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After a car accident in New York, you might not know which insurance policy to file a claim with. The answer depends on several factors, including the severity of your injuries, who caused the crash, and what type of coverage you carry. New York’s unique no-fault insurance system adds another layer that sets it apart from most other states.
A car accident attorney can help you identify when to use your own insurance versus pursuing a claim against the at-fault driver’s policy. This can significantly impact your ability to recover full compensation for your damages.
Should You Call Your Own Insurance Company After Being Hurt in an Accident That Was Not Your Fault?
Yes, you should notify your insurance company after an accident, even if you were not at fault. Most insurance companies require policyholders to report accidents within a specific timeframe, and failing to do so could jeopardize your coverage or result in a denied claim.
Beyond the contractual obligation, New York operates under a no-fault insurance system that requires drivers to carry Personal Injury Protection (PIP) coverage. Under this no-fault system, your own insurance provides compensation for medical expenses and lost income related to your car accident injuries, regardless of who caused the accident. This means that in most cases, you’ll file an initial claim with your own insurer rather than immediately pursuing the at-fault driver’s insurance company.
Your insurance company processes your PIP claim and covers eligible expenses up to your policy limits, allowing you to focus on recovery rather than lengthy litigation. However, these no-fault benefits have limits and do not compensate you for non-economic damages like pain and suffering.
What Happens if Your Insurance Coverage Is Not Enough?
New York law requires drivers to carry a minimum of $50,000 in PIP coverage. If your medical bills, lost income, and other expenses exceed $50,000, or your injuries meet New York’s serious injury threshold, then you may be able to file a personal injury claim with the at-fault driver’s insurance company.
The serious injury threshold is a legal standard defined under New York Insurance Law Section 5102(d) and includes:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Permanent loss of use of a body organ or function
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident
A personal injury claim can allow you to recover compensation for not only the financial losses you incur beyond your PIP coverage but also your non-economic losses, such as pain and suffering. If the other driver’s liability insurance is insufficient to cover your total damages, however, then you may recover additional compensation through your own underinsured motorist coverage or uninsured motorist coverage.
The Reaction Point
Every case has its variables, including negligence, evidence, medical complexity, and stakes. The Odierno Law Firm acts as the reagent that brings these elements together and sets the reaction in motion. The result is the outcome we aim for, a favorable verdict or settlement for our clients.
Why You Shouldn’t Handle a Car Accident Claim on Your Own
If you need to file a claim with the other driver’s insurance company, it’s important to keep in mind that insurance adjusters’ goal is to minimize payouts and resolve claims as quickly and cheaply as possible.
One common tactic involves requesting recorded statements shortly after the accident. These statements can be used against you if you inadvertently say something that undermines your claim, such as downplaying your injuries or accepting partial blame. Adjusters are trained to ask questions designed to elicit responses that favor the insurance company.
Early settlement offers are another risk. Insurance companies often extend low-ball settlement offers before you fully understand the extent of your injuries or the long-term impact on your life. Once you accept a settlement and sign a release, you typically cannot pursue additional compensation even if complications arise or your medical costs exceed initial estimates.
Working with a car accident attorney can help you protect your rights throughout the claim process. Your lawyer handles all communication with insurance companies, preventing you from making statements that could harm your case. An attorney also evaluates the true value of your claim based on medical expenses, lost wages, future treatment needs, pain and suffering, and other damages. Finally, legal representation signals to the insurance company that you’re serious about pursuing fair compensation, often resulting in more reasonable settlement negotiations.
Best Practices for Protecting Your Car Accident Claim
Whether you’re filing a claim with your own insurance or the at-fault driver’s insurer, the following can strengthen your case and protect your right to recovery.
For your own insurance claim:
- Document the accident scene thoroughly with photos of vehicle damage, road conditions, and visible injuries
- Seek medical attention promptly and follow all treatment recommendations
- Keep copies of all medical records, bills, and treatment plans
- Save repair estimates and documentation of all accident-related expenses
For third-party claims against the other driver:
- Avoid direct communication with the at-fault driver’s insurance company without legal guidance
- Do not provide recorded statements or sign any documents without consulting an attorney
- Document all damages thoroughly, including property damage, medical expenses, and lost earnings
Dedicated To You
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.
If You Need Help After a Car Accident, Call The Odierno Law Firm
Whether you’re filing a PIP claim with your own insurer or pursuing compensation from the at-fault driver’s liability coverage, a car accident lawyer can make the difference between settling for less than you deserve and obtaining full compensation.
The Odierno Law Firm helps accident victims throughout Long Island protect their rights, navigate insurance claims, and maximize their recovery. Contact our car accident attorneys today for a free consultation to discuss your legal options.
