If you’ve been hurt in a car crash, you might assume the insurance company will fairly compensate you. However, insurers are businesses, and they often seek ways to minimize their obligations. Avoiding common mistakes can help ensure you recover the maximum amount for your injuries and losses.
At Rubenstein & Rynecki, our Brooklyn car accident lawyers help injured New Yorkers fight against unfair insurance tactics and recover the compensation they deserve. Here are the top mistakes to avoid if you want to get the most money from your car accident insurance claim.
Mistake 1: Failing to Report the Accident Right Away
Always call the police after an accident, regardless of how minor it may seem. A police report provides official documentation of what happened. In New York, you must also file a no-fault (PIP) claim with your insurance company within 30 days to receive coverage for medical bills and lost wages. Delays can lead to denied claims.
Mistake 2: Delaying Medical Treatment
Even if you feel okay, injuries like whiplash, soft tissue damage, or concussions can take time to show symptoms. If you wait too long to see a doctor, the insurance company may claim your injuries weren’t serious or weren’t caused by the crash.
Seek immediate care, follow your doctor’s instructions, and keep all medical records and bills to support your claim.
Mistake 3: Not Documenting the Accident Thoroughly
The more evidence you gather, the stronger your case. Be sure to:
- Take photos of the scene, vehicles, and visible injuries.
- Get contact information for witnesses.
- Keep records of all expenses related to the crash.
- Save pay stubs or employer notes showing time missed from work.
This documentation is essential when calculating the value of your claim and proving your losses.
Mistake 4: Accepting a Quick Settlement
Insurance companies often make early settlement offers that are far below what your case is truly worth. Accepting money too soon can prevent you from recovering additional compensation for future medical expenses, pain and suffering, or lost earning capacity. You should never settle until you’ve reached maximum medical improvement (MMI) or consulted a personal injury lawyer.
Mistake 5: Speaking Too Freely With Insurance Adjusters
Insurance adjusters are trained to protect their employer’s bottom line. Anything you say—whether in a recorded statement or casual conversation—can be used against you. Avoid speculating about the accident or downplaying your injuries.
Instead, let your Brooklyn car accident lawyer handle all communication with insurers.
Mistake 6: Overlooking Third-Party Compensation
New York’s no-fault insurance covers up to $50,000 in medical and lost wage expenses, regardless of fault. But for serious injuries, you may be entitled to pursue a third-party claim against the at-fault driver for damages like:
- Pain and suffering
- Future medical care
- Loss of earning capacity
An experienced lawyer can determine whether your injuries meet New York’s “serious injury” threshold—and help you recover more than just no-fault benefits.
Step 6: Common Factors That May Delay a Car Accident Claim
Several issues can cause delays in your Brooklyn car accident case, including but not limited to:
- Ongoing Medical Treatment: We may wait until you reach maximum medical improvement (MMI) to calculate full damages.
- Disputes Over Liability: If fault is unclear or contested, the investigation takes longer.
- Missing Documents: Delays in obtaining records can slow the claim.
- Multiple Vehicles or Parties: Crashes involving rideshares, commercial vehicles, or government entities are more complex.
- Insurance Company Tactics: Delays are common when insurers fail to respond or make lowball offers.
- Court Backlogs: If your case goes to trial, New York court congestion can lead to scheduling delays.
Your lawyer will keep your case moving forward while handling these challenges.
Mistake 7: Trying to Handle It Alone
Filing a claim without legal help may leave you vulnerable to delays, denials, or lowball offers. At Rubenstein & Rynecki, we fight to make sure your rights are protected.
How a Brooklyn Car Accident Lawyer Can Help You Maximize Your Claim
Navigating an insurance claim on your own can be overwhelming, especially when you’re recovering from an injury. Insurance companies often employ delay tactics, use vague policies, and make lowball offers to minimize payouts. Working with an experienced Brooklyn car accident lawyer can level the playing field.
At Rubenstein & Rynecki, our lawyers help injury victims by:
- Investigating the crash thoroughly. We gather police reports, witness statements, photos, and video footage to build a strong case.
- Calculating all damages. This includes current and future medical expenses, lost wages, property damage, and non-economic losses, such as pain and suffering.
- Handling all insurance communications. We prevent you from saying anything that could jeopardize your claim and ensure insurers don’t delay or underpay.
- Negotiating aggressively on your behalf. Our reputation as trial-ready lawyers pushes insurance companies to offer fair settlements.
- Filing a lawsuit if needed. If negotiations fail, we’re fully prepared to take your case to court and present it before a jury.
When a seasoned legal team represents you, you’re more likely to receive the maximum compensation you’re entitled to, not just the first amount the insurer offers.
Key Takeaways
- Act quickly after a crash: report the accident, seek medical care, and file your no-fault claim on time.
- Document everything—from photos and witness information to expenses and lost income.
- Don’t settle too soon; wait until your medical treatment is complete or you’ve spoken to a lawyer.
- Be cautious with insurers and avoid giving statements without legal advice.
- You may qualify for more than no-fault coverage if your injuries are serious.
- Legal help matters—working with a lawyer increases your chances of getting maximum compensation.
Get the Legal Support You Need to Maximize Your Claim: Contact Our Brooklyn Car Accident Lawyers at Rubenstein & RyneckiIf you’ve been injured in a car accident, contact our Brooklyn car accident lawyers at Rubenstein & Rynecki today. We’ve recovered millions for our clients, and we know how to effectively navigate challenging insurance companies. 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.