Filing a car accident claim in New York can be a complex process, and making mistakes can significantly impact your ability to receive fair compensation.

Many accident victims unknowingly weaken their claims by making avoidable errors. To help you navigate the process successfully, here are five key mistakes to avoid when filing a car accident claim in New York.

Delaying Medical Attention

Even if you feel fine after an accident, you should seek medical attention immediately. Some injuries, such as whiplash, internal bleeding, or concussions, may not show symptoms right away but can worsen over time. Additionally, insurance companies may use delays in medical treatment to argue that your injuries were not serious or were unrelated to the accident. Having proper medical documentation strengthens your claim and ensures that you receive appropriate treatment for your injuries.

Failing to Report the Accident

New York law requires that you report any accident involving injury, death, or significant property damage to the police. Failing to report the accident can impact your ability to claim compensation and may also be a legal violation. A police report provides an official record of the accident, which is a crucial piece of evidence in your case. In addition to notifying law enforcement, inform your insurance provider as soon as possible to comply with policy requirements and avoid claim denials.

Admitting Fault at the Scene

It is natural to feel shaken after an accident, but be careful about what you say at the scene. Avoid apologizing or making statements that could be interpreted as admitting fault. Even saying “I’m sorry” can be used against you by insurance adjusters or in legal proceedings. Determining fault in an accident requires an investigation, and multiple factors are often involved. It’s best to provide only the necessary details to the police and insurance companies and allow the evidence to establish liability.

Not Gathering Sufficient Evidence

Strong evidence is essential to building a solid car accident claim. At the accident scene, take clear photos of vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries. If possible, gather contact information from witnesses and obtain a copy of the police report. The more evidence you collect, the easier it will be to prove your case and counter any disputes from the insurance company.

Additionally, keep records of all medical treatments, repair estimates, and any correspondence with insurance adjusters. These documents serve as crucial evidence to support your claim.

Accepting a Quick Settlement Offer

Insurance companies often offer quick settlements to close cases as soon as possible. While it may be tempting to accept an initial offer, these settlements are usually much lower than what you are entitled to. Many accident victims underestimate future medical costs, lost wages, and long-term expenses related to their injuries. Accepting an early settlement without consulting a lawyer can leave you financially vulnerable if additional costs arise later. It is always advisable to speak with a personal injury attorney before agreeing to any settlement to ensure that it adequately covers all your damages.

Additional Tips for a Strong Car Accident Claim

Follow up on medical treatment: Consistently attending doctor’s appointments and following prescribed treatments demonstrate the severity of your injuries.

Limit social media activity: Avoid discussing your accident or injuries online, as insurance companies may use social media posts against you.

Understand New York’s no-fault insurance rules: New York is a no-fault state, meaning your insurance covers medical expenses regardless of fault. However, serious injury claims may allow you to seek compensation beyond no-fault benefits.

Consult an experienced attorney: A personal injury lawyer can guide you through the legal process, negotiate with insurance companies, and help you maximize your compensation.

Avoiding these common mistakes can significantly improve your chances of receiving fair compensation for your car accident claim in New York. Seeking immediate medical care, reporting the accident, being cautious with your statements, gathering strong evidence, and consulting a legal professional before accepting a settlement are all critical steps in securing a successful claim. If you are unsure about the claims process, working with an experienced attorney can help you navigate the complexities and protect your rights.