Common Mistakes Drivers Make After a New York Car Accident That Hurt Their Claim

After a car accident in New York, what you do in the hours and days that follow can have a profound effect on your ability to recover the compensation you need and deserve. Many drivers believe that as long as the police respond and insurance information is exchanged, the rest of the process will take care of itself. In reality, insurance companies closely scrutinize a claimant’s actions after a crash and routinely use a victim’s missteps to dispute liability, minimize injuries, or deny claims altogether.

These mistakes are rarely intentional. Most people simply do not realize how insurers evaluate claims or how New York’s no-fault and negligence rules operate in practice. Understanding these common errors and why they matter can help protect your legal rights after an accident. If you or a loved one were hurt in a crash in Manhattan, the Bronx, Brooklyn or Queens, or outside of New York City in Nassau or Westchester County, contact Leandros A. Vrionedes, P.C., for help from an experienced and dedicated NYC car accident attorney.

Downplaying Injuries or Saying “I’m Fine”

One of the most damaging mistakes drivers make is minimizing their injuries at the scene or shortly afterward. Statements such as “I’m okay,” “It’s not that bad,” or “I don’t need a doctor” are often repeated in police reports, medical records, or insurance notes. Insurers later rely on these statements to argue that injuries were minor, exaggerated, or unrelated to the crash.

Many serious injuries, including concussions, spinal injuries, and soft tissue damage, do not fully manifest until hours or days later. Once a claimant has downplayed symptoms, it becomes easier for insurers to challenge the legitimacy or severity of the injury.

Giving a Recorded Statement Without Legal Advice

Insurance adjusters frequently request recorded statements shortly after an accident, often framing the request as routine or necessary to “move the claim along.” In reality, this practice is designed to lock claimants into a version of events before all facts are known.

Adjusters may ask leading questions, seek speculative answers, or encourage drivers to estimate speeds, distances, or reaction times. Innocent inconsistencies can later be characterized as credibility issues. Once a recorded statement is given, it is difficult to undo the damage. In most cases, there is no legal obligation to provide such a statement to the other driver’s insurer.

Failing to Understand New York’s No-Fault Rules

New York’s no-fault insurance system leads many drivers to assume that fault does not matter at all. While no-fault coverage pays certain medical expenses and lost wages regardless of fault, it does not cover pain and suffering unless the injured person meets the state’s serious injury threshold and can prove the other driver’s negligence.

Drivers who fail to document injuries properly or delay treatment may later find that they cannot pursue a liability claim, even if the other driver was clearly at fault. Insurers often argue that gaps in treatment or minimal medical documentation show that injuries do not meet the legal threshold.

Posting About the Accident or Recovery on Social Media

Social media has become a powerful tool for insurance investigations. Photos, comments, or casual updates about daily activities are often taken out of context and used to dispute injury claims. A single post showing a claimant smiling at a family event or running errands may be used to suggest that injuries are exaggerated or nonexistent.

Even posts that do not mention the accident directly can be problematic. Insurance companies routinely monitor public profiles for content that contradicts medical complaints or restrictions.

Delaying Medical Treatment or Ignoring Follow-Up Care

Delays in seeking medical care create opportunities for insurers to argue that injuries were caused by something other than the accident. Similarly, gaps in treatment or failure to follow medical recommendations are often portrayed as evidence that injuries are minor or resolved.

In New York car accident claims, consistent medical documentation is critical. Treatment records help establish both the seriousness of the injury and its connection to the crash. When treatment is sporadic, insurers may claim that pain complaints are subjective or unsupported.

Accepting an Early Settlement Without Full Information

Insurance companies often make early settlement offers before the full extent of injuries is known. These offers may seem appealing, especially when medical bills or lost income are mounting. However, once a settlement is accepted, the claim is typically closed permanently, even if new or worsening symptoms develop.

Early settlements rarely account for future medical needs, long-term limitations, or non-economic damages such as pain and suffering. Accepting a quick payout can leave injured drivers without recourse later.

Failing to Preserve Evidence

Many drivers assume that the police report alone will be sufficient to support a claim. In reality, physical evidence can disappear quickly. Vehicle damage is repaired, surveillance footage is overwritten, and witnesses become difficult to locate.

Failing to photograph the scene, document vehicle damage, or identify witnesses can weaken a claim, particularly in cases where liability is disputed. Evidence preservation is especially important in multi-vehicle collisions or crashes involving commercial vehicles.

Misunderstanding Comparative Fault

New York follows a comparative negligence system, meaning compensation can be reduced if a claimant is found partially at fault. Insurers often attempt to shift blame by pointing to minor driving errors, delayed reactions, or post-accident statements.

Drivers who speculate about fault or apologize at the scene may unintentionally give insurers ammunition to argue comparative negligence. Even a small percentage of fault can significantly and unfairly reduce recovery.

How Leandros A. Vrionedes, P.C. Protects Accident Victims

Avoiding these mistakes requires more than common sense. It requires an understanding of how insurance companies evaluate claims and how New York law applies to real-world accidents. At Leandros A. Vrionedes, P.C., we help injured drivers navigate the post-accident process strategically, protecting their rights from the outset.

If you were injured in a New York car accident, taking the wrong step early on can have lasting consequences. Contact Leandros A. Vrionedes, P.C., to discuss your situation and learn how experienced legal guidance can help you pursue the compensation you deserve.