Question

Should I talk to any insurance company after a crash in New York?

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Pat James Crispi - Personal Injury - General - Super Lawyers

Answered by: Pat James Crispi

Located in New York, NYKeogh Crispi, P.C.

New York, NY
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Answer

After you have been injured in a motor vehicle accident there is a high likelihood that you will be contacted by insurance companies. These insurance companies, your own included, may state that they are just calling to gather basic facts about what happened. The reality is that the insurance companies train their staff so that they can secure information that may be harmful to a person’s ability to assert a claim without people even understanding the importance of the information they are sharing. Consequently, it is always the best move to have the insurance companies talk to your attorney rather than answering questions yourself.

Who Should Talk To The Insurance Companies For Me?

Experienced attorneys understand the importance of the information the insurance companies are asking for and how it could damage a person’s claim. They can answer the questions from the insurance company without providing any information that could be used to damage your claim and your right to compensation.

Even the most seemingly innocuous conversation can have a dramatic impact on your ability to obtain compensation. Simple questions such as, “how are you feeling today?” or, “what happened?” can provide information that an insurance company can use to undermine your case depending on how it progresses. It is essential that you do everything you can to protect your right to be compensated.

What About My Own Insurance Company? Can I Talk To Them?

Given that New York is one of the states that has no-fault insurance, it is possible that you may be seeking compensation from your own insurer. It is important to remember that all insurance companies are for-profit institutions that are concerned with protecting against paying out compensation. Just because it is your insurance company does not change that fact. The smartest choice is still to have an attorney handle those communications on your behalf.

Important Things To Remember

In the event you do end up in a conversation with an insurance company, here are some of the most important things to remember:

  • The insurance companies are primarily interested in finding out information that will allow them to avoid paying out any compensation to you. So, the less you share the better off you are.
  • Only provide the most basic information such as the date, time and location of the accident.
  • Do not speculate about what happened. You were in an accident, apart from injuries you may have suffered, the shock of the accident alone is often enough to cause people to not remember details properly.
  • Do not provide details beyond the answers to exactly what you were asked. It is all too easy for people to wander into speculation and unnecessary details that could be damaging when they are not succinct with their answers.
  • Remember that even if you feel fine after the accident, you may not in time. Often, the injuries caused by motor vehicle accidents can appear over weeks or months. Telling the insurance company that you are fine may be used to disprove that the accident caused your injuries.

It is extremely important that you are very careful with any communication with insurance companies. That is why we highly recommend that all communications are made through an experienced attorney who understands how to protect your claim.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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