Dealing With Insurance Companies After a Car Accident in NYC: Why You Need a Lawyer

Dealing With Insurance Companies After a Car Accident in NYC: Why You Need a Lawyer

Unfortunately, due to the high volume of traffic and road congestion, car accidents in New York City are an all-too-common occurrence. In 2023, there were over 51,000 traffic accident-related injuries in NYC.

Whether it was a minor fender-bender or a serious car accident, dealing with the aftermath of your collision is no doubt stressful. In theory, auto insurance is meant to protect you after an accident, compensating you for your injuries and losses. However, in practice, insurance companies often prioritize their bottom line over providing fair compensation.

In this article, we will discuss insurance companies’ tactics to devalue car accident claims and how a personal injury lawyer can help ensure you receive the full compensation you deserve.

How New York’s No-Fault Insurance Laws Affect Your Car Accident Claim

New York is a no-fault state. This means that if you are involved in a car accident, your own insurance policy is responsible for covering certain costs, regardless of who caused the crash. This includes financial compensation for medical expenses, lost wages, property damage, and other out-of-pocket expenses.

However, your own policy may not cover all of your financial losses after a car accident. Medical coverage usually caps out around $50,000, which may not be enough if you have been severely injured. Furthermore, your no-fault insurance personal injury protection plan does not cover pain and suffering, emotional distress, or other non-economic damages – which can be significant in more serious car accident cases.

Understanding when and how to step outside of the no-fault system to file a personal injury lawsuit can be difficult. A car accident attorney can help you explore your compensation options and ensure that you take the right legal steps.

Beware of Common Insurance Company Tactics

It is important to remember that insurance companies are profit-driven businesses that are not looking out for your best interests. Their goal is to settle for as little money as possible, and they often use various tactics to achieve this – even if it comes at the expense of the accident victim’s rightful compensation.

Consider some common strategies insurance companies use to reduce or deny car accident claims:

• Quick settlement offers: The insurance adjuster may be quick to offer you a settlement shortly following the accident, while you are still recovering and unsure of the long-term impact of your injuries. These offers may not even be enough to cover your future medical bills or lost income.
• Delaying the claims process: The insurance company may intentionally drag its feet in processing your claim. They may request excessive documentation or find other ways to avoid paying your claim, hoping you’ll accept a lower offer out of frustration.
• Denial of car accident claims: The insurance company may deny your claim outright by asserting that the accident was your fault, that your injuries were pre-existing, or that they are not covered by your policy.

Since insurers do not always act in good faith, please know that trying to handle insurance negotiations without an NYC personal injury attorney can put you at a severe disadvantage. You may be left under-compensated for your injuries and financial losses.

Avoid Common Mistakes When Pursuing a NYC Car Accident Insurance Claim

It is important to avoid certain common mistakes when dealing with the insurance company after a car crash. In fact, you can maximize your chances of receiving fair compensation by:

• Delaying reporting the accident: Don’t wait too long to report the accident to the insurance company. Most insurance companies require that any car accident be reported in a timely manner, and failure to do so could lead to a denial of your claim.
• Failing to seek medical attention: If you delay getting medical help after an accident, the insurance company could argue that your injuries weren’t serious or that they were caused by something other than the collision. Be sure to get a medical evaluation as soon as possible and follow through with any recommended treatments.
• Providing inaccurate information: When speaking to the insurance company, provide clear and accurate details about the time, date, location, and the parties involved in the accident. Avoid exaggerating or downplaying any facts. Inconsistencies could hurt your credibility and negatively impact your claim.
• Admitting fault: Emotions may run high after a motor vehicle accident, and you could be tempted to apologize or accept blame. Even if you believe you were partially at fault, do not accept liability when speaking with the insurer. Any statements you make admitting fault could reduce your chances of receiving compensation.
• Providing a recorded statement: Giving a recorded statement without consulting a lawyer is not a good idea. The adjuster may ask questions designed to elicit responses that could weaken your claim. It is wise to decline given a recorded statement until you have spoken with a lawyer.
• Signing a release too soon: If the insurer sends you a release of claims or a settlement agreement, refrain from signing until you have reviewed it with your lawyer. Signing before you know the full scope of your injuries could leave you without the money you need to cover your medical treatments and other expenses.
• Handling the claim without legal representation: Some accident victims try to handle the insurance claim process on their own, thinking they will save money by not hiring a lawyer. Insurance companies have teams of adjusters and attorneys working for them, and navigating the claims process without legal help can put you at a disadvantage. An attorney from a personal injury law firm can negotiate on your behalf and make sure you recover full compensation for your losses.

Why Hire a New York City Car Accident Lawyer

Dealing with the insurance company will likely be one of the most challenging aspects of your New York City car accident claim. Consider some ways a personal injury attorney can help you get a fair settlement following a motor vehicle accident.

Negotiating with the insurer

Insurance adjusters are trained to offer the lowest possible settlement in hopes that the accident victim will accept it without question. When you don’t have a lawyer by your side, the insurance company may assume that you are unaware of the full value of your claim and try to pressure you into accepting a fast and low settlement.

Experienced personal injury attorneys are skilled negotiators who know how to challenge unfair settlement offers. Your lawyer will negotiate aggressively on your behalf to ensure that you receive money to cover all of your damages.

Gathering evidence

The insurance company may challenge the severity of your injuries or dispute liability for the motor vehicle accident. To counter this, you will need strong evidence to support your claim.

Car accident lawyers know how to gather evidence necessary to support your claim:

• Medical records: Your attorney will gather all of your medical documentation, including hospital records, doctor’s notes, and treatment plans, to demonstrate the full extent of your injuries
• Police report: Personal injury attorneys will review the official police report and use it to support your claim
• Witness statements: Your attorney will contact any witnesses who saw the accident or its aftermath; their statements may be able to corroborate your version of events
• Video footage: Lawyers will try to collect video documentation recorded at the crash scene, as well as footage from dashcams, traffic cameras, and video surveillance cameras
• Expert testimony: Personal injury attorneys will, at times, consult experts in various fields, such as medical professionals, accident reconstruction specialists, and economists, to provide testimony that strengthens your case

By compiling this evidence, your attorney will build a solid case that forces the insurance company to take your claim seriously.

Communicate with the insurer

Another benefit of hiring an accident attorney is that he or she will handle all communication with the insurance company on your behalf.

Adjusters are trained to ask leading questions and look for ways to minimize your claim. If you speak to them directly, you might inadvertently say something that could be used against you later.

Personal injury lawyers understand these tactics and know how to communicate effectively with insurance companies to avoid common pitfalls. Your lawyer will ensure that the insurance company only receives the information necessary to process your claim – preventing the insurance adjuster from twisting your words to reduce the payout.

Litigate in court

While many auto accident claims are settled out of court, there are situations where the insurance company refuses to offer a fair settlement. If negotiations are unsuccessful, your lawyer will be prepared to file a civil lawsuit and present your auto accident case in court.

Insurance companies tend to be more willing to offer a fair settlement when they know that the accident victim is represented by a lawyer who is not afraid to litigate.

If your case goes to trial, your lawyer will represent you in court, present evidence, cross-examine witnesses, and fight for the maximum compensation you deserve.

Choosing the Right Lawyer to Handle Your NYC Car Accident Case

If you have been involved in a motor vehicle accident in New York City, choosing the right law firm and attorney to represent you can significantly impact the outcome of your case. Filing an insurance claim and navigating the legal system can be challenging.

Here are some tips to ensure you select the best car accident lawyer to handle your case:

• Experience in your case type: Many personal injury lawyers are skilled in handling a variety of case types such as car accidents, medical malpractice, liability for defective products, and slip-and-falls. You want to choose a lawyer who has successfully handled cases similar to yours.
• Solid reputation: Online reviews, client testimonials, and professional recognition can give you insight into how a lawyer is viewed. Look for attorneys who are respected by their peers, former clients, and the legal community.
• Good communication skills: During your initial free consultation, evaluate how well the lawyer listens to your concerns and answers your questions. A lawyer who takes the time to explain your legal options, timelines, and potential outcomes demonstrates that he or she is dedicated to your case.
• Evaluate the attorney’s resources: A well-established law firm with access to expert witnesses, medical professionals, accident reconstructionists, and other resources can strengthen your case. Make sure to choose an attorney who has the tools and legal team needed to manage your case thoroughly, from start to finish.
• Trust your instincts: Does something feel off during your initial consultation? If so, keep looking. You need a lawyer you feel comfortable and confident in. The person you choose to represent you should be someone you can trust to fight for your best interests throughout the process.

Contact Hill & Moin for Help Dealing With Insurance Companies

Dealing with insurance companies after a car accident in New York City is no easy task. Our legal team can handle your case from start to finish, offering support and legal guidance. While a personal injury lawyer handles every aspect of filing your claim and securing compensation for your losses, you can focus on your recovery.

At Hill & Moin LLC, we take car accident cases on a contingency fee basis. You do not pay any upfront costs or fees, and we only get paid if your case is successful and you receive a settlement or reward.

If you have been injured in a car accident in New York City, NY, don’t leave your financial future in the hands of insurance companies. Contact our law firm today to ensure you get the help you need during this challenging time.

With our law firm on your side, it’s like having “a lawyer in the family,” as clients have told us. Call (212) 668-6000 to schedule a free case review and discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!