Being involved in a car accident can leave you feeling overwhelmed and unsure about your next steps. Unfortunately, many accident victims make critical errors that can severely damage their potential claims.
Consulting with a car accident lawyer in New York can be essential in protecting your rights and avoiding these potential missteps. In this guide, our New York car accident lawyers at the Wohlgemuth Law Firm PLLC will explain the common mistakes that can affect your claim and how to avoid them.
Mistakes in Car Accident Claims
According to the World Health Organization,
- Each year, over one million people worldwide lose their lives in road traffic crashes.
- Road traffic injuries are the leading cause of death among children and young adults aged 5 to 29 years.
- Each year, 20 to 50 million people suffer non-fatal injuries from traffic accidents.
These alarming statistics display how common car accidents are. If you are a victim of a collision, understanding what mistakes to avoid in your claim helps you build a strong case:
Failing To Seek Immediate Medical Attention
One of the damaging New York car accident claim errors involves delaying or skipping medical treatment after an accident. Insurance companies scrutinize medical records closely and often argue that delayed treatment means your injuries were not caused by the accident. A qualified New York car accident lawyer can assist you in gathering proper medical documentation to support your claim.
Not Documenting the Accident Scene Properly
Failing to gather sufficient evidence at the accident scene represents another critical mistake that can weaken your claim. Many people feel shaken after an accident and forget to collect important information that could prove vital later.
Capture multiple angles of the accident scene in your photographs if possible. Take photos of skid marks, debris patterns, and street signs that might indicate right-of-way or speed limits. Collect contact information from all drivers, passengers, and witnesses present at the scene.
Providing Recorded Statements Without Legal Guidance
Insurance adjusters often contact accident victims within days of a crash, requesting recorded statements about the incident. While this may seem like a routine part of the claims process, providing detailed statements without legal representation can harm your case. An experienced New York car accident lawyer can protect you from making statements that could be used against you later.
Accepting Quick Settlement Offers
Common auto injury claim mistakes include accepting the first settlement offer from an insurance company. Initial offers typically represent a fraction of what your claim may actually be worth, as insurers hope to resolve cases quickly and cheaply.
According to New York car accident laws, you have rights as an accident victim to evaluate your offer and negotiate. Taking time to evaluate your claim’s full value adequately protects you from accepting inadequate compensation that does not cover all of your losses.
Misunderstanding New York’s No-Fault Insurance System
New York operates under a no-fault insurance system that can confuse accident victims unfamiliar with its requirements. This system requires the insurance company of the car in which the injured person was in at the time of the accident to pay for medical expenses and lost wages, regardless of who caused the accident, up to your policy limits.
One of the common car accident lawsuit pitfalls in NY arises when victims do not realize when they can or cannot step outside the no-fault system to pursue additional damages.
Delaying Legal Consultation
Many people assume they can handle insurance claims themselves or believe they cannot afford legal representation. Seeking legal guidance early in the process when evidence is fresh and witnesses are available is usually beneficial. Brooklyn car accident lawyers often work on a contingency fee basis, meaning you only pay if the case settles.
Early legal intervention helps ensure you meet all legal deadlines, properly document your claim, and avoid saying or doing anything that could harm your case. A skilled car accident lawyer in New York understands insurance company tactics and can protect you from the common mistakes that could potentially damage your claim.
Missing Critical Deadlines
New York insurance policies and state regulations establish strict deadlines for filing and pursuing insurance claims that accident victims must follow to avoid a claim rejection. Missing these deadlines can lead to a claim denial or reduced compensation.
Typically, you must notify your insurance company about an accident pursuant to your policy terms. For no-fault benefits like medical expenses and lost wages, you generally have 30 days from the accident date to submit your application, though some insurers may accept late filings with reasonable explanations.
Making Social Media Mistakes
Insurance companies often monitor social media accounts for evidence to challenge injuries, so photos of physical activity, travel, or appearing healthy can contradict your case. To avoid problems, do not post about your accident, injuries, or activities until your case is resolved. A knowledgeable New York car accident lawyer can advise you on how to protect your claim from social media pitfalls.
Protecting Your Rights With a Skilled Car Accident Lawyer in New York
Understanding these common mistakes can help you protect your right to compensation after a car accident. An experienced New York car accident lawyer can guide you through the complex claims process. Next, learn more about the process of making a car accident claim.
Contact the Wohlgemuth Law Firm PLLC today at (718) 474-9100 to speak with an experienced New York car accident lawyer.
FAQs Answered by a Brooklyn Car Accident Lawyer
Find more answers below:
How Long Do I Have To Make a Car Accident Claim in New York?
For no-fault benefits, you generally have to file an application for benefits within 30 days of the date of accident. Regarding claims for pain and suffering, you generally have three years to file a lawsuit. Various exceptions do apply. Notably, claims against the city and/or municipal agencies, require a notice of claim to be filed within 90 days of the date of the accident and a lawsuit to be filed within one year and 90 days from the date of the accident.
Can I Handle My Car Accident Claim Without a Lawyer?
Yes, you can handle your car accident claim without a lawyer, but insurers often take advantage of unrepresented victims. A lawyer will assist you in seeking compensation and avoiding mistakes.
What Should I Do Immediately After a Car Accident?
After a crash, seek medical help, call the police, gather evidence, and avoid admitting fault. Consult a New York car accident lawyer at the Wohlgemuth Law Firm PLLC at (718) 474-9100, as soon as possible to discuss your options.
