If you’re considering filing a claim for car accident damages in New York, knowing what mistakes to avoid can make all the difference.
Missteps during the process can lead to reduced or denied compensation, potentially costing you significant financial relief. Below are some of the most critical mistakes to avoid in pursuing a successful car accident claim.
Missing Deadlines For Filing a Car Accident Claim
In New York, a strict filing deadline, known as the statute of limitations, applies to car accident claims. Missing this deadline can automatically disqualify you from receiving any compensation. Keeping track of deadlines is essential; missing one could mean losing your legal right to compensation. Ensuring you file promptly protects your claim and avoids the costly mistake of allowing your case to be dismissed due to timing.
Failing to Report the Accident to Your Insurer and the Police
New York law requires you to report car accidents to the police if the collision results in injury, death, or significant property damages. Failing to report can impact your eligibility for compensation. Additionally, it’s crucial to notify your insurer promptly, even if you’re unsure about proceeding with a formal claim. Many policies require immediate reporting to retain coverage. Delayed or skipped reporting can lead to delayed or denied benefits.
Not Seeking Immediate Medical Attention
Another common error is delaying medical treatment. Even if injuries initially seem minor, seeking prompt medical evaluation is crucial for your health and filing a car accident claim. In New York, documentation of injury is critical for demonstrating the extent of damages and proving the accident’s impact on your health. When you wait too long for treatment, insurers may argue that your injuries are not accident-related, potentially reducing your compensation.
Speaking with Insurers Without Legal Representation
When an insurer contacts you, be cautious about providing recorded statements or discussing details about the accident. New York insurers may use your words against you to reduce their payout or shift fault. Consulting an attorney before talking with insurance adjusters can protect your interests, as your attorney can guide you on what is safe to disclose.
Underestimating the No-Fault Insurance Requirement in NY
New York is a “no-fault” insurance state, meaning your initial claim must go through your own insurance’s Personal Injury Protection (PIP) coverage, regardless of who was at fault. However, if you meet the “serious injury” threshold, you can pursue a claim directly against the at-fault party.
Failing to understand or follow this rule could delay or jeopardize your compensation. When in doubt, consulting with an attorney familiar with New York’s no-fault insurance structure can clarify if and when you should pursue claims outside your PIP coverage.
Not Preserving Evidence at the Scene
Photos, witness statements, and any documentation from the accident scene can be critical to proving your case. Many individuals overlook gathering evidence at the scene, which can weaken their claims later. Preserving evidence ensures you have accurate information to support your injuries, damages, and fault claims, all essential elements in securing full compensation under New York law.
Misjudging When Not to File a Car Insurance Claim
Knowing when not to file a car insurance claim is just as important as knowing when to file. In minor accidents where damages fall below your deductible, filing a claim may not be beneficial, as it could increase your premiums without providing any real benefit. Consulting with your attorney can help you determine when to file a claim is advantageous.
Discuss Your Accident Claim with an Experienced NY Personal Injury Attorney
If you were recently involved in a car accident, it’s important to understand all of your options. At the Law Offices of Theodore A. Naima, our New York car accident lawyer has extensive experience successfully bringing claims on behalf of our clients over the past 25 years.
We know what it takes to connect you with the compensation you deserve and will aggressively advocate on your behalf at every step of the process. To learn more and schedule a free consultation, contact the Law Offices of Theodore A. Naima by giving us a call or connecting with us through our secure online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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