How to Handle Car Accident Injuries and Insurance Claim Disputes

At Apicella & Schlesinger, our experienced legal team is here to help you secure the compensation you need and deserve. Here’s a step-by-step guide on handling car accident injuries and insurance claim disputes in New York.

Step 1: Prioritize Your Health and Safety

Immediately after a car accident, your health and safety should be your top priority. Follow these steps to ensure you get the medical attention you need:

• Seek medical attention immediately: Even if you don’t feel severely injured, some symptoms may take hours or days to appear. Visit a doctor for a thorough evaluation, as medical records will also play a crucial role in your injury claim.
• Document your injuries: Keep track of all medical treatments, including emergency care, follow-up visits, and physical therapy. This documentation will be vital for proving the extent of your injuries when negotiating with insurance companies.

Step 2: Gather Evidence from the Scene

Collecting evidence at the scene of the accident will strengthen your case when dealing with insurance companies or filing a personal injury lawsuit. Here’s what you should do:

• Take photos or videos of the accident scene, vehicle damage, and any visible injuries.
• Get witness information. If possible, collect contact details from witnesses who saw the accident. Their statements may support your claim.
• Exchange your information. Obtain the other driver’s insurance details and personal contact information.

Step 3: Notify Your Insurance Company

New York follows a “no-fault” insurance system, meaning you must first file a claim with your own insurance company under your Personal Injury Protection (PIP) coverage, regardless of who caused the accident. However, insurance companies often try to minimize payouts, so it’s essential to:

• Report the accident to your insurance company as soon as possible, but be cautious with the information you provide. Stick to the facts and avoid admitting fault.
• Keep records of all communication. Save all correspondence with the insurance company, including emails, letters, and phone call notes.

Step 4: Understand New York’s No-Fault Law and Serious Injury Threshold

New York’s no-fault law allows injured parties to recover certain economic losses (medical expenses and lost wages) through their own insurance policy, regardless of fault. However, if you’ve suffered a “serious injury,” you may be eligible to file a lawsuit against the at-fault driver for additional damages.

Severe injuries in New York include:

• Bone fractures
• Permanent disfigurement
• Significant limitation of a body function or system
• Full disability for 90 days or more

If your injury meets the serious injury threshold, you can pursue compensation for pain and suffering, as well as additional economic losses not covered by PIP.

Step 5: Handle Insurance Claim Disputes with Caution

Insurance companies often dispute claims, particularly when injuries are severe or treatment costs are high. If your claim is denied or you believe you’re being offered an unfair settlement, you have options:

• Review the denial or settlement offer carefully. Insurance companies must provide reasons for their decisions. Look for errors or discrepancies that may weaken their case.
• Do not sign any settlement agreements without consulting a lawyer. Accepting a lowball offer may prevent you from seeking further compensation for your injuries.
• Contact an experienced personal injury attorney. Legal representation can level the playing field when dealing with insurance adjusters. An attorney can negotiate on your behalf, gather additional evidence, and, if necessary, file a lawsuit to ensure you are fully compensated for your injuries.

Step 6: Work with an Experienced Personal Injury Attorney

Navigating the complexities of insurance claims and personal injury law in New York can be overwhelming, especially when dealing with severe injuries. At Apicella & Schlesinger Attorneys at Law, we understand the challenges you’re facing, and we are dedicated to fighting for the maximum compensation you deserve.

Our legal team can help with:

• Filing your insurance claims
• Communicating with insurance companies on your behalf
• Gathering and presenting evidence to strengthen your case
• Representing you in settlement negotiations or court if needed

Step 7: Know Your Deadlines

In New York, there are strict deadlines for filing personal injury claims:

• Personal injury lawsuits: The statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident.
• No-fault insurance claims: You must file your no-fault insurance claim within 30 days of the accident.
• Missing these deadlines could jeopardize your right to recover compensation, so acting promptly is crucial.