After an accident in New York City, chaos reigns. The sirens, backed-up traffic, gawking crowds, foreign paperwork, and phone calls from strangers you’ve never spoken to before can leave the accident victim utterly confused. These chaotic conditions pose a high risk of you making a costly mistake, so let’s give you some guidance that will prevent avoidable mistakes.
You may be fielding calls and other correspondence from insurance companies, including your own. When you speak with their representatives, you should never apologize, admit fault, or agree to any claim-related action (including accepting a settlement offer). Instead, engage a New York City auto accident lawyer from our team to protect you, deal with insurers on your behalf, and fight for the fair compensation you deserve.
The Perecman Firm has recovered nearly $1 billion for our clients, including many accident victims. Do not wait to call us or contact us online, as we will immediately protect you from perilous interactions with insurers that might otherwise cost you significant compensation.
Key Takeaways: Things Not to Say to Your Insurance Company
- Saying the wrong thing can give insurance companies the leverage they seek, and knowing what not to say is as important as any other consideration after an auto accident.
- Insurance companies are profit-focused organizations, and they may seize on any opportunity to reduce your compensation.
- You should avoid giving recorded or detailed statements before speaking with a New York City auto accident lawyer from The Perecman Firm.
- Even throwaway comments and words uttered with good intentions may be used against you and your claim, so saying as little as possible is the smart approach.
- The sooner you retain our firm, the safer you are, so don’t wait to call The Perecman Firm or contact us online about your auto accident claim.
Profits Over Principles: Insurance Companies Are Likely Focused on Limiting Your Payout, and the Wrong Words Can Play Into That Agenda
We are told that insurance policies exist to protect us, including in the aftermath of auto accidents. Yet, most insurers’ goal is to pay as little as possible on each claim they receive. When they believe they can justify it, insurers even deny crash victims’ claims without hesitation.
It is true across all types of auto accidents we handle in New York City, including:
- Car crashes
- Motorcycle accidents
- Truck accidents
- Collisions involving pedestrians and bicyclists
- E-scooter accidents
Adjusters are trained to ask questions that put the accident victim in a difficult position. These questions may even be explicitly structured to have you say things that work against your claim (and into the insurer’s hands).
We advise you to avoid making any statements to insurers until you have retained a New York City personal injury lawyer from our firm. If you must make any statements before you engage our firm, think carefully about what you say. Don’t hesitate to exercise your right not to say anything until you have spoken with us.
Insurance Adjusters Typically Sound Friendly. Don’t Think for a Second That They Are Your Friend.
One of the most confusing parts of dealing with insurance companies is how friendly the conversation can feel. Adjusters are often polite, patient, and reassuring. They may tell you they just want to understand what happened or help move the process along.
From our experience at The Perecman Firm, that tone is intentional. Insurance companies understand that people are more likely to speak freely when they feel comfortable. Also, this tone can make you feel like the insurance representative is truly on your side. Don’t be mistaken: The insurance representative is on the insurance company’s side, not yours.
Our firm will be on your side, and only your side. Rather than falling for insurance companies’ friendly act, allow our firm to provide the authentic advocacy that you will have no doubts about.
One of our most important roles as your representatives is to ensure that statements given to insurance companies further your case, rather than destroy it.
Statements You Should Never Make After an Auto Accident in New York City
Specific phrases and types of statements consistently cause problems for accident victims. Most people are not calculated, so they don’t think about the way that well-intended statements might be used against them.
Some of the most potentially damaging statements you might make after an auto accident are:
Apologies (and Other Implied or Explicit Admissions of Fault)
Saying “I’m sorry” or “I think the accident was my fault” can be treated as an overt admission that you caused the crash. Even if you were being polite, insurance companies may take your statement as fact.
A determination of fault should come only after a thorough investigation. Since you have not conducted such an investigation, you are not in a position to determine who is at fault for the crash. Speculating about your own fault can have substantial negative consequences, so don’t do it.
Statements That Minimize Your Injuries
Statements like “I’m fine,” “I feel okay,” or “It’s probably nothing” are extremely common among accident victims, especially those who are tough by nature.
The truth is that many common accident-related injuries take time to emerge. Adrenaline and shock often mask pain in the hours and days after a crash. You should never say anything that downplays or dismisses accident-related ailments.
Insurance companies may eventually argue that:
- You were not seriously injured in the accident
- Your injuries appeared later and are unrelated to the crash
- Your condition is being exaggerated
Don’t give insurers ammunition for such arguments in the form of your own statements.
Speculative Statements About the Accident (Including Its Cause)
Trying to guess how an accident occurred or what caused it can backfire. You may not have all the facts, and your understanding may evolve as more information comes to light.
The slightest difference between your statements and what the evidence ultimately shows can be used to undermine your credibility.
Agreement to Make a Recorded Statement
Recorded statements are one of the most common tools insurers use to lock accident victims into damaging narratives. Once a statement is recorded, it is difficult to refute or correct later.
We almost always advise our clients not to give recorded statements until we are involved in the case.
Suggesting You Do Not Need, or Will Not Hire, a Lawyer
When an insurer hears that you plan to handle the matter yourself, they may see an opportunity to take advantage of your inexperience. Unrepresented claimants may be more likely to accept low settlements, and the insurance company may ramp up its pressure tactics if you suggest you’re not going to retain an attorney.
Posting About the Accident on Social Media
What you say online matters too. Insurance companies routinely review accident victims’ social media accounts.
In New York City, where social media activity can feel like a personal and professional necessity, post-accident posting poses an imminent risk to accident claims. A single photo at a family event or a short walk outside can be misrepresented as proof that you are not as injured as you claim to be.
We advise clients to avoid posting about the accident or their physical activities while a claim is pending.
Why You Should Avoid Giving Detailed Statements Until You Have Retained an Auto Accident Attorney
Aside from providing basic identifying information and confirming that an accident occurred, you are usually not required to give a detailed statement immediately to any insurance company, including your own.
Waiting until you have spoken with a lawyer to give substantial statements allows you to:
- Understand and better exercise your rights.
- Learn what is truly an obligation and where you have a choice (this is particularly important when it comes to giving recorded statements).
- Avoid making misstatements.
- Ensure your injuries are properly documented.
- Protect yourself from bad-faith insurance tactics that too often allow insurers to escape their contractual obligations.
Once The Perecman Firm is involved in your case, insurers are directed to communicate with us. It will take the pressure off you and provide you with space to focus on your recovery.
New York’s Contributory Negligence Rules Make It Even More Important That You Measure Your Words (and Let a Lawyer Help with Insurance Statements)
One quick note on relevant state law: New York follows a comparative negligence system. It means that, even if you are partially at fault for an accident, you may receive compensation from insurers. It also means that, if an insurance company can successfully claim you’re partially at fault, your payout can be reduced.
In New York City, fault disputes commonly arise in cases involving:
- Lane changes in heavy traffic
- Pedestrian crossings at busy intersections
- Cyclists sharing the road with vehicles
- Other circumstances where fault is not entirely clear
A single statement suggesting you share responsibility for the crash can be enough for an insurer to push blame onto you.
How We Help Accident Victims Go on the Offensive After an Accident
Much of the advice we’ve provided focuses on defensive strategy. Now, let’s talk about how you can gain control of the claims process by going on the offensive.
Taking intentional, proactive steps early after a crash can strengthen your case significantly, and you might:
- Seek prompt medical care.
- Follow your providers’ treatment recommendations (and take any additional measures you believe will benefit your recovery).
- Preserve any evidence that you possess.
- Retain a New York City auto accident attorney from The Perecman Firm as soon as possible, and allow us to take over the claims process for you.
Our early involvement in your case will allow us to preserve evidence, help you make statements strategically, and begin building your case immediately.
Our Comprehensive Approach to Clients’ Auto Accident Cases
When you hire The Perecman Firm, we begin assembling a straightforward, wide-ranging, evidence-based narrative that supports your right to full compensation.
Our work often includes:
Our firm’s history of strong results informs how we approach negotiations and litigation alike. The billions we have recovered for our clients is a big deal, and it’s the result of our tireless representation
Of Course, We Will Also Protect You From Dubious Insurance Tactics
One of the most immediate benefits of hiring us is that we handle your insurance communications, including:
- Calls with insurance adjusters
- Document requests
- Depositions
- Negotiations
Our clients face no pressure, badgering, or other bad-faith tactics. Your case is our cause, and we want you focused on recovery.
Damages We Typically Seek for New York City’s Auto Accident Survivors
Our goal is always to pursue compensation that reflects the full impact of the accident on your life, and that impact often includes:
- Current medical bills
- Future treatment costs
- Lost income
- Diminished earning capacity
- Pain and suffering
- The cost of repairing or replacing motor vehicles, bicycles, e-scooters, and other modes of transportation
- The cost of replacing damaged personal property
The more serious your injuries are, the more costly your damages are likely to be. However, even clients with seemingly minor injuries may be entitled to a substantial sum, as each case has unique considerations.
Frequently Asked Questions
We have represented many New Yorkers dealing with the fallout of auto accidents, and they often ask:
Should I talk to my insurance company at all after an accident?
You may provide basic information, but you should avoid detailed or recorded statements until you speak with a lawyer from our team.
Can my own insurance company use my statements against me?
Yes. Statements to your own insurer can sometimes be used to limit coverage or dispute claims
What if I already gave a statement?
Even if you gave a damaging statement, the fight for fair compensation is far from over. Our attorneys have successfully represented clients in numerous cases where the odds seemed long. Therefore, speaking with us right away is the best way to rectify any misstatements you have made.
Contact a New York City Auto Accident Lawyer
A statute of limitations governs every injury case in New York, and missing a deadline can permanently bar your claim. This is among several reasons to reach out to our firm right away.
If you have suffered an injury and are unsure what to say or who to trust, we are here to help. At The Perecman Firm, we guide New Yorkers through difficult moments with care, clarity, and determination. We also require no upfront fee, and we are paid based on the result of your case.
Contact us today for a free consultation. We will listen, explain your options, and help protect your rights from the very first conversation.