New York Car Accident? Avoid These 5 CRITICAL Mistakes to WIN Your Claim!

Summary

In this instructional guide, personal injury attorney Brett Harrison outlines critical procedural errors that New York car accident victims must avoid to preserve their legal and financial rights. The presentation centers on the theme of proactive documentation, urging individuals to contact the police immediately and seek medical attention within seventy-two hours to establish a definitive causal link between the crash and their injuries. Harrison emphasizes that victims should limit their statements to both law enforcement and insurance adjusters, as inadvertent admissions of fault or premature claims of physical wellness can significantly reduce a final settlement. Finally, the source highlights the urgency of filing no-fault insurance paperwork within a strict thirty-day window to ensure medical bills and lost wages are covered without depleting the victim’s personal resources.

FAQs:

What are the legal requirements for reporting a car accident in New York?

New York State law requires drivers to report any motor vehicle accident that results in a physical injury, death, or property damage totaling $1,000 or more. According to Vehicle and Traffic Law section 605, if any of these three conditions are met, filing a report is mandatory. Failing to involve the police can make it significantly more difficult to prove a claim, as the police report serves as central documented evidence for both injury and property damage claims.

How does “comparative fault” affect my car accident claim in New York?

Comparative fault is a legal principle where your total compensation is reduced by the percentage of responsibility you are found to have for the accident. If a police officer or insurance adjuster determines you are partially liable for example, 30% the offer for your injuries or vehicle repairs may be reduced by that same 30%. This is why it is important to remain calm and avoid volunteering statements at the scene that could be misconstrued as an admission of fault.

Why should I seek medical attention if I do not feel injured immediately after a crash?

You should seek medical attention promptly because adrenaline often masks pain, and injuries may not become fully apparent for 24 to 72 hours. Establishing a medical record immediately after the event creates a “causal link” that proves your injuries were directly caused by the accident. Delaying treatment allows insurance companies to argue that your injuries were pre-existing or unrelated to the collision, which they use to justify lower settlement offers.

Am I required to give a recorded statement to the other driver’s insurance company?

No, you are not legally required to provide a recorded statement to the insurance company representing the other driver. Insurance adjusters are trained to secure information that limits their company’s liability and exposure. Speaking with them without an experienced attorney can lead to inadvertent slips that may be used to downplay your injuries or assign you fault.

What is the deadline for filing a no-fault insurance claim in New York?

The deadline for filing a no-fault application in New York is generally 30 days from the date of the accident. This paperwork is essential for ensuring that the “host vehicle’s” insurance covers your medical bills, hospital stays, and lost wages regardless of who caused the crash. If this form is not submitted timely, the insurance carrier may deny coverage, which can cause significant financial stress and potentially lead to liens against your final settlement.

Transcription of the Video

If you’ve been in a car accident what you do next can make all the difference. I found that many people make one of five costly mistakes. Those mistakes are very detrimental to how much money you receive in your pocket; it could cost you thousands to hundreds of thousands of dollars. I’m Brett Harrison; I’m a New York personal injury attorney and I’ve represented thousands of people and collected millions of dollars for thousands of injured victims. In this video, I’m going to break down the five major mistakes people make after an accident and I’m going to show you how you can avoid them so it won’t affect your settlement.

Mistake number one: Not calling the police. The police make a report which serves as documented evidence central to the start of your claim for your injuries and to have your car fixed. Many people say they don’t want to wait for the officer or they feel fine, or the other driver suggests dealing with it later. However, the other person’s story often changes when they talk to their insurance company, or they may even deny the accident occurred. When in doubt, just call the police and secure a report. Without a police report, insurance companies know it’s going to be harder to prove your case and they take advantage of that. Under New York State Vehicle and Traffic Law section 605, you must report an accident if someone was injured, killed, or if there is property damage of $1,000 or more.

Mistake number two: Saying too much to a police officer at the scene. After an accident, you may be discombobulated and volunteer information that is not requested, such as saying you were going too fast or didn’t see the other car. The officer writes these statements in the report, and the other driver’s insurance company will use your words against you. This can affect what is called comparative fault in New York State. If they determine you are 30% liable based on your statements, your recovery for vehicle repairs or injuries could be reduced by 30%. Try to be calm and let the investigation reveal the facts.

Mistake number three: Refusing or delaying medical treatment. Adrenaline often prevents you from feeling the full extent of your injuries immediately. You need to document the pain as soon as possible, whether at the emergency room or a doctor’s office. If you delay treatment for weeks or a month, insurance companies will claim your injuries were not that significant. Seeking treatment creates a clear link between the accident and your injuries. In New York, no-fault PIP insurance covers your medical treatment and some lost wages regardless of who was at fault.

Mistake number four: Talking to the insurance company on your own without an attorney. The defendant’s insurance company is not your friend; they want to find reasons to deny or limit your claim to save money. You are not required to give the other side a recorded statement. Even talking to your own insurance company can be risky, as inadvertent slips can affect your rights to have specific medical bills paid. It is recommended that you let an experienced lawyer speak on your behalf to avoid impacting the value of your case.

Mistake number five: Not filing your no-fault paperwork on time. In New York, you typically have 30 days from the date of the accident to file no-fault paperwork to cover medical benefits and lost wages. If you miss this deadline, your insurance company can deny these benefits, potentially forcing you to use personal health insurance which may create liens against your eventual settlement. An attorney can help ensure these forms are filled out correctly to avoid significant negative effects on your ability to recover lost wages and medical expenses.