When you are injured in a car accident due to the negligence of another party, you may know you have to exchange insurance information with the other driver at the scene of the accident. However, you may not know that you are under no legal obligation to speak to the insurance adjuster for the other party. While they may seem friendly or eager to help, these individuals are looking for ways to reduce or dismiss your claim. As such, understanding your rights before speaking to an insurer is critical in New York City. If you decide to pursue damages, you should have your attorney do the talking for you. A car accident lawyer in Queens can help you protect yourself and build a compelling case.
Do You Have to Speak With the Other Driver’s Insurance Company?
In most situations, you are not legally required to provide a recorded statement to or discuss the details of the accident with the insurance adjuster from the other driver’s company. Though they may come off as concerned for your health and looking to help, their main goal is to limit how much compensation their company pays. As such, anything you say may be later used to reduce or deny your claims.
What You Are NOT Required to Do
- You do not have to provide a recorded statement
- You do not have to answer questions about your injuries
- You do not have to speculate about the fault of the circumstances leading up to the collision
- You do not have to sign medical authorization forms
These rights apply to accident victims in New York City and across the state. As such, if you are contacted by an insurance adjuster, you should direct them to reach out to your attorney with any further questions.
Why Does the Other Driver’s Insurance Want to Talk to You?
While many may assume that completely avoiding an insurance adjuster is an extreme measure, it’s important to understand that doing so is integral to protecting your right to recover compensation for the injuries you’ve suffered. Though these calls may seem routine or investigative to help you, in reality, they are designed to collect statements to hold against you at a later point.
Common Insurance Adjuster Tactics
- Asking questions that lead you to admit partial fault
- Requesting recorded statements while you are still processing the collision or under the influence of medication
- Getting you to admit you feel “fine” before injuries appear
- Asking broad questions to get you to disclose your medical history
- Pressuring you into accepting a fast settlement
Unfortunately, even casual comments like apologizing or saying you “didn’t see” the other driver can be held against you to reduce the value of your claim. As such, it is in your best interest to avoid speaking with an insurance adjuster unless you have obtained the guidance of an experienced attorney.
What Information Must You Exchange After an NYC Car Accident?
In New York, those involved in a collision are legally required to exchange important basic and insurance information at the scene of the accident. This ensures both drivers are able to file a claim once they leave the scene. It is important to understand that this is different from providing a formal statement to the insurance company.
Required Information at the Scene
- The name and contact information of the other driver
- Vehicle registration details
- Insurance carrier information and policy numbers
- License plate number
At the scene, you are not required to, nor should you, discuss fault or injuries with the other driver involved.
What Are the Risks of Speaking to the Other Driver’s Insurance Adjuster?
Though you may think you’re helping move the claim along by cooperating with the other driver’s insurance adjuster, the information you provide may be manipulated and taken out of context to reduce how much the company pays for your claim.
How Your Words Can Be Used Against You
- Your statements may be compared to your medical records to find inconsistencies
- They may claim you admitted partial fault for the accident
- They may try to get you to accept a settlement before the full nature of your injuries is known
- They may argue that you delayed treatment, so the injuries must not be severe
What If the Insurance Company Makes a Quick Settlement Offer?
When you are injured in a collision, it’s not uncommon for the insurance company of the negligent party to offer an immediate settlement amount. However, it’s necessary to understand that, in most instances, these offers are dramatically lower than the true value of your claim. Insurance companies extend these offers because many are unaware of the full extent of the injuries and subsequent damages they have suffered. As such, when facing the immediate medical bills from an accident, many accept these low-value offers.
Why First Settlement Offers Are Usually Too Low
- They do not include the cost of future medical expenses
- They may underestimate lost income
- Pain and suffering may not be fully considered
- They may not account for long-term disability or complications
It’s necessary to understand that, once you accept a settlement amount, you are unable to pursue additional compensation in the event that additional expenses arise at a later date.
Deadlines that Affect Your Right to Seek Compensation in NYC
Unfortunately, a common tactic used by insurance companies is to delay communications with those filing claims in the hopes that they give up or important legal deadlines pass. However, even when dealing with an unresponsive or uncooperative insurance company, New York deadlines and statutes of limitation will still apply.
New York Injury Claim Timelines
- Most personal injury claims must be filed within three years of the date on which the injury occurred
- Claims against municipalities or governments must be submitted within 90 days of the date on which the accident occurred
Contact an Experienced New York City Personal Injury Attorney
If you have been injured in a car accident in New York City or the surrounding area, working with an experienced attorney is in your best interest, especially when communicating with insurance companies. At the Law Offices of George Poulos, our firm understands how complicated these matters can be to navigate, which is why we are committed to helping you fight for the best possible outcome. Contact us today to learn more.