Insurance companies deal with car crashes every day. You don’t. When you're recovering from serious injuries, the last thing you want is to argue over paperwork or feel pressured into accepting a lowball settlement. If you're fighting the insurance company after a car accident, you don’t have to let them dictate the outcome.
Every driver deserves a fair process, yet claimants often face delays, denials, or pressure to settle quickly. Whether you're filing a personal injury claim under New York’s no-fault insurance system or seeking damages from an at-fault driver in another state, the steps you take now can significantly affect the outcome of your claim.
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Key Takeaways for Fighting the Insurance Company After a Car Accident
- Insurance companies often rely on delay tactics, low settlement offers, or claim denials to reduce payouts
- New York follows a no-fault system, but many serious injury claims still involve third-party negotiations
- Consistent medical treatment and clear accident documentation strengthen your claim
- Speaking directly with insurance adjusters without legal guidance can jeopardize your case.
- An experienced car accident lawyer can help you when insurers refuse to pay fairly or follow the law.
How Insurance Companies Work Against You After a Crash
Most drivers assume their insurer will support them after an accident. Unfortunately, that's not always how it plays out. Insurance companies focus on limiting financial exposure, which means anything you say, sign, or do after the crash might be used to reduce or deny your claim. No Fault insurance benefits provide a maximum amount the insurer may pay for no fault benefits, but they often pay far less, claiming treatment is unnecessary or unrelated to the accident.
Liability carriers also try to limit their financial exposure. When liability is disputed or injuries are severe, insurers often act quickly to protect themselves. Watch for these behaviors. Some of them are unfair but legal, while others indicate an adjuster is working in bad faith, which is illegal:
- Delaying communication or decisions by taking weeks to return calls or dragging out the claims process so you feel pressured to settle for less than your case is worth.
- Requesting unnecessary paperwork or unrelated medical records in hopes of finding something in your history that they can use to argue your injuries weren’t caused by the crash.
- Offering quick settlements that undervalue your claim, often before you’ve completed treatment, so you unknowingly give up the right to compensation for future medical care or lost earning capacity.
- Misrepresenting policy language by suggesting certain injuries or damages aren’t covered, even when the policy terms clearly state otherwise.
- Ignoring key documents such as accident reports or physician notes, forcing you to repeatedly resubmit evidence and making it harder to prove the full extent of your losses.
- Discouraging you from hiring an attorney by saying legal representation won’t make a difference, when in reality, they know it will strengthen your negotiating power.
While not every tactic qualifies as bad faith, New York Insurance Law § 2601 (unfair claim settlement practices) prohibits insurers from refusing to investigate, failing to explain denials, or dragging out settlements without reason. The best measure you can take to protect your rights and the value of your claim is to hire a trusted lawyer to handle the insurance companies for you.
What to Say (and Not Say) to the Insurance Adjuster
Once a claim is filed, an insurance adjuster may contact you for a statement. They might sound supportive, but their role is to protect the company. What you say can narrow or even damage your claim.
Keep your answers short and factual. Don’t guess or speculate about what happened. Never admit fault, even partial responsibility, before consulting a lawyer. Avoid discussing your injuries and don’t sign any medical authorizations that let the insurer comb through unrelated health records looking for ways to downplay your injuries.
If the adjuster refuses to negotiate fairly or continues pressuring you, it’s often a sign that you need legal help. Once you’ve hired a lawyer, you don’t need to handle these conversations at all. The best response to future calls is simple: give the adjuster your lawyer’s contact information and ask them to direct all communication there. This prevents missteps, protects your rights, and signals to the insurer that you’re taking the claim seriously.
When Insurance Denies Your Claim
Getting a denial letter after weeks or months of back-and-forth can feel like hitting a wall, but it doesn’t mean your case is over. Many people try to negotiate directly with the insurance company at first, only to find their claim rejected for reasons like insufficient evidence, missed deadlines, disputed liability, or alleged policy exclusions.
This is a point where going it alone becomes exceptionally difficult. A denial is not the time to keep trying to settle by yourself. Insurance companies count on unrepresented claimants giving up after the first rejection. What you need now is an advocate who knows how to push back.
A lawyer can review the denial, identify whether the insurer acted in bad faith, and take the next step, whether that means filing an internal appeal, submitting a complaint to the New York Department of Financial Services, or preparing a lawsuit.
By working with a lawyer, you shift the fight away from yourself and place it in the hands of someone whose job is to protect your rights. It takes the pressure off you and ensures the insurer knows you’re serious about pursuing full and fair compensation.
The Role of Evidence in an Insurance Dispute
Insurers don’t pay because you say you’re injured. They pay when evidence makes the injuries and their impact undeniable. Building a strong claim and fighting for the maximum compensation requires proof that ties the accident directly to your losses.
Key forms of documentation include:
- Official accident reports from law enforcement or highway patrol agencies that document what happened at the scene
- Medical records and bills from emergency care, specialist visits, and ongoing treatment that show the progression of your injuries
- Photos and videos of the crash site, vehicle damage, and visible injuries to create a clear record of the impact
- Traffic camera footage from nearby intersections, businesses, or dashcams that capture how the accident occurred
- Witness statements from bystanders or passengers who can provide independent accounts of the crash
- Proof of lost income, such as pay stubs, tax forms, or employer letters confirming missed work and reduced earnings
- Receipts for out-of-pocket expenses like prescription medications, rehabilitation equipment, or transportation to medical appointments
Each piece strengthens your bargaining position. For example, emergency room records paired with camera footage can make it difficult for an insurer to argue that your injuries weren’t caused by the crash.
The New York Car Accident Claim Process
Fault laws play a major role in how insurance companies handle car accident claims, and they’re not the same in every state. In New York, no-fault laws generally require your own insurance company to cover basic medical expenses and lost income, regardless of who caused the crash. This falls under Personal Injury Protection (PIP), and it’s intended to keep smaller claims out of court.
But serious injury cases go beyond no-fault. Once injuries meet the threshold set by New York law, you can pursue additional compensation through a third-party claim against the at-fault driver’s insurance. That’s where the rules about fault, and the insurance company’s tactics, often come into play.
Other states use different systems. Many follow a modified comparative negligence model, where your compensation is reduced if you’re partially at fault, and you lose the right to recover if you’re more than 50% responsible. A few states still use pure contributory negligence, which bars recovery if you’re even 1% at fault.
In New York, the pure comparative negligence rule under N.Y. C.P.L.R. § 1411 allows you to recover damages even if you were mostly at fault, though your compensation is reduced by your percentage of responsibility. Insurance adjusters know how to use these rules to reduce payouts. For example, they might argue you were speeding or distracted, even if the other driver clearly ran a red light.
That’s why it's important not to accept fault casually, and why your attorney might bring in experts to reconstruct the accident or analyze traffic camera footage from Long Island intersections to help prove what really happened.
What If You're Visiting New York and Get Into a Crash?
Car accidents involving out-of-state drivers add another layer of confusion. Say you're from Connecticut, a fault-based state, and a New York driver crashes into you while you’re visiting Long Island. Who pays for your injuries?
New York’s no-fault laws may still apply. If you were driving a car that was registered and insured in another state, but the crash happened in New York, you might be covered under New York's no-fault benefits for certain medical expenses, depending on your own insurance policy and its reciprocity clauses.
But if your injuries are serious, you can typically pursue a claim against the at-fault New York driver just like any other serious injury victim. In that case, the insurance company for the New York driver might argue about jurisdiction or try to exploit your unfamiliarity with New York’s laws. These kinds of claims are more technical, but they’re still valid, and experienced lawyers who handle cross-state claims regularly know how to keep the process moving.
If you’re unsure what your rights are as an out-of-state driver, speak with a lawyer based in the state where the crash happened. They’ll understand how to work with both sets of insurance policies and navigate conflicting laws.
When to Get Legal Help for a Car Accident Insurance Dispute
Not every accident requires a lawyer. But when serious injuries, mounting bills, or insurance pushback are involved, professional help can make a decisive difference.
Many people wait until they've already spoken with an adjuster or accepted an initial offer, often without realizing how much they're giving up. Insurance companies rarely explain what’s missing from a settlement, such as pain and suffering, future medical treatment, or diminished earning capacity.
In New York, lawyers who handle personal injury cases typically work on a contingency basis, meaning there are no upfront fees or out-of-pocket expenses. This approach makes top-tier legal representation available to everyone regardless of their financial situation. Financial concerns should not be part of hiring an experienced lawyer.
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FAQs for Fighting the Insurance Company After a Car Accident
How long does an insurance company have to settle a car accident claim in New York?
There’s no universal deadline, but New York insurance regulations require insurers to respond to communications within 15 business days and make a claim determination within 30 days after receiving proof of loss. However, claims usually take longer to resolve, especially if they involve significant injuries or disputed liability.
What can I do if the insurance company keeps delaying my settlement?
Start by asking for clear, written explanations for each delay. If they won’t provide a reason or continue to stall, you can file a complaint with the New York State Department of Financial Services or pursue legal action for bad faith if the delay is unreasonable.
What happens if I already accepted a settlement and then discover additional injuries?
Once you sign a release of claims, it’s typically binding. That’s why it’s so important not to accept an early offer until you fully understand your injuries and have consulted with a lawyer.
Can I negotiate a car accident settlement myself?
Yes, but you may not realize what’s being left out. Insurance companies usually won’t explain the full value of your claim, especially if you're missing documentation or don’t know which damages to claim. If the crash involved serious injuries, legal representation usually results in a more thorough and better-supported claim.
What’s the deadline to sue for a denied insurance claim in New York?
In New York, the general time limit to file a personal injury lawsuit is three years from the date of the crash. But if a city or state vehicle was involved, you must file a Notice of Claim within 90 days. Act quickly to avoid missing key deadlines that could affect your case.
Injured in a Long Island Car Accident? Call Rosenberg & Gluck
You didn’t choose to be in this situation, but you can choose how to respond. The longer you wait, the more advantage the insurance company gains.
If you're fighting the insurance company after a car accident, whether it happened near the Long Island Expressway, Sunrise Highway, or anywhere across Long Island, now is the time to take action.
At Rosenberg & Gluck, LLP, we help injured clients throughout Nassau and Suffolk Counties and beyond push back when insurers refuse to treat them fairly. Our attorneys are available in English and Spanish, and we offer home and hospital visits if you cannot travel.Call us at (631) 451-7900 or contact us online today for a free consultation.