With years of experience helping New York City residents, Koenigsberg & Associates Law Offices understands the challenges accident victims face and is here to guide you in avoiding common mistakes that could jeopardize your case.
Leaving the Scene Prematurely
One of the biggest mistakes you can make is leaving the accident scene too soon. In New York, it’s required by law to stay at the scene if there’s property damage, injury, or death. Leaving prematurely can lead to serious legal consequences, including criminal charges, fines, and potential jail time. Additionally, leaving could weaken your case by creating doubt about what happened.
Instead, stay at the scene until you’ve exchanged information with other drivers, documented the accident, and spoken with the police if they are called. Koenigsberg & Associates advises clients to stay calm, assess the situation, and ensure they have all necessary details before leaving. Our attorneys can help guide you through the legal process if you’re unsure about what’s required.
Admitting Fault
It’s natural to want to apologize after an accident, but admitting fault—even indirectly—can harm your claim. Statements like “I’m sorry” or “I didn’t see you” can be used by the other party’s insurance to suggest you were responsible for the accident. In New York, where comparative negligence applies, admitting fault could reduce the compensation you’re eligible to receive.
Our team at Koenigsberg & Associates advises clients to avoid making any statements that could be interpreted as admitting fault. Instead, stick to the facts and let your attorney handle discussions about liability. By working with us, you ensure that your words won’t be used against you in your case.
Failing to Call the Police
Some people may decide not to call the police if the accident seems minor, but this can be a costly mistake. A police report is an official record that documents the accident and can serve as crucial evidence if you decide to file a claim. In New York, a police report is particularly valuable in No-Fault insurance cases, as it provides an unbiased account of the incident.
Even if no one seems injured, call the police and request a report. This can protect you if injuries or property damage become apparent later. Koenigsberg & Associates helps clients navigate the process of obtaining and using police reports to strengthen their claims, ensuring they have the documentation needed to seek compensation.
Failing to Collect Evidence
Gathering evidence immediately after an accident is vital to supporting your case. This includes taking photos of the accident scene, vehicle damage, visible injuries, road conditions, and any other relevant details. In a busy city like New York, where traffic conditions can change quickly, this documentation can make a substantial difference.
Additionally, collecting contact information from witnesses can provide valuable third-party accounts of the incident. At Koenigsberg & Associates, we advise clients on the specific types of evidence needed to build a strong case and assist with gathering additional information if necessary. Evidence like photos and witness statements can be powerful tools in negotiations or court.
Speaking with Insurance Adjusters Without Legal Representation
Insurance adjusters may contact you soon after an accident, often appearing sympathetic and asking for details about the accident and your injuries. However, it’s important to remember that adjusters work for the insurance company, not for you, and their goal is often to minimize the payout. Giving detailed information too soon can harm your case, as adjusters may use your statements to dispute the severity of your injuries or assign fault.
Koenigsberg & Associates advises clients to avoid speaking with adjusters until consulting with a lawyer. Our attorneys manage all communication with insurance companies to prevent adjusters from twisting words or using statements against you. We work to ensure that only necessary and carefully considered information is shared, maximizing the chances of a fair settlement.
Accepting a Quick Settlement Offer
Insurance companies may offer quick settlements after an accident, especially if they believe the claimant is vulnerable or unaware of their rights. While accepting a fast settlement can be tempting, these offers are often much lower than what you’re entitled to receive. Once you accept, you typically waive the right to pursue additional compensation, even if new expenses arise or injuries worsen.
At Koenigsberg & Associates, we advise clients to evaluate all settlement offers carefully. Our attorneys review each offer against the full scope of your damages, including medical bills, lost wages, and potential future expenses. If the initial offer is insufficient, we negotiate with the insurer or pursue litigation to ensure you receive fair compensation.
Not Documenting Pain and Suffering
Pain and suffering damages can be challenging to quantify but are often a significant component of personal injury claims. Physical pain, emotional distress, and disruptions to daily life due to an accident can have lasting impacts. Failing to document these damages may lead to a lower settlement.
Koenigsberg & Associates encourages clients to keep a pain journal, detailing how injuries affect daily activities, mental well-being, and quality of life. This journal can serve as evidence, demonstrating the accident’s broader impact. Our attorneys ensure that pain and suffering are factored into your claim, advocating for compensation that reflects your total experience.
Posting About the Accident on Social Media
In today’s digital world, it’s natural to share life events on social media, but posting about an accident can be a serious mistake. Insurance companies often monitor claimants’ social media profiles, looking for posts that contradict their claims. Even innocent posts can be taken out of context and used to question the severity of your injuries.
Our attorneys advise clients to avoid discussing the accident, injuries, or recovery on social media until their case is resolved. At Koenigsberg & Associates, we protect clients by helping them understand the risks of social media during a claim, ensuring that their actions don’t inadvertently undermine their case.
Not Consulting an Attorney
One of the most critical mistakes accident victims can make is failing to consult an attorney. Navigating insurance claims, understanding New York’s No-Fault laws, and dealing with adjusters can be complex, especially if you’re injured. Without legal representation, you risk receiving less compensation than you deserve or inadvertently harming your case.
Koenigsberg & Associates has decades of experience representing New York City clients in car accident cases. Our attorneys handle every aspect of your claim, from gathering evidence to negotiating with insurers and, if necessary, representing you in court. With our team by your side, you can focus on your recovery while we work to secure the maximum compensation possible.
Frequently Asked Questions
What if I made one of these mistakes already?
If you’ve already made a mistake, don’t panic. Contact Koenigsberg & Associates, and we can evaluate your case, address any issues, and help you move forward. Our team is experienced in mitigating the impact of common errors and can guide you on next steps to protect your claim.
How soon after an accident should I contact an attorney?
We recommend contacting an attorney as soon as possible after an accident. Early legal guidance can prevent costly mistakes and ensure that critical evidence is preserved. Koenigsberg & Associates offers free consultations, so you can understand your options without commitment.
What if the insurance company contacts me directly?
If an insurance adjuster reaches out, it’s best to refer them to your attorney. Our team at Koenigsberg & Associates will handle all communications with the insurer, ensuring that our clients’ rights are protected, and that only relevant, carefully considered information is shared. By letting us handle these interactions, you reduce the risk of saying something that could jeopardize your claim.
Do Not Hesitate to Contact Koenigsberg & Associates Law Offices
From advising you on interacting with insurance companies to helping document your injuries and building a solid case, we handle every aspect of the process. Don’t let common mistakes diminish the compensation you’re entitled to. Contact Koenigsberg & Associates today for a free consultation, and let us guide you through the complexities of your case. With our team on your side, you can focus on recovery, knowing that experienced professionals are working to protect your best interests.
Don’t wait to get the legal help you need. Contact Koenigsberg & Associates today at (718) 690-3132 to schedule your free consultation.
