An attorney can help after your car accident
If you were injured in a car accident caused by another driver in New York, you deserve to be financially compensated for your injury-related expenses. Often, getting this money involves dealing with insurance companies.
This might sound straightforward. But insurance companies often do everything they can to make the process complicated and frustrating. Fortunately, you don’t have to take on insurance companies on your own. An experienced New York car accident lawyer can help.
First, here are some important things you need to know when dealing with insurance companies after a car accident in New York.
Tell your insurance company you have been in a car accident
If you have been in an accident in New York caused by another driver, you need to tell your insurance company about your accident. This is especially true in New York, which has a no-fault car insurance system. That means your insurance claim process starts with filing a claim with your own insurance company seeking compensation.
In New York, you have 30 days from the date of your accident to file a claim, but you generally need to notify your insurance company sooner than that. In addition, if your car accident caused more than $1,000 in property damage, you must file a Report of Motor Vehicle Accident form with the New York Department of Motor Vehicles no more than 10 days after your accident.
If someone was seriously injured or killed in your car accident, you must immediately notify the police. It is against the law in New York to leave the scene of a crash and not report a fatal car accident or serious injury to the police.
You don’t have to talk to the other driver’s insurance company
While you are required to tell your insurance company you have been in a car accident in New York, you do not have to talk to the other driver’s insurance company about your accident. It is in your best interests to not say anything to the at-fault driver’s insurance company after your accident. This is because anything you say could later be used as evidence by the insurance company to reduce or deny your accident claim. Insurance companies do this because they’re more interested in their bottom line than paying you the money you rightfully deserve for your accident.
You don’t have to give insurance companies access to your medical records
Another trick insurance companies often play is to ask for access to your medical records after your accident. Their request might seem simple. But often, what they’re really doing is looking for anything in your medical records they can use to deny your claim.
For example, a common tactic insurance companies use for denying an injury claim is to say that someone’s injury is a pre-existing medical condition, rather than an injury caused by a car accident. Don’t give insurance companies access to your medical records without talking to a lawyer first.
Don’t sign anything related to your accident, including a release form
Insurance companies will often ask you to sign many documents after your accident. Such documents may include a release form, which gives them access to your medical records and other important personal documents. Don’t sign anything before talking to an attorney about your legal options.
Don’t give a recorded statement about your accident
Once you have told your insurance company you have been in an accident, make sure you keep your statements about your accident to a minimum. The more you say or talk about your accident, the more evidence insurance companies often have to deny your claim.
This is especially true when it comes to recorded statements about your accident. Don’t agree to give a recorded statement about your crash. Your comments can be taken out of context, or you might say something by accident about your crash that could be used to deny your claim.
You do not – and should not – give a recorded statement about your accident. If you need to provide a statement, your lawyer can help you craft a written statement that accurately tells your side of the story.
