Common Mistakes to Avoid When Filing a Car Accident Claim in NY

If you’ve been in a car accident in New York and have suffered injuries, you have the chance to recover your losses by filing a claim against your own personal injury protection (PIP) insurance or, if your injuries are serious, to pursue compensation by filing against the other party. In either case, it’s essential to begin the claim correctly.  

There are numerous mistakes that people make when filing car accident claims that could cost them the financial assistance they need. Learn all about these common errors and what you should do to avoid them. 

Not Getting Immediate Medical Care

You must be able to demonstrate that you suffered losses in the accident. If you don’t receive medical care as soon as the accident occurs, you will be missing out on crucial medical records that can prove the severity of your injuries.  

To avoid this problem, call emergency services to the scene as soon as possible after the crash. Do this even if you’re not sure whether you’re hurt. Often, adrenaline can dull pain, and you may not realize you’re injured until hours later. By getting paramedics to the scene, you can get immediate care and begin a record.  

Admitting Fault

You should never mention fault after an accident. This is an issue that can occur when exchanging information with the other party, and you may not even realize that you have made this error. Even just apologizing for the situation can be seen as an admission of fault.  

When you speak with the other parties involved, the police, or your insurer, stick to the facts and avoid any talk of blame. This can help protect your claim.  

Speaking to Insurers Without Legal Counsel

Aside from letting your insurance know that you were in an accident, you should not speak directly with them. It’s always better to let your lawyer handle these conversations, since they will know how to avoid admitting to fault and other similar pitfalls.  

Insurance companies will often try to pressure you into speaking with them and letting them know how the accident occurred. These are all tactics to get you on the record so that they can use the information to minimize your claim later on. It’s essential that you have lawyers do all of this for you.  

Delays in Filing the Claim

You don’t have an unlimited amount of time to file the car accident claim. You typically have three years from the date of the accident, but there are situations when the timeline could be shorter. If you miss the filing date, you will not be able to recover any losses, so acting fast makes a difference.  

Three years may seem like a long time, but if you’re battling serious injuries, the time can pass more quickly than you realize. Additionally, waiting too long could mean no longer having access to the evidence you need.  

Not Reporting the Accident to the Police

To file a claim, you will need a police report of the accident. As soon as the crash occurs, call law enforcement to the scene so that they can write the report with all of the pertinent information. This is a crucial document, since it offers insight into what the officer thinks occurred while also providing contact information for the witnesses.  

Your attorney and insurance company will need the police report, so make sure that you know how to get a copy of it.  

Settling Too Quickly

It’s normal to wish the entire claim were resolved so that you can go on with your life. Insurance companies will know this and try to get you to accept a low settlement offer. It’s never a good idea to accept the initial offer that they make, especially if you don’t have an attorney helping you.  

With a lawyer by your side, you will have a better idea of the damages you can claim and what the entire case is worth. You’ll also have the leverage of being able to take the case to court, if necessary.  

Rely on Dependable Car Accident Attorneys by Calling Silberstein and Miklos

After suffering losses in a car accident, filing a claim gives you the chance to fight for compensation. At Silberstein and Miklos, our team of personal injury lawyers has decades of experience helping people throughout New York, and we can assist you, too.  

If you’ve been injured, all you have to do is Ask4Sam. Contact our firm to schedule a free consultation with one of our attorneys.