After an accident in New York, you are required to exchange insurance information with the other drivers involved. This does not mean that you should talk to the other insurance company about what happened, though. In many instances, insurers will contact you in the hopes of minimizing or outright denying your claim. As such, it’s rarely a good idea for you to speak to an adjuster or anyone else from the other driver’s insurance company without first consulting experienced Westchester County auto accident attorneys. The following blog explores what you should know about these matters.
Do I Have to Talk to the Other Driver’s Insurance Company?
As you are required to exchange information with the other driver at the scene of the accident, you will likely be contacted by their insurance company in the hours after the collision. When you are contacted by the insurance company for the other driver involved in an accident in Yonkers, Scarsdale, or anywhere in Westchester County, it’s important to understand you have no legal obligation to speak with them.
When You Do Not Have to Talk
- You generally do not have to:
- Provide a recorded statement
- Answer questions regarding fault
- Discuss injuries
- Sign any documentation
If you are contacted by the other party’s insurance company, you may politely decline to speak with them in the following manner:
- “I’m not comfortable discussing this. Please contact my attorney with any questions.”
- “I’ll respond in writing after reviewing the claim with my attorney.”
The Only Information You Should Confirm
- Your name and contact information
- The date, time, and location of the collision
- The claim number and your adjuster contact information
- Your attorney’s contact information
Why the Other Driver’s Insurance Adjuster Is Not On Your Side
While they may seem kind or concerned when reaching out to you, the driver’s insurance company is not your friend. They have one goal; they want to minimize how much they have to spend on this accident.
The Adjuster’s Goal
To meet their goal of reducing or eliminating their payout, the adjuster may attempt to:
- Shift fault to you
- Minimize the severity of your injuries
- Push for an early settlement
- Create “inconsistencies” in your statements
How Friendly Conversation Can Hurt a Claim
If you give them a statement, they can nitpick it and try to use something that you said against you. For example:
- “I’m fine” may be twisted to “no injury”
- “I didn’t see them” can mean “I wasn’t paying attention”
- “Maybe I was going too fast” can be used to prove partial fault
Common Insurance Adjuster Tactics After a New York Car Accident
Familiarizing yourself with the most common methods used by insurance adjusters to reduce or minimize your claim is critical to protecting yourself after a collision in the Lower Hudson Valley.
Lowball Settlement Offer
When you are first contacted by the insurance adjuster, they may make you an initial settlement offer. In fact, they may seem like they’re doing you a favor. However, it’s important to understand that this is likely substantially lower than the true value of your claim. By offering a lower settlement upfront, the insurer hopes you’ll accept it as:
- There are often immediate medical bills
- Victims often want quick closure
However, these offers generally do not take the following expenses into account:
- Future medical bills
- Pain and suffering
- Lost earning capacity
- Follow-up appointments
Delay/Ignore Strategy
It’s not uncommon for insurance companies to intentionally ignore or delay claims filed against their policyholders. They may slow the process, continually request documents, or repeatedly claim to be “in review.” However, this is dangerous as:
- It can push your claim closer to the statute of limitations
- Medical bills and other expenses still accumulate
Misleading Questions
The insurance company may ask carefully chosen questions to attempt to shift blame for the collision onto you. This includes:
- “You didn’t see the other car, right?”
- “So, you felt fine at the scene?”
- “You’ve never had any back pain before this, right?”
- “The impact was minor, correct?”
What You Should Avoid Saying to the Other Driver’s Insurance Company
If you are contacted and provide a statement to the other driver’s insurance company, you should avoid discussing any of the following matters.
Avoid Statements Regarding Fault
You should never, under any circumstances, say anything like:
- “I’m sorry”
- “I didn’t see the car”
- “I might have been distracted”
Instead, you should simply say:
- “I’m still gathering information and can provide details later”
Avoid Injury Opinions
Like admitting fault, you should avoid speculating about the injuries you sustained through statements like:
- “I feel okay now”
- “It’s just a little soreness”
- “I’m fine”
Instead, if asked, you should simply tell the adjuster:
- “I’m still being evaluated by my medical providers”
Avoid Agreeing to Recordings or Releases
You should not:
- Provide a recorded statement
- Sign any medical authorizations
- Accept a settlement to close the matter
What You Can Say if an Insurance Company Calls
In the event you are contacted by the other party’s insurance company before you’ve had the chance to retain legal counsel, knowing what to say is critical.
Simple Phone Script:
If you are contacted, you can simply respond to the adjuster with the following:
- “Thank you for calling, but I’m not prepared to discuss the accident or my injuries at this time”
- “Please send all questions in writing”
- “What is your name, phone number, email, and claim number?”
- “If I retain legal counsel, I will have them contact you”
What You Should Do After an Accident in Westchester County
In the event you are injured in a collision, whether on I-287 or downtown White Plains, knowing how to proceed is critical to protect your health and the outcome of your injury claim.
Immediate Steps
At the scene of the accident, you should:
- Call 911 to request police and medical assistance
- Allow the EMTs to examine you
- Take photos and videos of the vehicles, road conditions, and visible injuries
- Obtain contact information for witnesses
New York Statutes of Limitations
If you are injured in a car accident in New York, it’s necessary to understand that, under CPLR 214(5), you only have three years from the date of the accident to file a claim against the negligent driver. Failure to file the claim on time can result in you relinquishing your right to recover compensation, even if negligence and damages are obvious.
Should I Talk to a Lawyer?
This is why you should talk to an attorney. Someone from our firm can:
- Help you calculate a fair amount of compensation
- Talk to an insurance company on your behalf
- Field settlement offers
- Remind you of important dates and deadlines
- Prepare you for testimony or depositions
Contact Our Hudson Valley Law Firm
So if you were in a car accident and you believe that you are entitled to compensation, the team at Hausman & Pendzick is here to help. We can schedule a free case consultation and take the time to learn more about your case. Contact us today to learn more about your legal options.