How to Deal with Insurance Companies After a Car Accident in New York City
Being involved in a car accident in New York City can be stressful, confusing, and overwhelming. Between medical treatment, vehicle repairs, and missed work, the last thing you need is a difficult insurance company. Unfortunately, insurers are focused on minimizing payouts – not protecting your rights.
Knowing how to deal with insurance companies after a car crash in NYC can make or break your personal injury claim. Please follow these essential steps to protect your rights and maximize your recovery under New York car accident law.
1. Get Medical Attention Right Away
Even if you feel fine after a collision, always see a doctor within 24–48 hours. Hidden injuries such as concussions, internal bleeding, or whiplash are common in New York auto accidents and may not appear immediately.
Prompt medical care not only protects your health but also creates crucial documentation linking your injuries to the crash. Please make sure to keep copies of all medical reports, bills, prescriptions, and follow-up instructions. These records are vital evidence for your insurance and legal claim.
2. Understand New York’s No-Fault Insurance System
New York is a no-fault state, meaning your own insurer must pay for medical expenses and lost wages, regardless of who caused the accident. This is covered under Personal Injury Protection (PIP), which typically provides up to $50,000 per person for medical and economic losses.
Key no-fault rules include:
- Notify your insurer within 30 days of the accident to qualify for PIP.
- Submit medical bills within 45 days.
- You can only sue for pain and suffering if you meet the “serious injury” threshold under New York Insurance Law §5102(d).
Once that threshold is met, such as in cases involving fractures, disfigurement, or permanent limitations, you can pursue a personal injury lawsuit in New York against the at-fault driver.
Under New York’s comparative negligence rule (CPLR §1411), even if you were partially at fault, you can still recover compensation, reduced by your percentage of fault.
3. Report the Accident and Gather Evidence
Strong documentation is the foundation of any successful New York car accident claim. File a police report (MV-104A) and collect evidence immediately. Save:
- Photos and videos of vehicle damage, skid marks, and injuries
- Witness names and contact information
- The police report and any traffic citations
- Medical bills, diagnostic results, and treatment notes
- Proof of lost wages or out-of-pocket costs
Thorough documentation makes it harder for insurers to deny or undervalue your claim.
4. Be Careful When Speaking with Insurance Adjusters
Insurance adjusters may sound friendly, but their goal is to reduce your payout. Protect yourself by following these rules:
- Stick to the facts – do not admit fault or apologize.
- Avoid recorded statements without your lawyer’s approval.
- Never downplay your injuries.
- Do not speculate about the cause of the accident.
Once you hire a New York personal injury lawyer, insurers must communicate through your attorney, protecting you from manipulation and costly mistakes.
5. Never Sign Anything Without Legal Review
Do not sign any documents, especially medical release forms or early settlement offers, without consulting an attorney. These forms can:
- Give insurers unrestricted access to your medical history
- Limit your ability to recover additional compensation later
- Close your claim before you know the full extent of your injuries
An experienced NYC car accident lawyer from Greenstein & Pittari, LLP will review all documents to ensure your rights and future compensation are fully protected.
6. Watch for Common Insurance Company Tactics
Insurance companies often use delay or denial tactics to pressure victims into settling for less. Common examples include:
- “Losing” paperwork or requesting unnecessary documentation
- Delaying responses to calls or emails
- Offering early lowball settlements
- Claiming injuries are unrelated to the crash
If this happens, Greenstein & Pittari can step in and hold the insurer accountable.
7. Meet All Deadlines Under New York Law
New York has strict legal deadlines for car accident claims:
- Personal injury lawsuit: 3 years from the accident (CPLR §214[5])
- Wrongful death: 2 years (EPTL §5-4.1)
- Claims against city or public entities: Notice of Claim within 90 days; lawsuit within 1 year and 90 days (GML §§50-e, 50-i)
If a hit-and-run or uninsured driver injured you, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may cover your damages, but strict notice deadlines apply.
8. Let Your NYC Car Accident Lawyer Handle the Insurer
Once you hire an attorney, the insurance company must deal directly with your lawyer. At Greenstein & Pittari, LLP, our New York City personal injury attorneys handle everything:
- Filing and managing your PIP and third-party claims
- Gathering evidence and calculating full damages
- Negotiating aggressively for maximum compensation
- Taking your case to trial if the insurer refuses a fair settlement
We know the tactics insurance companies use-and how to beat them.
9. When to Call a Car Accident Attorney in NYC
Call a New York car accident attorney immediately if:
- You suffered serious or long-term injuries
- The other driver was uninsured or underinsured
- A government vehicle (e.g., NYPD, MTA, sanitation truck) was involved
- You’re being pressured to accept a quick settlement
A lawyer can protect your claim, calculate your damages accurately, and ensure you receive the full compensation you deserve.
Frequently Asked Questions About Insurance Claims After NYC Car Accidents
Would you like me to speak with the insurance company?
You must report the accident to your own insurer, but you don’t have to talk to the other driver’s insurer. Refer them to your attorney instead.
Can I handle my own claim?
You can, but it’s risky. Insurance companies have teams of adjusters and lawyers trained to minimize payouts. Greenstein & Pittari level the playing field.
What does it cost to hire your firm?
We work on a contingency fee basis – you pay no fees unless we win.
Why Choose Greenstein & Pittari, LLP
- Local offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No Fee Unless We Win – Our Fee Guarantee
- Top-rated NYC car accident lawyers featured in Best Lawyers and Super Lawyers
- Bilingual legal team serving English – and Spanish-speaking clients
- Hundreds of satisfied clients across New York City
We handle the insurance companies so you can focus on your recovery.
Don’t Be a Victim Twice – Call Greenstein & Pittari, LLP Today
Insurance companies are not on your side, but we are. Don’t let an adjuster pressure you into accepting less than you deserve.
Call 1-800-VICTIM2 (1-800-842-8462) or contact us online for a free, no-obligation consultation.
Let Greenstein & Pittari, LLP fight for the compensation you deserve for your medical bills, lost wages, and pain and suffering.
The call is free. The consultation is free. You don’t pay unless we win.
That’s the Greenstein & Pittari Fee Guarantee – and our promise to every New Yorker we represent.