Getting that first call from an insurance adjuster after a car accident can feel overwhelming. The adjuster sounds friendly, maybe even sympathetic. But here’s what most New York accident victims don’t realize: that person on the phone works for the insurance company, not for you. Their job is to pay out as little as possible on your claim.
Knowing what not to say and what not to do during these conversations can protect your right to fair compensation. Here are the biggest mistakes people make when dealing with insurance adjusters after a wreck.
Don’t Give a Recorded Statement Right Away
Insurance adjusters love to ask for recorded statements. They’ll say it’s “just routine” or that it will “help speed things along.” What they won’t tell you is that everything recorded can get picked apart later and used against you.
These adjusters ask questions all day, every day. They know exactly how to phrase things to get you to say something that hurts your case. Maybe you mention you felt “okay” right after the accident because the adrenaline hadn’t worn off yet. Suddenly, that statement gets used to argue that your injuries aren’t real.
Watch What You Say About the Accident
New Yorkers tend to be polite. Saying “sorry” after an accident feels automatic, even when it wasn’t your fault. But insurance companies will twist that apology into an admission of guilt faster than you can blink.
Don’t guess about what happened or why. Don’t offer theories. The facts will come out through police reports, witness accounts, and sometimes traffic cameras or accident reconstruction experts. Let the evidence speak instead of making statements you can’t take back.
New York follows comparative negligence rules, which means if you’re found even partially at fault, your compensation gets reduced by that percentage. Why hand the insurance company free ammunition?
That First Settlement Offer
Insurance companies often make quick, lowball settlement offers to accident victims who don’t have lawyers yet. They’re betting that you’re stressed about medical bills and car repairs and will grab whatever money gets offered just to make the problem go away.
The real issue is that injuries don’t always show up immediately. Whiplash, concussions, and psychological trauma can take days or even weeks to fully develop. If you settle fast and sign away your rights, you’re stuck paying for ongoing treatment out of your own pocket.
In New York, personal injury claims can include compensation for medical costs, lost wages, future earning capacity, pain and suffering, and permanent scarring or disfigurement. Getting all of that properly valued takes time and experience. Rushing into a settlement almost always means leaving money on the table.
Don’t Minimize Your Injuries
When an adjuster asks how you’re feeling, the natural response might be “I’m alright” or “could be worse.” Those statements go straight into your file and get used later to argue that your injuries weren’t serious.
Even if you’re not sure how badly you’re hurt, don’t downplay your symptoms. Soft tissue damage, back problems, and head injuries can worsen over time. What might seem like slight soreness today could turn into chronic pain that affects your life for years.
Keep Personal Information to Yourself
Insurance adjusters are trained to be chatty. They’ll ask about your day, your job, your hobbies. It feels like small talk, but every word gets noted in your file.
Did you mention that you went to the grocery store? The adjuster will write down that you’re mobile and active. Did you say you’re back at work part-time? That becomes evidence that your injuries aren’t preventing you from normal activities.
Stick to the basic facts: your name, where and when the accident happened, and maybe what vehicles were involved. Everything else can wait until you have legal representation guiding you.
Never Sign Blanket Medical Authorization Forms
Adjusters will ask you to sign forms authorizing release of your medical records. Sounds reasonable, right? They need to see documentation of your injuries to process your claim.
The problem is these forms often give them access to your entire medical history going back years. Insurance companies dig through old records hunting for anything they can blame instead of the accident, a previous injury, a pre-existing condition, anything at all.
Medical records should be released selectively and strategically, showing only what’s relevant to your current claim. An experienced attorney knows how to handle this properly while protecting your privacy.
Get Help from Lawyers Who Know New York Accident Cases
At Marc S. Albert, we have spent 26 years helping accident victims across New York City and Long Island recover what they deserve. We have brought in over $100 million in verdicts and settlements, handling everything from fender-benders to catastrophic collisions.
When you’re hurt and worried about bills piling up, you need someone who knows how insurance companies operate and won’t let them take advantage of you.
Our law offices offer free consultations, and there’s no fee unless your case wins. Get answers to your questions without any financial risk.
You can call us on (347) 472-5080.
Or visit us at our 3 convenient locations:
- Astoria at 32-72 Steinway St, Astoria, NY 11103
- Brooklyn at 7113 5th Avenue, Brooklyn, NY 11209
- Syosset at 175 Jericho Turnpike, Syosset, NY 11791