What you do in the hours and days after your accident is critical for your compensation claim. One wrong move or oversight could minimize your compensation or even mean that you’re getting nothing. Whether you’re hurt on a crowded subway platform, a busy Manhattan street, or a construction site, insurance companies are hoping you make mistakes that save them money.
Injured New Yorkers unknowingly sabotage their own claims every day. Whether they’re failing to meet lawsuit filing deadlines, oversharing on social media, or talking too much with insurance adjusters. In this guide, you’ll learn about the seven most costly errors victims make and how you can avoid them.
1. Not Seeking Immediate Medical Attention
The biggest mistake injured New Yorkers make is thinking “I feel fine” means they don’t have any injuries. After an accident, adrenaline and shock can mask serious injuries for hours or even days. The neck pain you feel two days after a rear-end crash? That could be whiplash. The “minor” headache that won’t go away? It might signal a concussion. Unfortunately, by the time symptoms fully emerge, you may have already damaged your compensation claim.
Under New York State law, you must file your no-fault insurance application within 30 days of your accident to access benefits covering medical treatment. If you miss this deadline, you could end up having to pay for all medical expenses out of your pocket.
And for insurance adjusters, delays in treatment are a convenient way to deny claims. They will argue that since you didn’t see your doctor immediately, your injuries are minor or have nothing to do with the accident. Don’t risk leaving money on the table and get checked out even after a minor accident. It can make all the difference for your health and your personal injury claim.
2. Failing to Gather Evidence
In the city that never sleeps, accident scenes can change within minutes, and evidence disappears forever. That’s why you need to act immediately if you’re injured. Here’s how to document an accident:
- Take Photos and Videos. If you’re able to take pictures, try to capture everything: vehicle damage, street conditions, traffic signals, construction barriers, wet subway platforms, broken tiles, or missing warning signs. Don’t forget to document injuries and damaged personal property.
- Gather Witness Information. Don’t let witnesses walk away from the accident scene without getting their contact details or even a statement. NYC witnesses may just vanish into crowds, meaning you could lose vital evidence for your compensation claim, especially if it’s your word against that of the at-fault party.
- File Official Reports. Creating an official accident record can make or break your claim. Always call 911 for vehicle accidents or serious injuries to get an NYPD report. For MTA incidents, find and notify station personnel immediately.
Doing these steps can put you on the right track for recovering the compensation you need and deserve.
3. Talking Too Much to Insurance Adjusters
Insurance adjusters may call to “check on you” and express concern about your health and recovery. Don’t be fooled. This may an attempt to undermine your claim. Every word you say is being weighed and analyzed for ways to minimize your claim. The adjuster may ask a seemingly innocent question like, “How are you today?” Your honest answer, such as “I’m doing better,” will then be used to minimize your injuries and suffering.
The safest approach when an adjuster calls? Provide only the basic facts of your accident, like date, time, and location. Don’t be dragged into discussing fault or injuries, and make sure to decline recorded statements. If you’re working with a personal injury lawyer, let them handle all communication and negotiation with an insurer, as they will protect your rights. And definitely don’t sign any documents without letting an attorney review them.
4. Posting on Social Media
Don’t make the classic NYC personal injury mistakes: thinking your Instagram or Facebook accounts are private. Insurance investigators may monitor your social media and even the accounts of your friends and family to fish for any information they could use to deny or minimize your claim. One innocent update could tank your entire case. Here’s what insurance companies look for:
- “Check-ins” That Jeopardize Your Case. That photo at your friend’s wedding, the video showing you cycling with family, or a tagged location at a concert suggests you’re not seriously injured. Even if you were in pain the whole time, images tell a different story.
- Comments About Recovery. Posting “I’m feeling much better today” gives insurers ammunition to argue your injuries are minor, and you’re experiencing only minimal pain. They could use your own words to minimize your suffering and reduce compensation.
- Discussing Your Accident Online. Never post about your accident, injuries, or legal case. Even seemingly innocent statements like “I did not see him coming,” or anything else suggesting you may have some fault in an accident, can sink your compensation claim.
So, what can you post? Your best move is to stay off social media for the duration of your case, tell friends and family not to tag you in any content, and set all your social media to “private” until your case is resolved. If you must use social media, never discuss anything related to your accident and injuries.
5. Accepting a Quick Settlement Offer
The insurance company might be moving fast after your accident, but not to help you. Their tactic may involve dangling a quick settlement check, hoping you’ll take it before understanding the true value of your claim. Initial offers are almost always lowball tactics designed to close your case before the full impact of your injuries becomes clear.
However, once you sign that settlement agreement, you can’t ask for more, whether you need additional surgery or chronic pain keeps you from returning to work. NYC’s high medical costs and lost wages can quickly exceed these early settlements. The $10,000 that seemed generous on day three is nothing when you’re facing $100,000 in medical bills six months later.
6. Missing Critical Deadlines
If you don’t know what to do after an accident in NYC, you could get caught up in strict legal deadlines that could sink your case before it even begins. Typically, the clock starts ticking the moment you’re injured. Here are the deadlines you can’t afford to miss:
- Ninety Days for Government Claims. If you’re injured on city property, on the MTA subway, or by a city vehicle, you only have 90 days to file a notice of claim.
- Three Years for Most Personal Injury Claims. The NYC statute of limitations is the standard deadline for filing personal injury lawsuits for car accidents, slip and falls, and general negligence cases. Victims typically have three years to file a lawsuit.
As there are other important deadlines, speak to an attorney as soon as possible to protect your rights. Missing filing deadlines could bar you forever from recovering compensation.
7. Not Hiring an Experienced NYC Personal Injury Attorney
When you’re injured, whether in a car crash or a premises liability incident, you’ll have a lot on your plate. An attorney can take some of the burdens off your shoulders and handle your legal case while you focus on healing. They’ll observe all deadlines, complete the legal paperwork, and negotiate with insurers.
Handling a claim yourself not only adds stress, but it could also cost you tens of thousands or more in lost compensation. An attorney can calculate your damages comprehensively, including future expected costs, to ensure you’re not getting shortchanged by insurance companies.
Most importantly, an experienced NY personal injury attorney speaks the language of local adjusters and knows how to maximize your claim’s value in this market. And they typically work on contingency, meaning you pay nothing unless they win your case.
How Berkowitz & Weitz Can Help You Avoid These Mistakes
At Berkowitz & Weitz Law, we’ve seen firsthand how mistakes jeopardize injured New Yorkers’ compensation, with a devastating impact on their future. That’s why we protect our clients immediately. Our team can promptly secure critical evidence, liaise with your medical providers, ensure all deadlines are met, and protect you from insurance company tactics designed to minimize your claim.
We work on contingency, meaning you pay nothing unless and until we win and you receive compensation. With our decades of experience in NYC’s courts and a track record of substantial settlements, you’ll be in safe hands.
Contact us now for a free consultation to find out how we can protect you and help you recover what you deserve.