Dealing With Insurance Companies After a Car Accident in New York
If you’ve been in a car accident in New York, dealing with insurance companies can quickly become one of the most stressful parts of your recovery. New York’s no-fault insurance laws are meant to simplify the process, but that doesn’t always mean getting fair compensation is easy. Insurance companies are for-profit businesses, and their interests often do not align with yours. If you suffered a serious injury and need to pursue a fault-based liability claim, dealing with the insurer can go from a headache to a nightmare starting with your very first encounter.
At Leandros A. Vrionedes, P.C., we help car accident victims throughout New York City navigate their claims and stand up to the insurance companies that try to minimize payouts. Here’s what you should know when handling insurance matters after a crash. For personalized legal assistance tailored to your specific situation, call our office to speak with a skilled and experienced NYC car accident lawyer.
New York’s No-Fault Insurance System
New York is one of a handful of states that follows a no-fault insurance system. This means that after most car accidents, your own insurance company is responsible for paying your medical expenses, lost earnings, and certain other reasonable and necessary expenses—regardless of who was at fault.
To get benefits, you must file a no-fault claim (also called a Personal Injury Protection or PIP claim) with your insurer within 30 days of the accident. No-fault benefits typically cover:
- Medical bills and rehabilitation costs
- 80% of lost wages (up to a monthly cap)
- Transportation to medical appointments
- Reasonable household help during recovery
However, no-fault coverage does not compensate you for pain and suffering or other non-economic losses. To pursue these damages, you must meet New York’s “serious injury” threshold and file a claim against the at-fault driver. At this point, the burden falls on you to prove the other driver’s negligence and liability to you, while also proving you were not at fault (you can still recover if partially at fault, but your compensation will be proportionately reduced). You will additionally need to demonstrate your injuries qualify as a “serious injury” as defined in New York law while proving the full extent of the harm you have suffered to recover an appropriate amount of compensation.
Dealing With Insurance Adjusters
Once you report the crash to your insurance company—or the at-fault driver’s insurer if you’re pursuing a liability claim—you’ll begin hearing from insurance adjusters. These representatives are trained to resolve claims quickly and for as little money as possible.
It’s important to remember:
- Insurance companies are not on your side. Even your own insurer has an interest in paying out as little as possible.
- Be careful what you say. Your statements can be used to downplay your injuries or shift blame onto you.
- Don’t give a recorded statement without legal advice. These recordings can be taken out of context or used to justify a denial or reduction of your claim.
- Avoid signing anything without review. You may be asked to sign medical releases or settlement documents early on. Doing so can limit your ability to seek full compensation later.
Should You Accept a Settlement Offer?
Insurers may offer a quick settlement in the hope that you’ll take it before fully understanding the extent of your injuries and financial losses. This is especially common when you pursue a claim against an at-fault driver outside of the no-fault system.
Before accepting any settlement offer:
- Assess all of your damages. This includes medical expenses, lost income, future treatment needs, and pain and suffering.
- Consider the long-term impact of your injuries. Some injuries take weeks or months to fully develop, and early offers may not reflect all costs.
- Talk to an experienced attorney. A lawyer can evaluate the offer and negotiate with the insurance company to seek fair compensation.
Once you accept a settlement and sign a release, you give up your right to pursue additional compensation—even if new injuries or expenses arise.
What If the Other Driver Is Uninsured?
If the at-fault driver has no insurance or not enough coverage to pay for your injuries, you may still have options. New York drivers are required to carry uninsured/underinsured motorist (UM/UIM) coverage as part of their auto insurance policies. This coverage can help fill the gap when the other driver lacks sufficient insurance. Many drivers carry additional supplementary UM/UIM coverage (SUM) that can prove even more valuable.
Filing a UM/UIM claim can be just as challenging as a traditional liability claim. Your insurance company may still dispute the extent of your injuries or deny coverage. Having a lawyer by your side can make a critical difference.
Why Legal Representation Matters
Insurance companies deal with accident claims every day. They know how to protect their bottom line. Without legal representation, injured individuals accept less than they deserve—or worse, have their claims denied altogether.
At Leandros A. Vrionedes, P.C., we handle all communication with the insurance companies so you can focus on your recovery. We start by investigating the accident to determine liability and prove the extent of your damages. When the time is right to settle your claim, we negotiate from a position of strength based on the evidence and New York personal injury law. You can also count on us to file a lawsuit if necessary to fight for full and fair compensation.
Protect Yourself After an Accident
Here are two key tips to protect your rights when dealing with insurance companies:
- Report the accident promptly. Notify your insurer and file a no-fault application within 30 days.
- Get medical treatment right away. Not only is this important for your health, but it also creates documentation that supports your claim.
Delays in treatment or missed deadlines can give the insurance company a reason to reduce or deny your benefits.
Talk to a New York Car Accident Lawyer Today
If you’ve been seriously injured in a car crash in New York City, don’t leave your recovery in the hands of an insurance adjuster. Contact Leandros A. Vrionedes, P.C., for a free consultation. We will deal with the insurance companies so you don’t have to—and we’ll fight to get you the compensation you deserve.
We represent motor vehicle accident victims throughout New York City, including the Bronx, Brooklyn, Queens, and Manhattan, as well as communities in Long Island and Westchester County, including Hempstead, Islip, Brookhaven, Yonkers and White Plains. Call our office to get started today.
