After Long Island car accidents, insurance companies are increasingly using Artificial Intelligence (AI) to evaluate your claim.
These platforms analyze data to generate a settlement offer, often within days of the crash. They are designed for speed and cost-saving, not necessarily for fairness. An AI cannot understand the full story of how a serious injury on the Southern State Parkway has affected your life, your family, or your ability to work, which is why speaking with a Long Island car accident lawyer can make a significant difference.
This shift means that initial settlement offers in Suffolk and Nassau counties may be based on an algorithm’s calculation, potentially ignoring your unique pain, future medical needs, and the true extent of your losses.
The path to securing fair compensation now involves understanding and countering these automated systems. If you have questions about a low settlement offer or how to proceed with your claim, you deserve to get clear answers.
Call Rosenberg & Gluck LLP for a free consultation to discuss your situation at (631) 451-7900.
Why Are Long Island Roads More Dangerous Than Ever?
In recent years, traffic fatalities on Long Island have surged by an alarming 40%, a rate more than double the national average. In one recent year alone, Suffolk and Nassau Counties recorded 245 traffic deaths, the highest in decades.
Suffolk and Nassau at the Epicenter
Suffolk County consistently has the highest number of car crash fatalities of any county in New York State. Together, Long Island counties account for a staggering 20% of all auto accident deaths in the state.
What’s Behind the Numbers?
The data points to specific, dangerous behaviors that have become more frequent, especially since the pandemic:
- Distracted driving: Suffolk County leads the state in fatal crashes involving distracted drivers.
- Aggressive driving and unsafe lane changes: AAA has noted an alarming increase in crashes caused by unsafe lane changes, often linked to aggressive driving behaviors like weaving and tailgating.
- Speeding: A third of all motor vehicle deaths in New York in one recent year were due to speeding. This is a particular problem on major routes like the Southern State Parkway, which has stretches notoriously known for their danger.
The result is that thousands of Long Islanders visit an emergency room each year for car accident injuries, facing a recovery process made more complicated by new insurance technologies. If you are searching for the best car accident lawyer near me, having strong legal guidance can make the difference between accepting a low settlement and securing the compensation you truly deserve.
The Elephant in the Room: What Is an AI Claims Platform and How Does It Work?
Think of an AI claims platform as a powerful calculator. After your accident, the at-fault driver’s insurance company feeds it data: the medical codes from your hospital visit, the vehicle damage report, your age, and the type of collision. The software then cross-references this information with thousands of past claims to predict a settlement amount.
These systems are already used in a significant percentage of New York auto claims, with some estimates suggesting a 25-30% adoption rate. Their goal is to automate the process, identify potentially fraudulent claims, and, most importantly for the insurer, control payouts.
The Process in Simple Terms:
- Data Input: Your initial accident report, photos, and early medical bills are scanned and fed into the system.
- Algorithmic Analysis: The AI looks for patterns. It compares your data points to its vast historical database of similar accidents and injuries.
- Settlement Calculation: Based on its analysis, the platform generates a value range for your injuries and property damage.
- Offer Generation: An adjuster takes this calculated range and uses it to make you a settlement offer, sometimes with very little human review or consideration of your individual circumstances.
While this sounds efficient, the system has a fundamental flaw: it’s programmed to see a claim, not a person. How can a lawyer help? By challenging these automated assessments, gathering human evidence, and presenting the full impact of your injuries, an attorney can ensure your case is evaluated fairly.
How Can an Algorithm Undervalue Your Long Island Accident Claim?
An AI platform works with numbers and codes. It struggles to measure what truly matters after a serious injury.
It Can’t Quantify Human Suffering
An algorithm has no way to calculate the cost of chronic pain that keeps you up at night. It cannot process the anxiety that now grips you every time you have to get behind the wheel or the profound loss of enjoyment from being unable to coach your kid’s soccer team. These “non-economic damages”—pain, suffering, and emotional distress—are real, and you have a right to be compensated for them.
It May Ignore Future Needs
The AI’s calculation is often based only on the medical care you’ve received to date. It may not properly account for the future physical therapy you’ll need, the possibility of a second surgery down the road, or a lifetime need for pain medication. A fair settlement must consider the total cost of your recovery, not just the initial bills.
Risk of “Garbage In, Garbage Out”
These systems are only as good as the data they receive. If the initial police report contains an error about the point of impact, or if a medical provider uses a billing code that downplays the severity of your injury, the AI will likely misinterpret the facts. This flawed data could lead to an automated denial or a drastically reduced offer.
Automated Red Flags and Bad Faith
AI platforms are designed to flag anything they deem unusual. A gap in your medical treatment—perhaps because you had to wait a month for an appointment with a specialist—could be automatically flagged by the software as a reason to question the severity of your injury and deny your claim.
When an insurer uses a flawed algorithm to unreasonably deny or reduce a claim, its actions might constitute bad faith. This means the company may violate its legal duty to deal with you fairly.
Navigating New York’s No-Fault System in the Age of AI
New York is a No-Fault state. In simple terms, this means your own auto insurance policy pays your initial medical expenses and a portion of your lost wages, no matter who caused the crash. This coverage, called Personal Injury Protection, or PIP, forms your first source of benefits.
The No-Fault Limit
This initial coverage is limited. Once your medical bills and lost earnings exceed your PIP limit—typically $50,000 in New York—you must turn to the at-fault driver’s insurance company to get the additional compensation you need. This is when you step out of the No-Fault system and into a traditional liability claim.
The “Serious Injury” Threshold
To pursue a claim for pain and suffering against the at-fault driver, New York State Insurance Law § 5102(d) requires you to prove you sustained a “serious injury.” The law defines this in several ways, including:
- Fractures
- Significant disfigurement
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function of system
- A non-permanent injury that prevents you from performing substantially all of your usual daily activities for 90 out of the first 180 days after the accident
This is precisely where AI-driven assessments fall short. An algorithm, looking only at diagnostic codes, may not recognize that your collection of injuries—perhaps a severe concussion, whiplash, and a torn ligament—collectively meets the legal definition of a “serious injury.” It might incorrectly conclude that you don’t meet the threshold, potentially blocking your path to full and fair compensation. How to choose a personal injury lawyer becomes critical here, since the right attorney can identify these oversights, compile strong medical evidence, and argue your case effectively against flawed AI conclusions.
Our Approach: Building a Claim for a Human, Not a Computer
An algorithm is a tool built to serve the insurance company’s bottom line. Our job is to build a case so compelling that it forces a human to pay attention. We achieve this by gathering the evidence that an AI is incapable of processing or understanding.
We Tell Your Whole Story
We go far beyond the initial medical codes and the police report. We work directly with your doctors to obtain detailed reports about your prognosis and future medical needs. We will discuss with you—may ask you to keep a journal to document how the pain and physical limitations impact your daily life and how you were before the crash—the moments an algorithm can never see. We also speak with your family, friends, and coworkers to understand the person you were before the crash and the challenges you face now. Find the right personal injury lawyer to make sure your full story is told and your claim reflects the true extent of your losses.
Comprehensive Damage Assessment
Our team meticulously documents every single loss you have suffered, including:
- All Medical Bills: This includes everything from the initial emergency room visit to projected future costs for surgery, rehabilitation, and long-term care.
- Lost Income: We calculate not just the wages you’ve already lost, but also how the injury might affect your future earning capacity, including missed opportunities for promotions or bonuses.
- Out-of-Pocket Expenses: These are the hidden costs of an injury, from prescription co-pays and medical equipment to hiring help for household chores you can no longer manage.
- The Human Cost: We assemble the evidence—through journals, interviews, and expert reports—to put a true, fair value on your pain and suffering.
Challenging the Algorithm’s Output
When the insurance company comes back with a low, computer-generated offer, we are prepared. We respond with a comprehensive demand package that details the true, human cost of the accident. We use the facts to show them exactly what their software missed and why their offer is inadequate.
What if You Were Partially at Fault?
New York follows a pure comparative negligence rule. This legal concept, outlined in CPLR § 1411, allows you to recover damages from the at-fault party even if you were partially to blame for the accident. Your final settlement or award would simply be reduced by your percentage of fault. We work to ensure fault is assigned fairly and based on evidence, not on an insurer’s attempt to shift blame and reduce their payout.
Timelines for Long Island Car Accident Claims
After an accident, the clock starts ticking on several important deadlines. Missing these deadlines could permanently prevent you from ever receiving the compensation you need.
- Filing a No-Fault Application: You have only 30 days from the date of the accident to file your No-Fault application (Form NF-2) with your own insurance company. This is a strict deadline to ensure your medical bills and lost wages are covered promptly.
- Filing a Personal Injury Lawsuit: In most car accident cases, you have three years from the date of the crash to file a lawsuit against the at-fault driver.
- Claims Against Government Entities: The deadlines are much shorter if the at-fault party is a government body, such as a county bus, a town sanitation truck, or a poorly maintained road owned by a municipality. You must file a formal Notice of Claim within just 90 days of the incident.
Frequently Asked Questions About AI and Car Accident Claims
Can I just tell the insurance adjuster the AI-generated offer is too low?
You certainly can, but an adjuster is trained to defend the company’s valuation. Without detailed, compelling evidence that documents exactly why the offer is insufficient—such as reports from medical experts on your future needs or proof of how the injury has diminished your quality of life—your objection will probably not be effective. They are relying on their data, and you need stronger data to counter it.
Does AI use my social media posts to evaluate my claim?
Yes, this is a rapidly growing practice. Insurance companies can and do use sophisticated data-mining tools to scan public social media profiles. A photo you’re tagged in at a family party or a post about taking a walk could be taken out of context and used by an AI—or a human adjuster—to argue that your injuries are not as severe as you claim. It is always wise to refrain from posting about your accident or your daily activities while your claim is ongoing.
Is it possible to find out if AI was used for my claim in Suffolk County?
It can be difficult, as insurers consider their software proprietary. However, the New York State Department of Financial Services (DFS) has issued guidance pushing for more transparency and fairness in how insurers use these tools. An experienced attorney can often recognize the tell-tale signs of an AI-generated lowball offer and the type of justification provided, and can press the insurer for more information on how they arrived at their valuation.
If my car had a dashcam, does that help counter an AI assessment?
Absolutely. Dashcam footage provides objective, visual evidence of the crash dynamics. It can be incredibly powerful in refuting an incorrect fault assessment made by either an AI or a human adjuster.
Will having a lawyer make the insurance company take my claim more seriously?
When an insurance company sees that an injured person has retained legal counsel, they know the claim cannot be quickly resolved with a lowball offer generated by their software. It signals that any offer they make will be carefully scrutinized against the evidence and that a lawsuit will be filed if a fair and just settlement is not reached. It levels the playing field.
How much does it cost to hire a car accident lawyer?
We handle personal injury claims on a contingency fee basis. This means you pay no upfront costs or hourly rates. Our fee is a percentage of the financial compensation we recover for you. If we do not win your case, you owe us no feething.
The other driver’s insurance company wants me to give a recorded statement. Should I?
No. Politely decline to provide a recorded statement to the at-fault driver’s insurance company. Insurers train their adjusters to ask questions designed to protect their interests, not yours. Anything you say could be taken out of context and used to assign you unfair blame or minimize the value of your claim. Tell them to talk to your car accident lawyer instead. When you receive an offer from the insurance company, always let your lawyer review it first to confirm it reflects the true value of your case.
What happens if the driver who hit me has no insurance or not enough to cover my injuries?
Your own auto insurance policy includes Uninsured Motorist (UM) and Supplemental Underinsured Motorist (SUM) coverage. If the at-fault driver has no insurance, your UM coverage provides compensation. If the at-fault driver’s policy limits are too low to cover all your damages, your SUM coverage can make up the difference, up to the limits of your own policy.
We can analyze your policy to maximize all available sources of recovery.
The AI report says I was partially at fault for the crash. Can I fight that?
Yes. An AI’s conclusion about fault is not the final word; it is the insurance company’s opening position. We challenge these automated findings by presenting contradicting evidence, such as dashcam footage, witness statements, photos from the scene, and analysis from accident reconstruction professionals. We fight to ensure any assessment of fault rests on the actual facts, not a flawed algorithm.
Let Us Make Your Case Human
In our modern world, where algorithms are designed to minimize your claim, our focus is to build a case that highlights the one thing a computer can never understand: your story. You are not a claim number or a set of data points. You are a person from our Long Island community who was hurt and who deserves to be treated with fairness, dignity, and respect.
Call us today at (631) 451-7900 for a free, no-obligation conversation about your accident. We are here to help.
