How to Avoid Early Damage to Your Car Accident Claim

How to Avoid Early Damage to Your Car Accident Claim
Calendar icon December 8, 2023
How to Avoid Early Damage to Your Car Accident Claim


  • Seek medical attention promptly if you were involved in a car accident, even if your injuries seem minor, to establish a credible record of your car accident injuries.
  • Don’t take responsibility for a car accident by apologizing to the other driver.
  • Restrict your account. Be cautious when communicating with insurance companies, providing only objective facts and refraining from and always speaking with a personal injury attorney before agreeing to a premature settlement offer.
  • If you miss the deadline to file your personal injury claim in New York, you may irreparably diminish your prospects of securing a car accident settlement.
  • Sharing information about your car accident on social media can give insurance companies the evidence they need to reduce the value of your claim.

As the plaintiff, your job is to avoid the common mistakes that can unintentionally undermine your New York car accident claim, resulting in a lower settlement. An experienced personal injury lawyer can help you maintain your car accident claim’s credibility so you have the opportunity to pursue maximum compensation for your damages.

At Cellino Law, our car accident attorneys have considerable expertise in ensuring that our clients remain eligible for the full value of their losses, such as medical bills, lost wages, and emotional distress. For legal advice about protecting your New York car accident claim, reach out to our team at (888) 888-8888 or complete our online contact form to schedule a free consultation.

Don’t Compromise the Integrity of Your Car Accident Claim by Delaying Medical Care

If first responders are at the car accident scene, make sure to accept medical attention from them. They are trained to assess car accident injuries and determine if further treatment is required. If you are still experiencing unresolved issues after treatment or didn’t receive an evaluation at the scene, go to the doctor as soon as you can after the car accident

Sometimes, common car accident injuries like whiplash don’t present themselves immediately or appear less severe than they actually are, so medical attention is essential. You also need a record that you sought treatment to refute any accusation that you exaggerated your injuries or left them untreated in order to recover more compensation for your damages.

Apologizing For a Crash Could Jeopardize Your Car Accident Claim

After a collision, many people find themselves apologizing to the other driver either out of habit or because they believe they caused the crash. However, giving an apology at the scene of a car accident can be taken as an admission of fault. The insurance company will use this to argue that you were the negligent party, limiting your ability to recover full compensation under New York law.

Even though you may think you are at fault for the collision, let a qualified personal injury attorney make that determination based on the findings of their investigation. Remember, you do not have all of the facts yet. There are often confounding variables at play that you may be unaware of, which can influence who is liable for the auto accident.

Be Cautious When Speaking to Insurance Companies About Your Car Accident Claim

As a general rule, you don’t want to offer an insurance company anything more than objective facts when describing your car accident. This applies to your insurance carrier, as well as the other driver’s provider. It’s not a good idea to offer opinions about whether your car is totaled, how serious your injuries are, or who you think was responsible for causing the crash. 

Any information you provide is fair game, and it can be used to contradict later discoveries that support your position. You may be contacted by the other driver’s insurance carrier with a settlement offer, which you should not accept. It is almost certainly lower than what your car accident claim is actually worth, but they’re counting on you being unaware or in a hurry.

Keep Track of Critical Deadlines for Your New York Car Accident Claim

As the plaintiff in a car accident claim, you have three years from the date of the auto accident to file your personal injury claim. The New York statute of limitations begins the day you were injured, in most cases. If you are trying to file a wrongful death claim on behalf of a deceased loved one’s estate, you need to do so within two years. Be mindful of this deadline as you consider legal action because you are likely ineligible to recover compensation after it passes.

Remember, you still need time to find the best car accident lawyer and time for them to compile your claim. Once you hire a personal injury attorney to represent you, they will take over the responsibility of ensuring deadlines are met. In the meantime, don’t give an insurance company or the courts any justification to deny your car accident claim.

Limit What You Post On Social Media to Avoid Risking Your Car Accident Claim

Do not talk about the details of your car accident on any social media platform, as this can be used as evidence to show that you were partially or completely at fault. An insurance company may misconstrue your statements to downplay the severity of your injuries, suggest your actions contributed to the collision, or make you appear unreliable.

For example, say you posted a picture of your arm in a sling with a caption that reads, “I’m grateful my injuries weren’t serious.” New York has a legal serious injury threshold that must be met for a party to pursue compensation, which your innocuous comment appears to disqualify you from meeting. Try to refrain from posting about your case until your claim is completely resolved.

New Yorkers Trust Cellino Law to Negotiate Their Car Accident Claims

At Cellino Law, we are proud to offer prospective clients access to testimonials given by clients we have represented. Their endorsements verify that our client-centered approach is effective in terms of case results as well as overall experience. Our track record of client satisfaction dates back over six decades, and we continue to strive for outstanding settlement outcomes with each new client we support.

Contact Cellino Law About Your New York Car Accident Claim

Even if you have had to file a car accident claim before, no two cases are identical. The personal injury attorneys of Cellino Law are prepared to address the nuances of your car accident claim to ensure that you are receiving the maximum compensation for your damages.

Our team can help protect your right to seek compensation in a car accident claim by managing communications with the insurance company, conducting a thorough investigation of the car accident, and compiling compelling evidence to support your case. Call us at (888) 888-8888 or complete our online contact form to schedule a free consultation.

Frequently Asked Questions

Is a car accident claim different from a car accident lawsuit?

Although the terms are often used interchangeably, car accident claims are requests for compensation submitted to an insurance company. If an injured party and an insurance company can not come to an agreement about who is liable or what the plaintiff’s damages are worth, the claim may become a car accident lawsuit that is resolved in court.

What role does comparative negligence play in a New York car accident claim?

Comparative negligence becomes a factor in a car accident claim when the injured party is also partially responsible for the crash. The principle of comparative negligence allows them to recover compensation for their damages minus a portion of the settlement. The amount of negligence they contributed is converted into a percentage, and that percentage of their settlement is withheld.

What can I do if my previous car accident attorney damaged my claim?

Depending on the situation, your prior car accident lawyer’s actions may constitute legal malpractice. If they didn’t fulfill their professional obligations, such as meeting deadlines, conducting a thorough discovery, or knowing the law, you may be able to file a claim based on their negligence. If this is successful, you may have grounds to appeal the dismissal of your car accident claim with new legal representation.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



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