If you’ve recently been in a car accident in New York, you may be feeling confused and worried about what to do next. At this time, it’s normal to feel uncertain about how to proceed. You’re not alone, and we are here to guide you through the process of filing your claim with the care and attention that it deserves. The steps you take in the days and weeks after your accident can greatly influence the outcome of your case. In this blog, we will discuss some of the most common mistakes people make when filing car accident claims in New York and how to avoid them, ensuring that your case is as strong as possible.
Failing to Seek Medical Attention Immediately
One of the biggest mistakes people make after a car accident is delaying or ignoring medical attention. Whether you think your injuries are minor or not, it is important to seek medical treatment right away. Many injuries, especially soft tissue injuries like whiplash, may not show symptoms immediately. If you wait too long to see a doctor, you may unintentionally hurt your case. Insurance companies may argue that your injuries weren’t as serious if you didn’t seek treatment promptly. This can lead to complications when you are trying to recover compensation for medical expenses and pain and suffering. Even if you don’t think you’re injured, always get checked out by a healthcare professional. Documenting your injuries immediately is crucial to securing the compensation you deserve.
Not Gathering Sufficient Evidence at the Scene
After a car accident, gathering evidence is a key part of protecting your claim. Many people fail to collect the necessary information at the scene of the accident, which can hurt their ability to prove the other party was at fault. It is essential to take photos of the accident scene, including damage to the vehicles, any visible injuries, the surrounding environment, and anything that could be important to your case. Additionally, make sure to get the contact information of the other driver involved and any witnesses who may have seen what happened. This evidence will help establish the facts of the case and strengthen your claim.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Admitting Fault or Making Incriminating Statements
It’s natural to feel stressed or emotional after an accident, but one of the most common mistakes people make is admitting fault or making statements that can be used against them later. Even if you think you may have been partially responsible for the accident, it is crucial to avoid saying anything that could be interpreted as an admission of guilt. Often, the full details of an accident aren’t clear immediately, and what may seem like your fault at the time could be proven otherwise with further investigation. It’s always best to stick to the facts and let your attorney handle the negotiations with the insurance company.
Failing to Contact Your Insurance Company on Time
After an accident, it’s important to notify your insurance company as soon as possible. New York law requires that you inform your insurance provider within a specific time frame, typically 24 hours after the accident. Failing to do so may result in the denial of your claim, as insurance companies are strict about deadlines. Even if the accident wasn’t your fault, you still need to inform your insurer about the situation. Promptly reporting the accident allows them to begin their investigation and helps you get the process started. However, when you talk to your insurer, remember that anything you say can be used against you, so it is best to have legal representation before making detailed statements.
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Underestimating the Value of Your Claim
It’s easy to underestimate the value of your car accident claim, especially when you’re dealing with stress, medical appointments, and vehicle repairs. However, one of the most common mistakes is settling with the insurance company too quickly. Insurance companies often offer quick settlements that seem fair but are typically much lower than what you may be entitled to. Settling too soon can prevent you from recovering the full amount for lost wages, medical expenses, pain and suffering, and long-term care if necessary. It’s important to take your time, assess the full extent of your injuries, and consult with a lawyer who can help you evaluate your claim’s worth before accepting any offer from the insurance company.
Not Consulting an Attorney
Another mistake people often make is not seeking legal advice early enough in the process. Filing a car accident claim involves navigating complex legal and insurance processes, and a small mistake can lead to significant financial consequences. While you are not required to hire an attorney to file your claim, it’s highly recommended that you consult with one, especially if your accident involved serious injuries or other complexities. An experienced attorney can guide you through the process, help you understand your rights, and work to get you the compensation you deserve. Many people believe they can handle the claim on their own, but an attorney’s assistance can significantly improve your chances of securing a favorable outcome.
Accepting the First Settlement Offer
Insurance companies are businesses, and their goal is to settle claims quickly and for as little money as possible. They may offer you a settlement early on, hoping that you’ll accept it without fully understanding the value of your case. However, this first offer is often far less than what you are entitled to. It’s tempting to take the quick payout, especially if you’re facing mounting medical bills or lost wages, but accepting a low settlement offer can leave you short of the full compensation you deserve. It’s essential to have an attorney review any settlement offers
before agreeing to them. In many cases, negotiating a higher settlement is possible, and having legal representation can make all the difference in securing a better outcome for your case.
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Failing to Keep Track of All Expenses and Damages
Another mistake people often make is not keeping detailed records of all their expenses and damages after the accident. It’s essential to document everything related to your car accident, including medical bills, repair costs, lost wages, and any out-of-pocket expenses. Additionally, keep a record of how the accident has affected your daily life, such as pain, suffering, and loss of enjoyment of activities. This information will be vital in proving the full extent of your damages and ensuring that you receive fair compensation. Without proper documentation, it will be difficult to prove the impact of the accident on your life, which could result in a lower settlement or denied claim.
Delaying the Filing of Your Claim
New York law has specific time limits for filing a car accident claim, known as the statute of limitations. In most cases, you have three years from the date of the accident to file a personal injury lawsuit. However, delaying the filing of your claim can hurt your case in several ways. Key evidence may be lost or become harder to obtain as time passes, and witnesses may forget important details. Additionally, if you wait too long to file, you risk missing the deadline and losing your right to pursue compensation altogether. To protect your rights, it’s important to file your claim as soon as possible after the accident.
Verdicts & Settlements
Not Understanding New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, which means that after an accident, your own insurance company generally covers your medical expenses and lost wages, regardless of who was at fault. However, if your injuries are serious enough, you may be able to pursue a claim against the at-fault driver for additional damages. Understanding how this system works is crucial for successfully navigating the claims process. Many people mistakenly assume they can immediately sue the other driver, but you may need to meet certain requirements or thresholds before being able to do so. An attorney can help you understand these rules and ensure that you take the right steps in pursuing your claim.
Filing a car accident claim in New York can be a complicated and overwhelming process, especially if you’re dealing with injuries, medical bills, and lost wages. However, avoiding these common mistakes can make all the difference in securing the compensation you deserve. By seeking prompt medical attention, gathering evidence, avoiding premature settlements, and consulting with an attorney, you can set yourself up for the best possible outcome.
At Andrews, Bernstein & Maranto, PLLC, we understand the challenges you are facing and are committed to helping you navigate the car accident claims process. Our team is dedicated to securing a successful case result for you. If you’ve been in a car accident in New York and need assistance with your claim, don’t hesitate to contact us today. Let us help you get the compensation you deserve.