5 Common Mistakes to Avoid When Filing a Car Accident Claim in New York

There’s a lot to handle after a car accident, including the need to file a claim to trigger financial benefits and compensation. Rather than trying to deal with all the tedious but important details yourself as you convalesce, an experienced  New York Car Accident Attorney can quarterback the entire claims process for you.

Don’t lose sight of the fact, moreover, that Insurers seldom make things easy for claimants, and the often-confusing claims procedure is fraught with pitfalls for those who are understandably unfamiliar with it. 

With that in mind, here are five common mistakes that unrepresented accident victims sometimes inadvertently make.

Underestimating Your Injuries: Getting the Compensation You Deserve

As a threshold matter, a car accident victim should avoid being tempted to agree to a quick insurance settlement without first obtaining professional legal advice.

This is because the long-range implications of an injury, such as ongoing medical expenses, and pain and suffering, may still be unknown. 

Once you formally sign off on a settlement offer, it’s unfortunately game over.

A qualified Personal Injury Lawyer can carefully analyze your present and future medical costs, plus lost income, and other fundamental factors on the horizon and thus calculate your full measure of damages. 

Ultimately, it’s far better to seek a legal consultation before you strike any deal with a pushy claim adjuster.

Key Actions to Take After a Car Accident  in New York

In addition to trying to handle matters without legal counsel, there are at least four other common mistakes that accident victims are prone to commit. 

Here is just an encapsulation of what actions to take to avoid those miscues.

Call the Cops

Always call 911. The police report is the entry level document for evidence supporting a car accident claim. 

Leaving the scene (assuming your car is even drivable or there are no major injuries) before cops arrive is also against the law. 

Make sure you hang around until the arrival of law enforcement so that they investigate at the scene and identify the parties and the witnesses. In the meantime, and if you are up to it, take videos or pictures of the accident scene, the property damage, and so on.

It may be tempting to make some sort of side deal with the other driver and go about your business, but as a practical matter, it is inadvisable because agreements, recollections, and attitudes may significantly change after the fact.

Seek Medical Attention

Even if you’ve been checked out by EMTs at the scene who might conclude that you are good to go, make an appointment with your family physician right away or go to an immediate care clinic for a full workup.

Insurance adjusters may dispute your claim unless you can provide evidence that you sought and began to receive medical treatment promptly after the accident occurred. 

And for the sake of your own personal health, remember that post-accident symptoms such as e.g., for a concussion, may not emerge immediately. 

Minimize Commentary

Each  situation is unique, and a wider investigation often needs to take place before drawing any firm conclusions.

In that context, beyond providing the basic facts, it’s usually best to avoid admitting fault prematurely, or anything that could be construed as fault, to the police, the other driver, or insurance adjusters, or engaging in any extensive dialogue with them.

You should also never take to social media to comment about what happened. 

Any untoward statements or remarks can  hamper your ability to obtain compensation. 

Instead, let a New York Car Accident Attorney do the talking and the communicating for you.

Comply with Deadlines

In New York, you need to notify your own insurance company within 30 days to trigger no-fault benefits. You risk losing that coverage if you don’t provide written notice in that time frame.

The statute of limitations for filing a personal injury lawsuit in court against the at-fault driver in New York, if legal action becomes necessary, is three years, with some exceptions. After that window closes, an accident victim no longer has any legal right to compensation.

While three years may seem like a long time, evidence can quickly go stale or disappear, or other unfavorable things can happen along the way to impede your claim. 

The sooner you hire a lawyer to assist with the required paperwork and to commence the evidence-gathering process the better.

Contact A New York Car Accident Attorney for Assistance

The accomplished lawyers at Spektor & Associates, P.C., have the knowledge and skills to resolve any issues that you might be facing in the claim filing process.

Contact us for a free consultation.