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  • Writer's pictureLeitner Varughese Warywoda

How to Protect Your Right to File a Car Accident Claim

man and woman at car crash scene

If you were seriously hurt in a car crash through no fault of your own, you may have grounds for legal action. That doesn’t mean you’re always going to be eligible for compensation, though.

If you fail to take certain steps—or if you make certain missteps—in the days or weeks following the wreck, it could seriously hurt your chances of securing a payout. Read on to learn about some of the most important “dos and don’ts” for protecting your right to compensation after getting hurt in a car accident:

1. Do Lay Low on Social Media

The insurance adjuster will undoubtedly try to monitor your online activity, so hold off on seeking support from the followers on your favorite platforms. In fact, it’s wise to stay off social media altogether until your claim has been resolved. At the end of the day, there’s no way to stop the opposing party from taking even the most seemingly innocuous content and spinning it, so they can justify challenging your credibility.

2. Don’t Give a Premature Recorded Statement

When the insurance adjuster asks for a recorded statement—and you can be sure they will—it’s best to refrain from giving one. Speaking on what happened or how it’s impacted your life prematurely could essentially pigeonhole your claim and either limit the total available compensation or even prohibit a payout altogether.

3. Do Document All Your Economic Losses Diligently

New York is one of a handful of states that takes a no-fault approach to assigning liability for car accident damages. That means victims are expected to cover their own losses unless they meet the state’s serious injury threshold.

In order to bypass the no-fault system and hold the responsible party financially accountable, you must be able to prove that you incurred at least $50,000 in basic economic losses or that you suffered one of the following:

· Dismemberment;

· Significant disfigurement;

· A fracture;

· Loss of a fetus;

· The permanent loss or limitation of use of a body organ, member, function, or system; or

· At least 90 days of disability in the 180 consecutive days immediately following the accident.

4. Don’t Accept Fault Before Completing Your Own Investigation

The opposing party may try to convince you to accept some portion of blame. Even if you think you contributed to the crash, you should not admit as much to the insurance adjuster. Instead, wait for your legal team to conclude their investigation. Then, you and your attorney can determine how best to proceed together based on their findings.

Call 855-585-2969 to Discuss Your Case with a New York Car Accident Attorney

If your life was turned upside-down by a reckless driver, you deserve justice, and the tenacious team at Leitner Varughese can help you seek it. We have secured more than $150 million for our clients in personal injury and wrongful death actions.

Call 855-585-2969 or submit the Contact Form on our website to schedule a free initial consultation with a car accident lawyer in New York. Our attorneys represent clients in New York City, Long Island, and throughout the rest of New York state.


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