Being involved in a car accident is stressful, but what happens next can be just as challenging. After a crash, insurance companies step in, and while they may appear cooperative, their goal is to protect their bottom line. That often means minimizing how much they pay out for your claim. If you’ve been injured in a Brooklyn car accident, understanding the tactics insurance companies use—and how to prepare for them—can help you protect your rights and pursue fair compensation.
Why Insurance Companies Use Tactics Against You
Insurance providers are businesses. The less they pay in claims, the more profit they keep. While adjusters may seem friendly or concerned, their job is to look for ways to reduce your payout. That’s why it’s important to be cautious and prepared from the very beginning of the claims process.
Common Insurance Tactics to Expect
Offering a Quick, Low Settlement
Shortly after a crash, insurers may reach out with a fast offer. This often happens before you’ve completed medical treatment or fully assessed your injuries. While it may be tempting to accept early funds, these offers rarely reflect the full value of your case, and accepting one could prevent you from recovering more later.
Downplaying or Disputing Your Injuries
Insurers often question the seriousness of your injuries or suggest that your medical condition existed before the crash. They may even argue that a delay in treatment means your injuries weren’t caused by the accident. Prompt medical care and detailed documentation can help refute these arguments.
Requesting a Recorded Statement
You are not required to provide a recorded statement to the other driver’s insurance company. These interviews can be used to get you to say something inconsistent or damaging. Anything you say can be used to shift blame or devalue your claim.
Monitoring Your Social Media
Insurers often review your public social media accounts. Posts showing physical activity or statements like “feeling better” can be used to argue that your injuries are minor or resolved. It’s best to stay off social media while your claim is pending.
Assigning You Partial Fault
Because New York uses a comparative negligence system, insurers may try to argue that you contributed to the accident. Even a small percentage of fault assigned to you can reduce your compensation. Insurance companies will often dig into the details to find any reason to limit their responsibility.
New York’s Insurance Rules: What You Should Know
New York is a no-fault insurance state, which means your own insurance company pays for your basic medical expenses and lost earnings up to a certain amount, regardless of who caused the accident. This is covered under Personal Injury Protection (PIP).
However, to step outside of the no-fault system and file a lawsuit against the at-fault driver, you must meet New York’s “serious injury” threshold, which includes:
- Significant disfigurement
- Bone fractures
- Permanent limitation of a body organ or member
- Significant limitation of the use of a body function or system
- Substantial disability lasting 90 days or more
Only if you meet this threshold can you pursue compensation for non-economic losses such as pain and suffering. Insurance companies often argue that a victim’s injuries do not meet this threshold. Working with a lawyer who understands how to document and argue serious injury claims is critical.
How a Lawyer Can Help You Fight Back
Facing an insurance company on your own can be overwhelming, especially when you’re injured and under financial stress. An experienced Brooklyn car accident lawyer can level the playing field by:
- Managing all communication with the insurer so you don’t have to worry about saying the wrong thing.
- Reviewing all offers and negotiating for a settlement that reflects the full extent of your injuries and losses.
- Gathering medical records and expert testimony to prove your injuries meet New York’s legal threshold.
- Challenging unfair tactics, including attempts to assign blame or downplay your condition.
- Filing a lawsuit when the insurance company refuses to make a fair offer.
- Keeping you informed so you know what to expect at every stage of your claim.
A skilled lawyer will protect your rights, handle deadlines and legal procedures, and fight for the compensation you deserve—whether through a negotiated settlement or in court.
Key Takeaways
- Insurance companies are not on your side. Their priority is to reduce what they pay. Friendly communication doesn’t mean they have your best interests in mind.
- Fast settlements are rarely fair. Early offers often fall short of what you need to cover long-term costs. Be cautious and consult a lawyer before agreeing to anything.
- Social media can hurt your case. Even innocent posts can be misinterpreted. Stay off social platforms until your claim is resolved.
- Medical care is essential. Immediate and ongoing treatment strengthens your injury claim and ensures your health is taken seriously by insurers.
- New York’s no-fault system has limits. Understanding when and how to pursue a lawsuit beyond PIP coverage is key to recovering full compensation.
- Legal guidance makes a difference. Having a lawyer means you don’t have to face insurance adjusters alone. An experienced lawyer protects your rights, handles negotiations, and prepares your case for court if needed.
Speak With a Brooklyn Car Accident Lawyer at Rubenstein & Rynecki TodayIf you’ve been injured in a car accident, the insurance company is already preparing to protect its interests—you should too. At Rubenstein & Rynecki, we understand how insurers operate and what it takes to fight back. Let our experienced Brooklyn car accident lawyers guide you through the process. Call 718-522-1020 or contact us online for a free consultation. Located in Brooklyn, we serve clients in New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.