If you are involved in an accident in New York, the law requires you to stop at the scene and exchange relevant details with the other driver who was involved in the crash. You will have to provide your name, address, license information, and insurance details to them and also obtain the same details from them. However, it’s vital to realize that saying anything more than this, or arguing about the accident, or making any kind of a statement can cause more harm than good.
Is a Statement Necessary After a New York Car Accident?
Under the laws of New York, there is no clause that says you have to give any type of statement to anyone following your car accident. When a police officer arrives at the scene of the accident and asks you to describe what happened, you must simply report the events as they unfolded from your viewpoint.
However, there is no need to make any kind of recorded statement or enter into a discussion or argument. It’s paramount to understand that anything you say at such times may be used by the other party to undermine your personal injury claim claim later in the process.
Reasons to Avoid Giving Recorded Statements to Insurers
If the other party’s insurance provider asks you for a recorded or unrecorded statement after the accident, you are under no obligation to provide it. Giving a statement to such entities may actually damage your case since anything you say at that time may be used by them to discredit your claims or to reduce the amount you receive in compensation. There is nothing they can do if you refuse to give a statement, so it is wise to stay silent.
Here are 7 reasons to avoid providing recorded statements to the other party’s insurance company in New York:
When you say nothing to an insurance company representative, there is nothing that they can use against you. To that extent, you can ensure that you have not contributed any information that benefits the other party to defend against your New York City personal injury claim.
Will Your Insurance Company Want a Statement From You?
When you report the accident to your insurance company, they will want you to provide detailed information about the incident. In most cases, insurance companies just collect oral reports to understand what happened during the accident, and they are not likely to request a recorded statement.
Check if your insurance policy has a clause that requires the insured person to provide a statement before their claim can be settled. If yes, your insurer may insist that you provide a recorded statement. In situations of this kind, keep your statement as brief as possible, stating just the minimum amount of information requested.
Before you provide it, though, ask for clear information regarding why they require this statement, what they plan to do with it, and who else the statement may get shared with. This will help you plan what information to include and what to leave out of your statement.
Tips on Protecting Your Rights When Dealing with NYC Insurance Companies
If there are circumstances in which you have no alternative to giving a statement after your NYC auto accident and personal injury, keep the following tips in mind.
Get Advice from a Top-Rated Personal Injury Lawyer in New York
Soon after your accident, it is vital that you contact a committed and accomplished personal injury attorney in NYC to discuss your case. This consultation can help you decide the merits of your case, and give you a clear picture of what to expect during a negotiation with the insurance company of the party at fault. You can also get information that will help you decide if you stand to benefit from refusing the insurance company’s settlement and pursuing your case to a court trial.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our car accident personal injury lawyers have decades of experience with how insurance companies operate. Whether you choose to undertake negotiation with them or to let your case go to trial, we will work to secure your interests and ensure you get the maximum benefit to which you are legally entitled.
Make sure you get in touch with us before you speak to any insurance company, including your own, and we will guide you about what to say and what not to say to an insurance adjuster. To know more about how we can help you, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online for a free and confidential consultation.
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