Should I Speak with the Other Driver’s Insurance Company After a Car Accident in New York City?
If you’ve been injured in a New York City car accident, you may receive a call from the other driver’s insurance company. While it may seem helpful to answer, you are not legally required to speak with them – and doing so can hurt your case. Insurance adjusters work for their company, not you. The safest step is to let an experienced NYC car accident lawyer handle all communications.
Am I Required to Speak to the Other Driver’s Insurance Company in NYC?
No. Under New York law, you are not required to speak with the at-fault driver’s insurer.
- You must cooperate with your own insurance company.
- You do not have to cooperate with the other driver’s insurance company.
Why Talking to the Other Driver’s Insurer Is Risky in New York
Insurance companies in NYC use tactics to minimize or deny claims. Because New York follows a pure comparative negligence rule, even small admissions can reduce your compensation.
Common risks of speaking directly with an insurer include:
- Accidental admissions of fault: Statements like “I might have been going fast” can be twisted against you.
- Downplaying injuries: Saying “I’m fine” may undermine future medical claims.
- Recorded statements: These are not required and are often used to challenge your credibility.
- Lowball settlements: Quick offers rarely cover long-term medical costs, lost wages, or pain and suffering.
New York City–Specific Car Accident Insurance Rules
Understanding NYC’s insurance system helps protect your rights:
- No-Fault (PIP) Coverage: Your own policy pays initial medical bills and lost wages, regardless of fault (minimum $50,000).
- 30-Day Deadline: You must file your No-Fault (PIP) application within 30 days of the accident.
- Serious Injury Threshold: To file a lawsuit for pain and suffering, you must meet New York’s “serious injury” definition (fracture, disfigurement, permanent limitation, or 90/180-day rule).
- Claims Against Government Vehicles: If an NYCTA bus, MTA vehicle, or city-owned car caused the crash, you must file a Notice of Claim within 90 days.
Property Damage Claims After a Car Accident in NYC
While medical expenses fall under No-Fault insurance, property damage works differently:
- If the other driver is at fault, their insurer may cover repairs.
- If liability is disputed, you may need to file under your own collision coverage (minus your deductible).
What To Do If the Other Driver’s Insurance Company Calls You
If contacted by the other driver’s insurer in New York City:
- Get the adjuster’s name, company, and claim number.
- Do not discuss injuries, fault, or settlement.
- Decline recorded or written statements.
- DO NOT accept a fast settlement, or sign anything!
- Refer them to your NYC car accident lawyer.
- Document the call (date, time, what was said).
- Continue medical treatment and follow the doctor’s orders.
How a New York City Car Accident Lawyer Protects You
Hiring a New York City personal injury lawyer means you don’t have to deal with insurance companies alone. Your attorney can:
- Handle all communication with adjusters.
- Protect you from tactics designed to reduce your payout.
- Calculate and negotiate for full compensation – medical bills, lost wages, pain and suffering, and property damage.
- File a lawsuit in NYC courts if the insurer refuses to pay fairly.
Frequently Asked Questions
Do I need to contact the other driver’s insurance company in New York?
No. You are not legally required to do so.
Can my words be used against me?
Yes. Even polite remarks like “I feel okay” can weaken your claim.
What if they offer a quick settlement?
Be cautious. Fast offers are usually far below what your claim is worth.
Would you like me to give a recorded statement?
Not to the other driver’s insurer. You may need to cooperate with your own, but consult your lawyer first.
Who should handle communication?
Your attorney. Once you’re represented, insurers must contact your lawyer directly.
Why Choose Greenstein & Pittari, LLP?
At Greenstein & Pittari, LLP, we specialize in New York City personal injury law, fighting insurance companies every day on behalf of accident victims.
- Local Harlem office plus locations in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
- No Fee Unless We Win – Our Fee Guarantee.
- Bilingual legal services available.
- Hundreds of satisfied clients and strong reviews.
- Award-winning attorneys recognized by Best Lawyers and Super Lawyers.
- Firm motto: “Don’t Be a Victim Twice.”
Call 1-800-VICTIM2 (1-800-842-8462) or contact us online for a free consultation with an experienced NYC car accident lawyer.
We’ll handle the insurance companies so you can focus on your recovery.