Understanding what to say—and what to avoid—when speaking with insurance adjusters can make a big difference after a car accident in New York. Some actions can strengthen your claim, while others may reduce the compensation you receive.
Because New York follows a no-fault insurance system, you’ll likely deal with your own insurer first. If your injuries meet the serious injury threshold, you may also have a claim against the at-fault driver’s insurance company. Handle all communications with care, and consider working with an experienced New York car accident lawyer who can protect your rights and guide you through the claims process.
Dos When Talking to Insurance After a Car Accident
Insurers aim to make a profit, so denying or minimizing claims to protect the bottom line is a common practice. Take specific actions that can bolster your claim and make it harder for the insurance company to give you less than fair damages.
Ask for Written Communication
Emails and letters provide you with dated evidence of your interactions with the insurance company that is difficult to dispute. If you receive phone calls, ask for the same details in writing and email the insurance company with your recollection of the conversation.
Consult Your Attorney Before Giving Statements
Statements to your insurance adjuster can result in reduced claims if you don’t have skilled legal representation to advise you on when and how to answer questions. If an adjuster pushes you for a statement, tell them to contact your lawyer.
Provide Only Basic Facts
Give the insurance company your name and contact information, and advise them that you are filing a claim. Do not discuss any details about the accident, who was at fault, or your injuries, and don’t take advice about what to say to an insurer except from an experienced attorney.
Stay Calm and Polite
Communicating with insurance adjusters can be frustrating, but they make important decisions regarding your financial security. Always be polite, and stay calm so you don’t create an antagonistic relationship or say something out of frustration that can hurt your claim.
Document Every Conversation
If your insurance adjuster contacts you by phone or visits your home, write down the details immediately. Email your insurer with the details of the conversation to verify that it occurred and what you took from it, and forward those emails to your attorney.
Correct Any Inaccuracies
Read all documentation from insurance companies carefully and ask them to correct wrong information immediately and in writing. Pay particular attention to details such as coverage limits, policy numbers and covered vehicles, the date of your crash, and other information that could lead to delays or claims denial.
Keep Copies of All Documentation
Keep everything the insurance company sends you, and make backups. Insurance language and claims are complex, and you may not understand the importance of a piece of documentation until later in the claims process.
Don'ts When Talking to Insurance After a Car Accident
Insurance adjusters actively seek mistakes accident victims make and use them as reasons to deny claims or offer low payouts. Avoid common errors to take better control of the process and protect your potential damages.
Don't Admit Fault
Don’t say anything insurers can construe as an admission of responsibility for the crash, such as, “I only looked away for a second” or, “I was barely over the speed limit.” Insurers use your fault level to pay less, and under New York’s pure comparative negligence law, your percentage of liability reduces your damages in a lawsuit.
Don't Provide Recorded Statements Without Legal Advice
Only take your attorney’s advice on when or if to provide a recorded statement to an insurer. If a claims adjuster tells you that you must make a recorded statement to receive a settlement, refer them to your lawyer or hire one immediately.
Don't Discuss Injury Details
The insurance company doesn’t have the right to explore the extent of your injuries until the more formal parts of the claims process. You may accidentally say something that diminishes your injury and thus the value of your claim, so only talk on your attorney’s advice or let them talk for you.
Don't Accept the First Offer
Insurance companies often make low initial settlement offers so claimants will accept before understanding the full nature of their damages. Once you take a settlement, you cannot ask for additional compensation, such as if a back injury turns out to be disabling.
Don't Sign Anything Without Review
Read every word of every document very carefully and don’t sign anything unless you completely understand what rights you are giving up. An experienced car accident attorney can review documents for you so you don’t make mistakes that could negatively impact your compensation.
Don't Share Full Medical Records
An insurance company may deny your claim or reduce a settlement offer and say that preexisting conditions caused the severity of your harm, not the car accident. Talk to an attorney before releasing any medical records to insurers, no matter how persistent adjusters are.
Common Questions About Dealing With Insurance After a Crash in New York
Dealing with an insurer after a car accident can be frustrating and confusing. These are some of the common questions our knowledgeable attorneys answer regarding the car accident insurance claim process and communicating with insurance companies.
What Should I Do if the Adjuster Contacts Me at Inconvenient Times?
If you receive persistent or inconvenient contact attempts from adjusters, give them your preferred contact times and clearly tell them to only reach out during those times. Do this in writing so you can later show that you made a reasonable effort to accommodate them.
What Are My Rights if the Insurance Company Denies My Claim in New York?
If an insurance company denies your claim, you have options such as filing an appeal, pursuing no-fault arbitration, or initiating a lawsuit. You can also file a complaint with the New York State Department of Financial Services. Gather all of your documentation and your denial letter, and consult an experienced New York car accident attorney, who can determine how to best move forward and help you meet deadlines so you don’t lose your chance to appeal.
Can the Adjuster Access My Social Media or Personal Information?
Adjusters use insurance company surveillance tactics, including monitoring your public social media activity and seeking other personal information. They may also gain access to your social media activity and other data during the discovery process.
Make your settings private and avoid social media altogether while you have an active claim. Something as simple as a picture of you playing outside with your kids could undermine your claim that you have injuries that prevent you from working or performing other activities.
Contact Chopra & Nocerino: Trusted Car Accident Lawyers in New York
You have a lot to deal with after a car accident and don’t need the additional stress of fighting for fair compensation from insurance companies. Partner with our respected New York injury law firm and get assistance from a team of true advocates who treat clients like family. We know car insurance dos and don’ts and will protect you at every step.
Our car accident attorneys are real New Yorkers who stop at nothing to defend our clients and make sure their bills are paid. We have decades of combined experience and case results totaling hundreds of millions, including several seven-figure verdicts and settlements for car crash victims.
Contact us online or call 855-NYC-HURT today for a free consultation.
