Dealing with insurance companies is inevitable when you get into a car accident. It’s important to know what to expect.
Here are some of the most common questions we receive about dealing with insurance companies in New York City.
How do insurance companies determine liability in New York City?
New York is a no-fault state. If the damage is less than $50,000 and does not meet the severe injury threshold, there is no determination of fault.
Instead, each driver’s insurance company pays for that driver’s damages.
New York uses comparative negligence to determine each driver’s fault percentage when the accident exceeds the serious injury threshold. Most of the time, each driver bears at least a small percentage of the fault. It could be 90% and 10%, it could be 99% and 1%, but both parties usually bear some responsibility.
Either party may sue in theory, but there are diminishing returns for doing so in practice. Any future injury award or settlement gets reduced by your percentage of fault. Thus, the driver who is most at fault usually ends up sued by the driver who is least at fault.
How do insurance companies calculate damages?
In a no-fault accident, insurance companies tally up the damage to your property and medical bills and resolve your claim based on those amounts.
In a serious injury case, lawyers on both sides calculate the same damages, lost wages, and the likely pain and suffering award.
How should you deal with insurance adjusters?
If you are in a no-fault accident, tell them the truth about it and send them any documentation they ask for. Most of the time, these cases are routine, and the check that gets sent is fair.
You must be more careful after a big, catastrophic accident that meets the threshold. The emergency medical bills alone can be worth far more than insurance companies want to pay. Adjusters will try to trick you into giving up information you shouldn’t give up or into making self-implicating statements that increase your fault percentage and decrease their liability.
Your best bet is to call a lawyer before speaking with anyone from the insurance company. Let your lawyer handle them while you focus on healing. Your lawyer can even take care of filing a claim on your behalf.
When do you need a lawyer?
You will need a lawyer if your injuries meet the serious injury threshold. Contact our office to schedule a free, no-obligation consultation to review the facts of your case.
See also:
Steps to Take After a Car Accident in New York
The Importance of Documenting Your New York Personal Injury Claim