The At-Fault Driver’s Insurance Won’t Pay My Claim

When another driver causes a car accident in New York City, their insurance company should pay for the damage, injuries, and losses they caused. Unfortunately, many injured New Yorkers quickly learn that insurance companies do not always play fair. Instead of paying valid claims, they delay, dispute, and deny responsibility even when fault seems obvious.

If you are being told the claim is still under investigation, receiving a settlement offer that does not cover your bills, or facing an outright denial, you are not alone. More importantly, you still have options.

Greenstein & Pittari, LLP represents car accident victims throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We help injured New Yorkers challenge insurance company tactics and pursue the full compensation they need to recover and move forward.

Free Consultation | No Upfront Fees
Call: 1-800-VICTIM2 (1-800-842-8462)

Why the at-fault driver’s insurance will not pay your claim

Insurance companies are profit-driven businesses. Their goal is to pay as little as possible on each claim. As a result, even valid car accident claims in New York City often face resistance for predictable reasons.

Disputing fault in New York car accidents

Even when liability seems clear, insurers often argue that their driver was not responsible or that you contributed to the crash. New York follows a pure comparative fault system. This means you can still recover compensation even if you were partially at fault, although your percentage of fault may reduce your recovery.

Claiming your injuries are not severe or not related

New York is a no-fault insurance state. No-fault coverage typically pays medical expenses and lost wages up to $50,000 regardless of fault. To pursue pain and suffering, most cases must meet New York’s serious injury threshold. Insurance companies frequently misuse this rule to downplay legitimate injuries and avoid paying fair compensation.

Low policy limits

Sometimes the insurance company agrees to pay, but only up to the policy limits, which may be far lower than the actual value of your injuries. In these cases, additional insurance coverage or other liable parties may need to be pursued.

Delaying the claim to apply pressure

Delays are often intentional. Insurance companies know that injured people facing medical bills and missed work may feel pressured to accept less than they deserve or abandon their claim altogether.

Coverage denials and disclaimers

In New York personal injury cases, insurance companies must provide written notice when they deny or disclaim coverage. The timing and language of these denial letters can matter. Improper denials may be challenged with the right legal strategy.

What to do if the insurance company refuses to pay

Get the reason for denial in writing

Ask the insurance company directly whether the issue is a denial, a coverage dispute, or an ongoing investigation. Please always ask for a written explanation and keep copies of all communications.

Could you be careful with recorded statements?

Insurance adjusters are trained to ask questions designed to reduce or deny claims. Even innocent statements can be taken out of context. It is often safer to let an attorney handle communications.

Preserve evidence as early as possible.

Substantial evidence can disappear quickly in New York City accidents. Preserve police reports, photos, and videos of the scene and vehicles, witness information, medical records, proof of lost income, and any available dashcam or nearby camera footage.

You can use your own insurance coverage when appropriate.

Depending on your policy, you may be able to use no-fault benefits for medical bills and lost wages or collision coverage for vehicle repairs. An attorney can help coordinate these claims without harming your injury case.

Watch deadlines closely

Most New York personal injury lawsuits must be filed within three years, but essential exceptions apply. If a city vehicle, MTA bus, sanitation truck, or other government vehicle was involved, a Notice of Claim may be required within 90 days.

File a complaint when insurers act improperly.

The New York Department of Financial Services provides a complaint process for improper insurance conduct. Legal representation often prompts insurers to take claims more seriously.

How Greenstein & Pittari, LLP helps when insurers refuse to pay

When you hire Greenstein & Pittari, LLP, we take the burden off you and place it on the insurance company where it belongs.

We help New York City car accident victims by:

• Investigating liability and securing evidence quickly
• Working with medical providers to properly document injuries
• Calculating damages accurately, including future medical needs
• Handling all communication with insurance adjusters
• Challenging improper denials and blame shifting
• Identifying additional liable parties such as employers, fleet owners, rideshare companies, or municipalities
• Filing lawsuits when negotiations fail

You focus on your recovery. We handle the insurance company.

Free Consultation | No Upfront Fees
Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island

Compensation available in New York car accident claims

Depending on your case, you may be entitled to compensation for:

• Medical expenses and future treatment
• Lost wages and reduced earning capacity
• Out-of-pocket expenses
• Pain and suffering when legally permitted
• Vehicle repair or total loss value
• Emotional distress and loss of enjoyment of life

Frequently Asked Questions

Why is the insurance company still investigating my claim weeks later?
Often, this is a delay tactic. Insurers may be disputing fault, waiting for statements, or hoping you will accept a lower settlement. Legal pressure can move the process forward.

If I were partly at fault, can I still recover compensation in New York?
Yes. New York law allows recovery even if you were partially responsible, although compensation may be reduced.

What does New York no-fault insurance cover?
No-fault insurance generally covers medical expenses and lost wages up to $50,000 per person, regardless of fault. Pain and suffering claims usually require meeting the serious injury threshold.

The insurance company says my injuries are not serious. What do you think I should do?
This is common. Strong medical documentation, imaging, and specialist opinions are often critical to proving the seriousness of your injuries.

Should I give a recorded statement to the other driver’s insurance company?
Be cautious. Recorded statements are often used to dispute fault or minimize injuries. I think speaking with a lawyer first is usually best.

What if the at-fault driver has low insurance limits?
There may still be options, including your own insurance coverage or claims against other responsible parties.

What if the at-fault driver is uninsured?
You may be able to pursue uninsured motorist coverage. An attorney can help determine the most practical path forward.

Will hiring a lawyer really make a difference?
In many cases, yes. Insurance companies take represented claims more seriously because they know the case is being prepared for litigation if necessary.

Why choose Greenstein & Pittari, LLP

Greenstein & Pittari, LLP focuses exclusively on personal injury law and has a proven record of fighting insurance companies on behalf of injured New Yorkers.

• Local Harlem office and multiple New York locations
• No legal fee unless we win your case
• Bilingual services available
• Hundreds of positive client reviews
• Award-winning attorneys recognized by Best Lawyers and Super Lawyers
• We handle the insurance companies so you can focus on healing

Our firm’s motto is Don’t Be a Victim Twice. We proudly serve clients throughout Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.

Speak with a New York City car accident lawyer today

If the at-fault driver’s insurance will not pay your claim, do not let them decide what your injuries are worth.

Call Greenstein & Pittari, LLP today for a free consultation.
Phone: 1-800-VICTIM2 (1-800-842-8462)

You focus on healing. We will handle the insurance company.