How To Handle Insurance Adjusters After An Injury In New York

If you’ve been injured in an accident in New York, the aftermath can be overwhelming. Medical bills pile up, pain limits your daily activities, and you’re likely facing significant disruption to your life and income. One of the more immediate concerns after filing a claim is dealing with insurance adjusters. These adjusters work for insurance companies, not for you, and their goal is to protect the company’s bottom line. At first, insurance adjusters seem helpful and sympathetic, but it’s important to remember that they are trained professionals who assess claims with the company’s financial interests in mind. Speaking with an insurance adjuster too early or without fully understanding your rights can complicate your claim, possibly even impacting your ability to recover fair compensation for your injuries.

In New York, insurance companies are bound by specific legal standards, but adjusters have a significant amount of control over how they evaluate and handle claims. Understanding these processes and knowing your rights under New York personal injury law can protect you from unnecessary delays, lowball settlement offers, and other tactics that may not be in your best interest. As an attorney with extensive experience in personal injury cases, I aim to help you understand the steps you can take when speaking with adjusters and how to protect yourself from common pitfalls. Below, I’ll outline the key points to consider when managing communication with insurance adjusters after an injury.\

The Role Of The Insurance Adjuster

An insurance adjuster’s role is to investigate your claim and determine the extent of the insurance company’s liability. The adjuster will assess the facts of the accident, review medical records, and evaluate the costs associated with your accident-related injury. In New York, adjusters operate within legal boundaries, but their priority is to minimize the insurer’s payout. This means they might offer a settlement quickly, aiming to resolve the claim before you have a complete picture of your recovery and financial needs.

Under New York’s personal injury laws, such as the New York Civil Practice Law and Rules (CPLR) § 214, you have a limited window to file a personal injury lawsuit, generally within three years of the accident date. While this may seem like a lot of time, insurance adjusters understand this deadline and might pressure you to settle early, hoping you won’t pursue legal action. It’s crucial to remember that you are not obligated to accept any offer or even to speak with the adjuster directly. I always advise our clients of adjuster tactics and the insurance company’s goals before proceeding with any conversations.

Initial Contact And Protecting Your Rights

Soon after an accident, you’ll likely receive a call from an adjuster. This first contact is critical because the information you provide can influence the entire claim process. The adjuster may ask for your account of the accident, your injuries, and your medical treatment. While it may feel natural to share details, I strongly advise you to avoid discussing specifics until you fully understand your injuries and the potential costs of your treatment.

It’s generally wise to keep this conversation brief. You can let the adjuster know that you’re seeking medical treatment and considering your options. You’re not obligated to provide a recorded statement at this time, and it’s usually best to politely decline until you’ve had a chance to discuss your case with an attorney. New York laws protect your rights, and you have the right to withhold certain information until you’ve reviewed your options.

Gathering Evidence To Strengthen Your Claim

In New York motor vehicle accident injury cases, evidence is key. Insurance adjusters will scrutinize every detail to minimize the value of your claim, so it’s very important to gather and preserve any available evidence. Document your injuries, medical treatment, and any costs associated with your recovery. If you can, take photos of the accident scene and your injuries. Obtain copies of any police reports, witness statements, and other documents related to the incident.

Under New York law, your compensation is based on ‘comparative negligence.’ This means that even if you share some fault for the accident, you may still recover damages, though they’ll be reduced by your degree of fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. Keeping thorough records helps you prove your case and minimizes any attempt by the insurance company to reduce your compensation based on your alleged responsibility.

Understanding Settlement Offers

Adjusters may offer a quick settlement, which may seem appealing when medical bills are piling up. However, initial settlement offers are often far below what you may be entitled to receive. New York law allows you to seek compensation for both economic and non-economic damages, including medical expenses, lost wages, and pain and suffering. By accepting an early settlement, you may waive your right to pursue additional compensation if your injuries require ongoing treatment.

Before accepting any offer, consider consulting our firm. As a personal injury lawyer, I can review the details of your case, estimate the value of your claim, and negotiate with the insurance company on your behalf. This negotiation process involves presenting evidence, making a case for the full value of your claim, and countering any lowball offers. Our attorneys understand the tactics adjusters use, and I can help ensure that you receive the full monetary compensation you deserve under New York law.

How An Attorney Can Help

Handling insurance adjusters can be complex, and having legal representation can make a significant difference. I work to protect your rights and manage all communication with the insurance company. From gathering evidence to negotiating settlements, I handle the legal side of your claim so you can focus on your recovery. Additionally, if the insurer refuses to offer a fair settlement, I am prepared to take your case to court to secure the compensation you’re entitled to.

Poughkeepsie Accident Claim FAQs

What Should I Say To The Insurance Adjuster After My Accident?

It’s best to keep your statements brief and factual. Let them know you’re receiving medical treatment, but avoid discussing details about the accident, your injuries, or your recovery. Politely decline to provide a recorded statement until you’ve discussed your accident with an attorney, as adjusters may use your statements to limit your claim. I’m available to guide you through this process, ensuring you protect your rights from the beginning.

Can I Settle With The Insurance Company Without An Attorney?

While you’re legally allowed to settle without an attorney, doing so may put you at a disadvantage. Insurance adjusters aim to minimize the payout, and an initial offer may not cover the full scope of your injuries or long-term needs. An attorney can review the details of your claim, gather evidence, and negotiate for a fair settlement. I can provide you with a realistic estimate of your claim’s value and handle negotiations on your behalf so you don’t settle for less than you deserve.

What If I’m Partially At Fault For The Accident?

In New York, the law follows a comparative negligence rule, which means you can still recover compensation even if you’re partially responsible for the accident. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 25% at fault, your recovery will be reduced by 25%. I can help minimize your liability and work to secure the maximum compensation you’re entitled to receive.

What Types Of Damages Can I Recover In A Personal Injury Claim?

In New York, personal injury claims allow for the recovery of economic and non-economic damages. These include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. In some cases, you may also be eligible for punitive damages if the at-fault party acted recklessly. I can help you assess the full value of your claim to make sure you seek all possible damages under New York law.

Our Poughkeepsie Accident Attorneys Take a Team Approach on Every Case

At Jonna Spilbor Law, we understand the challenges you face after an accident. Our legal professionals are here and ready to support you through this difficult time. We will advocate for your legal rights and guide you through every stage of the claims process. If you’re dealing with insurance adjusters or have questions about your claim, we’re ready to provide the assistance you need to pursue the compensation you deserve.

To receive a free consultation, contact our Poughkeepsie accident attorney at Jonna Spilbor Law. Please contact the office location most convenient for you. Call our Poughkeepsie office at (845) 485-2529, our New York City office at (646) 922-9789, or our Cold Spring office at (646) 922-9789. We proudly serve clients across the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you take the next step toward recovery and justice.