Being involved in a car accident can be an overwhelming and stressful experience. When you have to deal with insurance adjusters and paperwork, people have little time to focus on recovery. As such, many people try to get everything done as soon as possible, paying little to no attention to the mistakes they make along the way. However, sometimes seemingly small mistakes can have significant consequences on your ability to claim compensation. In fact, sometimes, your claim can even be denied.
In this post, the team at Alex Yadgarov & Associates will step into the shoes of an accident lawyer in New York and talk about the mistakes that can hurt your insurance claim and what you need to do to avoid them and secure fair compensation after an accident.
New York’s No-Fault Insurance System
In New York, the no-fault insurance system is designed to provide immediate financial relief to anyone involved in a car accident. Under the no-fault system, all vehicles must carry minimum insurance coverage, which includes Personal Injury Protection (PIP) coverage.
When a person is injured in a car accident, the victim can call on their PIP coverage and claim compensation for medical expenses, lost income, and other related expenses. Since New York is a no-fault state, the insurer must provide compensation, regardless of the person’s fault in the accident.
The standard PIP coverage has a limit of $50,000 per person, but the limit can be increased by purchasing supplemental coverages. Furthermore, it does not provide compensation for non-economic damages. If you’re looking to claim compensation for non-economic damages, you need to step outside the no-fault system and file a lawsuit.
What Common Mistakes Can Hurt Your Insurance Claim
One of the main tasks of insurance adjusters is to look for ways to reduce your insurance payout. As such, they will actively scrutinize your claim to find potential mistakes. If a mistake is found, it can be grounds to delay, reduce, or even deny your insurance claim. Let’s take a look at some of the most common mistakes that hurt your car accident insurance claims.
Delaying Medical Care or Ignoring Follow-Ups
No matter how big or small your injuries might be, go see a doctor. The medical records generated will make it easy to justify your compensation claim. When there are gaps in your treatment, insurance adjusters can argue that your injuries are not as serious as you claim them to be.
Admitting Fault or Apologizing
When it comes to insurance claims, a simple statement such as “I’m sorry” or “It’s my fault” or any action that indicates fault can be used against you. Adjusters will consider it an admission of guilt and can use it to argue for a lower payout. As such, the best course of action is to remain quiet and consult with your car accident lawyer in NYC to know what to say and what not to say.
Not Gathering Evidence at the Scene
Evidence is the foundation of a strong and compelling insurance claim. As such, you need to gather as much evidence as you can while at the scene of the accident. If you are able, make sure to take photographs of the vehicle damage and the surrounding environment. Make sure to gather witness statements, as well as the contact and insurance information of the other driver involved in the accident.
Giving Recorded Statements to Adjusters
Soon after the accident, insurance adjusters will request you to make a recorded statement about the accident. They make such a request to restrict you to a specific point of time from which you cannot move forward. This would mean that even if your condition worsened, you would not be able to claim additional compensation. So make sure to contact your attorney before saying anything.
Missing Filing Deadlines
In New York, you must file your no-fault application (NF-2 form) with your insurance company within 30 days of the accident. If you fail to file the form, the insurance company may refuse to consider your claim.
Posting on Social Media
Discussing the accident on social media or posting about your activities after an accident can have significant consequences. For example, if you post about you taking a hiking trip after an accident, the insurance adjuster can use the image to claim that your injuries are not as severe as you claim them to be.
Not Contacting an Attorney
If you’re looking to secure full and fair compensation for your injuries, you will need a car accident lawyer in Queens, NY, to help you. A lawyer with extensive experience with car accident claims will know the insurance playbook like the back of their hand. Which means that they know which evidence can help you build a compelling case, what needs to be said, and what you shouldn’t say.
Conclusion
The actions you take after a car accident can have a significant impact on your compensation. That is because insurance adjusters will actively look for mistakes to reduce your payout. If you’re looking to avoid these mistakes and secure a fair settlement, Alex Yadgarov & Associates can help. Contact us today and schedule a free and confidential consultation.
