If you’ve just been in a car accident in New York City, you’re probably feeling overwhelmed, and that’s completely understandable. Between medical visits, insurance calls, and trying to figure out what comes next, it’s very easy to make a few missteps that cost you time and money down the line. That’s why having the right information early on, and often the right personal injury law firm NYC on your side, can make all the difference.
Here’s how to avoid the top five mistakes people make when filing a car accident claim in NYC so that you can protect your rights and focus on healing.
Mistake #1: Waiting Too Long To Take Action
Time flies by after an accident. You’re dealing with the immediate shock one moment, and before you know it, weeks or even months have passed. The sad thing about car accident claims in New York is that if you wait too long, it can seriously hurt your case.
Here’s why: New York has strict deadlines known as statutes of limitations. Under New York Civil Practice Law and Rules (CPLR) §214, you generally have three years from the date of the accident to file a personal injury lawsuit. That might sound like plenty of time, but key evidence, such as surveillance footage or witness statements, can disappear much sooner.
If the accident involved a city vehicle, such as an MTA bus or sanitation truck, you must file a Notice of Claim within 90 days of the accident. Miss that window, and you may lose your right to sue altogether.
Therefore, the sooner you report the crash, get medical care, and talk to a qualified attorney, the better.
Mistake #2: Not Seeking Immediate Medical Attention
After an accident, it is tempting to brush off your pain and tell yourself, “I’ll be fine.” But even minor injuries can worsen over time, and failing to get checked out right away can backfire when you file your claim.
New York’s no-fault insurance laws mandate that you file a claim for medical benefits within 30 days of the accident. In this system, your own insurance pays for medical expenses and lost wages, no matter who was at fault. But if you don’t see a doctor right away, or don’t file a claim within those 30 days, your insurance company might deny it.
More importantly, medical records create a paper trail that ties your injuries directly to the accident. Without that documentation, insurers can argue that your injuries weren’t serious or weren’t caused by the crash at all.
So, even if you “feel fine,” see a doctor right away. It is not just about your health; it is about protecting your right to full compensation.
Mistake # 3: Giving Too Much Information To Insurance Companies
After the accident, you may receive a call from the other driver’s insurance company within hours. The insurance representative may sound friendly and sympathetic, but remember, they’re not your friend. Their aim is to minimize payouts, not help you recover.
Here’s where most accident victims tend to slip up: they agree to a recorded statement or casually admit to partial fault. In NYC, statements like “I didn’t see the light” or “I was going a little fast” can be twisted and used against you later.
A car accident lawyer NYC knows exactly how to handle those conversations. They can communicate with insurers on your behalf, making sure nothing you say can be misinterpreted or used to reduce your settlement.
Until you’ve had legal advice, it’s perfectly alright to tell insurance adjusters, “I’m still gathering information and will have my attorney contact you.”
Mistake #4: Underestimating The Value Of Your Claim
One mistake people make, perhaps the biggest, after a car accident, is accepting the first settlement offered. Often, insurance companies will throw out a quick check in hopes of closing a case early, but that offer almost never covers the scope of your losses.
You can recover both economic damages, such as medical bills, rehabilitation costs, and lost wages, and non-economic damages, such as pain and suffering or loss of enjoyment of life, in New York. But you’ll need solid evidence to prove your total damages, and that’s where an experienced car accident lawyer in New York can make a real difference.
For instance, if your back injury prevents you from returning to your job for six months, or if you’ll need ongoing physical therapy, those future costs must be included in your claim. A New York City auto accident attorney knows how to calculate both the short-term and long-term impact of an injury, ensuring nothing gets overlooked.
The main takeaway here is that you don’t settle until you understand your medical condition and what will happen in the future.
Mistake #5: Trying To Handle Everything Alone
New Yorkers are a tough and independent lot. But when it comes to navigating a car accident claim, doing it alone can cost you far more than hiring help.
Between no-fault insurance rules, comparative negligence laws, and multiple filing deadlines, New York’s system is uniquely complex. Even a small error in paperwork, such as missing a deadline or forgetting to attach a required form, could delay or destroy your claim.
Here’s where having an experienced attorney pays off. They know how to:
- Gather crucial evidence before it disappears.
- Handle all communication with insurance companies
- Negotiate a fair settlement and take your case to court if necessary
- Keep you updated every step of the way.
Plus, most personal injury lawyers in NYC work on a contingency fee basis. If they take your case, that means they get paid only if you win, making this a low-risk, high-reward decision.
A Few Bonus Tips From The Pros
- Keep Everything: Save copies of medical records, police reports, photos, and receipts. Even small details, like Uber receipts to doctor appointments, have the potential to strengthen your case.
- Watch What You Post Online: Insurance companies monitor social media. A simple “feeling better today!” post can be twisted into proof that you’re not seriously injured.
- Follow Doctor’s Orders: By skipping appointments or not following your doctor’s orders, you are providing the insurance company with ammunition that your injuries are not that serious.
These small steps go a long way in protecting your claim’s credibility.
Bringing It All Together
Dealing with the aftermath of a car accident in New York City isn’t easy. There’s paperwork, deadlines, and insurance hassles, all while you’re trying to recover physically and emotionally. But by avoiding these five common mistakes, you give yourself the best possible chance of a fair outcome. Remember: acting promptly, putting everything in writing, and getting proper legal guidance make all the difference.
You do not have to be a legal expert to protect your rights; you just need to know where the pitfalls lie and how to steer clear of them. After all, a car accident claim is not just about compensation; it’s about how you get your life back on track. If you stay informed and make the right moves, you’ll be in a much stronger position to take things to the next step, one decision at a time.
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Disclaimer
This article is for general informational purposes only and should not be considered legal advice. Car accident laws and procedures can vary based on individual circumstances. Readers should consult a qualified attorney for guidance specific to their situation. The author and publisher are not responsible for any decisions made based on the information provided.
