After you've been seriously injured in a collision on Long Island, what you say to an insurer—either to your own insurance company or the other driver's insurance company—can negatively impact your claim. Know what to say and what not to say to the insurance company after an accident to avoid inadvertently admitting fault or otherwise jeopardizing your case.
Here are some pointers from our Long Island car accident lawyers.
What You Should NOT Tell the Insurance Company After a Collision
When a crash occurs, injured victims should avoid discussing certain information with their own insurer or any other insurance company involved.
You Caused the Incident
Never admit fault after an accident, even if you feel responsible. Insurance companies can use your words to deny or devalue your claim.
Even in a no-fault state like New York, admitting fault can impact your settlement when you seek compensation for serious injuries. You are not required to determine or admit liability. Stick to the basic facts and let your legal team handle the investigation. Talk to a lawyer before making any statements about responsibility to protect your interests.
Your Injuries Aren't Serious
Never downplay your injuries when talking to the insurance company. Be honest about your condition and symptoms to ensure you receive a fair settlement that covers your medical bills.
Unnecessary Details
Stick to the basic details of the collision. Don't share personal details about your family, job, or past injuries, as this information could be used against you.
Your Opinion on Who Caused the Collision
Avoid sharing your personal opinions about who was at fault for the accident—subjective statements can harm your car accident case. Stick to evidence-backed facts.
You Don't Have a Car Accident Attorney
Never tell an insurance company that you don't have a personal injury attorney. They might use this as an opportunity to offer a low settlement or employ other bad-faith tactics. Insurers are less likely to do this if you have legal representation.
You'll Accept the Offer
Don't accept an offer from the insurance company without first understanding the full extent of your losses. Insurers may make a lowball offer before you know your case's true value, hoping you'll settle for less. Accepting this initial offer could leave you with out-of-pocket expenses.
Things You SHOULD Do After a Collision
In the days, weeks, and months after a crash, you should:
Avoid Social Media
Be careful what you share on social media after an accident. The insurance adjuster can use your posts to argue that your injuries aren't as severe as you claim, potentially leading to a lower settlement offer. Remember—anything you post can be used against your case.
Seek a Medical Evaluation and Follow Through With Treatment
Seeking a medical examination and completing medical treatment after a crash is vital for your recovery and your claim. It shows the insurance company you're taking your injuries seriously and are committed to getting better. If you don't get medical care or stop treatment, the insurer might dismiss your claim or offer a low settlement. Testimony from your doctor can also strengthen your case.
Notify Law Enforcement
According to New York Vehicle and Traffic Law Section 605, you are legally required to report car accidents involving injury, death, or property damage over $1,000 to the police and Department of Motor Vehicles (DMV). Failure to file these reports can result in legal penalties and damage your personal injury case; a police report is crucial evidence.
Notify the Insurance Company
Notifying your insurance company promptly after a crash creates an official record and ensures you don't miss any filing deadlines, which is crucial for your case. In New York, you must submit the information for personal injury protection (PIP) or no-fault benefits within 30 days of the car accident.
Take Photos and Videos of the Crash Scene
If possible, take photos and videos of the car's damage, the accident scene, and your injuries. If you couldn't get evidence at the scene, a lawyer can find other information to support your case.
Consider Legal Help
After a collision, personal injury victims with serious injuries shouldn't have to manage a complicated legal case. An experienced car accident attorney can review your situation, handle all dealings with your insurer and the at-fault driver's insurer, investigate the crash, and recover compensation for your losses. We offer a free consultation and work on a contingency fee basis, meaning we don't charge upfront or out-of-pocket legal fees.
What Do I Need to Know About Insurance Companies?
Insurance companies are for-profit businesses that prioritize making money over paying out personal injury claims. This may lead them to deny valid claims or underpay for losses.
Here's what you should know about insurance companies and auto collision claims:
Some Insurers Employ Bad-Faith Insurance Practices
When you sign an insurance contract, you pay premiums for coverage. However, some insurers act in "bad faith" to avoid paying for losses. This can include ignoring claims, misrepresenting policies, offering low settlements, delaying the process, or denying claims without reason. Insurers are less likely to use these tactics when a lawyer is involved, as they face legal risks.
Insurance Companies Want Proof of Your Damages
To file a claim, you need to provide evidence to support your case, such as a police report, photos of the damage, copies of your medical expenses, and your full medical records. A lawyer can gather this evidence for you.
Insurance companies may try to avoid paying by not telling you about filing deadlines. A lawyer can ensure all paperwork is filed on time, negotiate a settlement, and guide your case to a fair resolution.
Most Car Accident Claims Get Resolved Through Negotiations
Most car accident claims are resolved through settlement negotiations, not in a courtroom. However, this doesn't mean you should share unnecessary information with the claims adjuster or the other driver's insurer.
What Can a Personal Injury Lawyer Do for Me?
When you seek guidance from our law firm, we can make the claims process easier. We know how to deal with insurance companies and how to protect you from bad-faith practices.
We act as your advocate in the legal action following a car crash with serious injuries and damages that exceed PIP coverage. We work to support your claim while the at-fault driver's insurance company tries to devalue it. Our car accident lawyers will investigate your case, gather evidence, calculate your losses, determine fault, negotiate with the insurance company, and manage all necessary filings and court proceedings.
We review your case to determine how much compensation you may receive for your serious injuries. Maximum compensation for car accident victims may include medical expenses, current lost wages, future lost income, vehicle damage, and more.