are giving up. An experienced car accident attorney can review documents on your behalf to ensure you don’t make mistakes that could negatively impact your compensation.
Don’t Share Full Medical Records
An insurance company may deny your claim or reduce a settlement offer and say that preexisting conditions caused the severity of your harm, not the car accident. Consult an attorney before releasing any medical records to insurers, regardless of how persistent the adjusters may be.
When To Hire a Lawyer for Your Car Accident Claim in New York
Not every car accident calls for legal help, but certain situations make it important to consult an attorney, including:
- Denied or delayed claims: Insurance companies may deny your claim or delay payment. An attorney can challenge the denial and push for timely handling.
- Low settlement offers: Early offers may not fully cover medical costs, lost income, or future care. An attorney can review the offer and negotiate for fair compensation.
- Multiple parties are involved: When several drivers or commercial vehicles are involved, determining fault becomes more complicated. An attorney can evaluate evidence and help identify who is responsible.
- Serious or disputed injuries: Serious injuries often bring higher medical costs, and insurers may question their cause. An attorney can collect medical records and build a clear link between the injuries and the accident.
Common Questions About Speaking With an Insurance Adjuster After a New York Car Accident
Dealing with an insurer after a car accident can be frustrating and confusing. These are some of the common questions our knowledgeable attorneys answer regarding the car accident insurance claim process and communicating with insurance companies.
What Should I Do if the Adjuster Contacts Me at Inconvenient Times?
If you receive persistent or inconvenient contact attempts from adjusters, give them your preferred contact times and clearly tell them to only reach out during those times. Do this in writing so you can later show that you made a reasonable effort to accommodate them.
What Are My Rights if the Insurance Company Denies My Claim in New York?
If an insurance company denies your claim, you have options such as filing an appeal, pursuing no-fault arbitration, or initiating a lawsuit. You can also file a complaint with the New York State Department of Financial Services. Gather all of your documentation and your denial letter, and consult an experienced New York car accident attorney, who can determine how to best move forward and help you meet deadlines so you don’t lose your chance to appeal.
Can the Adjuster Access My Social Media or Personal Information?
Insurance companies may monitor your public social media activity and collect other personal information as part of their surveillance efforts. To protect your claim, set your settings to private and refrain from posting on social media while your case is active. Even seemingly innocent posts, like a picture of you playing outside with your children, could be used to challenge your claim of injuries that limit your ability to work or perform daily activities.
What Should I Tell My Insurance Adjuster After a Car Accident?
When speaking with an insurance adjuster following a car accident, stick to essential factual information, such as the date, time, location, the vehicles involved, and the names of witnesses. Avoid commenting on fault, speculating about the events, or giving details about your injuries.
Should I Accept the First Settlement Offer From an Insurance Company?
You should not accept the first settlement offer from an insurance company, as it is often a low initial bid designed to minimize the company’s payout. Insurance adjusters aim to resolve claims promptly, and the initial offer may not accurately reflect the full extent of your losses, such as ongoing medical expenses or compensation for pain and suffering. Speak with an attorney before agreeing to a settlement to protect your interests.
How Do I Handle Persistent Insurance Adjusters Who Keep Contacting Me?
Create clear boundaries with insurance adjusters by referring them to your attorney for all inquiries. Keep a record of every interaction, noting the date, time, and the adjuster’s name.
What Are the Key Deadlines for Filing a Car Accident Claim in New York?
In New York, you generally have three years from the date of a car accident to file a personal injury claim. If the claim involves a New York government entity or agency, the deadlines are often much shorter and involve more administrative steps. Consult with an attorney to learn which deadlines apply to your case.
What Types of Damages Can I Claim After a Car Accident?
After a car accident in New York, claimants often seek compensation for economic and non-economic damages. Economic damages cover tangible losses, including medical expenses and lost wages. Non-economic damages address intangible losses, such as pain and suffering and loss of enjoyment of life. An attorney can help you determine which types of damages you may be eligible to pursue.
Contact Chopra & Nocerino: Trusted Car Accident Lawyers in New York
You have a lot to deal with after a car accident, and don’t need the additional stress of fighting for fair compensation from insurance companies. Partner with our respected New York injury law firm and get assistance from a team of true advocates who treat clients like family. We know the car insurance dos and don’ts, and we will protect you at every step.
Our New York car accident lawyers are real New Yorkers who stop at nothing to defend our clients and make sure their bills are paid. We have decades of combined experience and case results totaling hundreds of millions, including several seven-figure verdicts and settlements for car crash victims.
Contact us online or call (855) NYC-HURT today for a free consultation.
