Dealing With Insurance Companies After an Accident

Soon after an accident, the phone may start ringing. Adjusters can sound friendly and helpful. Remember, though, that an insurance company is a business, and it works to limit what it pays.

Knowing how the process works can help you avoid costly mistakes. A Brooklyn car accident lawyer can also step in and handle the insurers for you.

Whose Insurance Company Is Calling?

You may hear from more than one insurer:

• Your own insurer, which you should notify about the accident
• The other driver’s insurer, which may contact you to ask about fault and injuries
• A property owner’s insurer, if you were hurt on someone’s premises

You must cooperate with your own insurer. You have far less reason to help the other side’s insurer build its case.

New York’s No-Fault System

After a car accident, New York’s no-fault system usually pays certain medical costs and lost earnings through your own policy. This applies no matter who caused the crash.

No-fault has strict deadlines. The Department of Financial Services says written notice is due as soon as reasonably practicable, and no later than 30 days after the accident. Late notice may be accepted with good reason, so do not rely on that.

If an insurer denies a no-fault claim, the same DFS page explains that the dispute can go to arbitration through the American Arbitration Association.

Common Insurance Tactics

Adjusters may try some familiar approaches:

• Asking for a recorded statement early
• Offering a quick settlement before your injuries are clear
• Suggesting you were partly at fault
• Arguing that your injuries came from something else
• Delaying the claim until you feel pressure to accept less

Being at fault in part does not always end a claim, because Brooklyn’s comparative fault law can reduce compensation instead of barring it.

What to Do and What to Avoid

A few simple habits can protect your claim.

Do:

• Report the accident to your own insurer on time
• Give only basic facts, such as your name and contact details
• Keep records of every call, letter and email
• Keep up with your medical care

Avoid:

• Giving a recorded statement without legal advice
• Signing releases or medical authorizations you do not understand
• Accepting a settlement before you know the full cost of your injuries
• Posting about the accident online

If you are still early in the process, the steps in what to do after an accident can help you protect your claim.

Why a First Offer Is Rarely the Full Picture

An early offer may not cover future surgery, therapy or lost income. Once you accept it, you usually cannot ask for more.

It helps to understand the types of damages in a Brooklyn injury claim before you respond to any number. Good records of your injuries and losses also strengthen your position, which is why evidence for a personal injury claim matters from the start.

When to Get Legal Help

Consider calling a lawyer if you were seriously hurt, if the insurer disputes fault, or if you feel pressured. These are among the warning signs of when to hire a personal injury lawyer.

Motorcycle riders often face extra doubts from insurers about fault and injuries. If that is your situation, a Brooklyn motorcycle accident lawyer can help.

Talk to a Brooklyn Personal Injury Lawyer

You do not have to negotiate with insurers on your own. At Edelstein, Faegenburg & Blyakher, LLP, we can review your situation and explain your options. Contact us to schedule a free consultation.

We also help injured people in Manhattan.

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