Getting hurt in a car accident is a stressful and traumatic situation. It can be difficult to know what to do next.
If you’re thinking about seeking compensation—the damages will probably add up fast, after all—you may have to start by filing a claim with your own insurance carrier. Since New York takes a “no fault” approach to car accident damages, everyone is generally responsible for their own losses, regardless of whether they actually contributed to the crash. If you meet the state’s serious injury threshold, however, you may also be able to file a claim with the at-fault party’s insurance carrier.
To give all your claims the best chance of success, you’re going to have to avoid making critical mistakes in the aftermath. Let’s take a look at what not to do in the wake of a wreck, so you don’t jeopardize your potential claims:
1. Don’t Admit Fault
Even if you believe you played a role in the accident, it’s important to avoid admitting fault to the other driver, the police, or the insurance adjuster. Anything you say can and will be used against you during the claims process. It is best to let your attorney handle any communication with the police or the opposing party.
2. Don’t Sign Anything Prematurely
The insurance adjuster may try to get you to sign a settlement agreement or release before you have had a chance to understand your rights. It’s wise to have any documents that you are asked to sign reviewed by an attorney. This will ensure you understand all the terms before proceeding and you don’t enter into any kind of agreement that’s not in your best interests.
3. Don’t Delay in Getting Medical Attention
Even if you don’t think you were seriously hurt, it is essential to get checked out by a doctor. You may have injuries that you are not aware of. Delaying medical attention can result in complications.
It can also make it make it more difficult to get the compensation that you deserve because the opposing party may be able to argue that you failed to mitigate damages.
4. Don’t Post About the Situation on Social Media
The insurance adjuster will be looking for any reason to challenge your claim, and they’re probably going to start on Facebook, Instagram, and the like. As such, it’s wise to lay low online until your case has been resolved. Otherwise, they might attempt to spin your content and use it against you.
5. Don’t Give Up
The legal process can be frustrating, but it is important not to give up. If you have been injured in a car accident, you should pursue every possible avenue of compensation. Thankfully, an attorney can guide you every step of the way.
Speak with a New York Car Accident Attorney
At Leitner Varughese, we represent clients in New York City, Long Island, and throughout the rest of New York State. If you were seriously hurt in a wreck and you want to take action, let us help you devise a strategic way forward. Call 855-585-2969 or submit our Contact Form to schedule a free initial consultation with a tenacious car accident lawyer in New York.
