Before you talk to the insurance company, talk to a lawyer who used to work for one.
Cristin Calvi spent most of her career working for large auto insurance companies. Now she represents people hurt in car accidents across Westchester County, and she knows how your claim will be evaluated.
What the insurance company looks at in your claim
Adjusters review nearly every car accident file against the same points. Here's what's on that list, and what you can do about each one.
Bodily injury claim review
Motor vehicle accident, New York
When you first got treatment
A delay between the accident and your first doctor visit is the first thing used to argue you weren't really hurt. Get checked out right away, even if you feel okay.
Gaps in your treatment
Missed appointments and long breaks between visits get read as recovery. Keep your appointments and tell your doctor about every symptom.
Your recorded statement
The other driver's insurer may ask to record your account of the accident. You don't have to give one. Speak with a lawyer first.
Police report and photos
The other driver's insurer may ask to record your account of the accident. You don't have to give one. Speak with a lawyer first.
Prior injuries
Insurers search for earlier injuries to the same part of your body. Tell your doctors and your lawyer up front, so it's addressed rather than discovered.
Social media
Public posts get reviewed. Keep your accounts private or stay off them while your claim is open.
New York's serious injury threshold
To recover for pain and suffering in New York, an injury generally has to meet the Insurance Law's definition of a serious injury. Your medical records are how that gets proven.
New York deadlines that can end a claim
30 days
File your no-fault application. No-fault pays medical bills and part of lost wages regardless of who caused the accident, but only if you apply in time.​
90 days
If a city, county or other public vehicle was involved, a notice of claim is generally due within 90 days.​
3 years
The general deadline to file a lawsuit for injuries from a car accident. It's shorter when a public entity is involved.
Deadlines depend on the facts of your case. Call early so none of them pass.
What it costs
Consultations are free. Car accident cases are handled on a contingency fee of one-third (33â…“%) of the amount recovered.
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We pay the costs of your case, such as medical records, filing fees and expert reports, as the case goes on. If there is no recovery, you owe no attorney's fee and you do not have to pay back any of those costs.
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If there is a recovery, our fee is calculated on the gross amount recovered. The costs we paid are then reimbursed from the recovery, and the balance goes to you.