Most people assume that cooperating with an insurance company after a car accident is the right thing to do. In reality, insurance adjusters have a very specific objective: close the claim for the least amount of money possible. What you say during those early conversations can significantly affect the outcome of your claim.
Why insurers call immediately
After a car accident, an insurance adjuster may call within hours or even the same day. Insurance companies contact accident victims early because early settlement costs the company less. The sooner an adjuster reaches you, the less opportunity you have to evaluate the complete value of your claim.
What to expect during the call
The adjuster on the other end of the line works for the insurance company, not for you. Their job is to assess your claim and close it for as little money as possible. The adjuster will ask detailed questions about the accident. In some cases, they may ask about pre-existing medical conditions to argue that your injuries existed before the crash. The adjuster may also press for a quick decision on a settlement offer.
Your rights after an accident
Before speaking with an adjuster, it helps to understand your rights. New York’s no-fault law requires personal injury protection (PIP) coverage of up to $50,000 in basic economic loss. This includes medical expenses and lost wages for drivers, passengers and pedestrians regardless of fault.
Serious injuries may qualify you to pursue a personal injury claim outside the no-fault system. New York also follows a comparative negligence rule, which means that any degree of shared fault can reduce the total compensation available to you.
What to avoid saying or doing
Giving a recorded statement before consulting legal counsel is a common and costly mistake. Seemingly harmless comments such as “I feel fine” or “I may have been partly at fault” can significantly undermine the value of your claim. Adjuster questions deliberately target responses that support a lower settlement. Even a well-intentioned comment can become evidence against your claim.
The risk of early settlement offers
Injuries such as soft tissue damage and internal injuries take time to fully surface. Once you accept an offer and sign a release, the claim is permanently closed. New York law sets firm deadlines depending on the claim:
- Three years for claims against a private party
- 90 days for claims against a government entity
- 30 days for No-Fault PIP applications
However, a signed release surrenders that right entirely.
Protecting your claim after a car accident
An early call from an insurance company does not mean you have to resolve your claim right away. Give yourself time to assess the full impact of the accident. Avoid making rushed statements or accepting an early settlement before you know what your claim is truly worth.