Car accidents are a common cause of personal injury claim in New York. Numerous crashes occur each day and can cause a variety of extensive damages. Many people suffer car accidents because of other drivers’ negligence. Accordingly, it is crucial for them to recover the compensation they deserve.
Unfortunately, there are certain circumstances where crash victims’ claims are improperly denied by their own insurance company. We know dealing with insurance companies can be stressful. Our New York car accident lawyers can ease your stress by fighting the insurance companies on your behalf.
If your insurer has refused to pay your car accident claim, get help from experienced Westchester car accident lawyers by calling The Martello Law Firm at (914) 685-6950 for a free case review.
When to Sue an Insurance Company After a Car Accident in New York
There are multiple situations where you may sue your own insurance company after a car accident in New York. If you have uninsured motorist coverage on your policy, then your insurance company should step in any pay for damages caused by uninsured drivers. Furthermore, this same coverage can apply to damages stemming from a hit and run committed by an unknown culprit. Insurance companies may be held liable for wrongfully denying a claim made by a policyholder with uninsured motorist coverage.
Additionally, your own insurance company may be obligated to step in if an at-fault driver does not have enough insurance coverage to pay for your damages. Our Yonkers car accident lawyers can help fight for compensation if your insurance company improperly denied your claim.
When a Car Accident Claim’s Denial is Unreasonable in New York
Insurance companies must uphold their responsibilities to their policyholders. Unfortunately, insurance companies will often unfairly dispute claims in attempts to save money. Car accident victims who have had their claims unreasonably denied by their insurance company may be able to file a bad faith insurance claim against their insurer. The following actions can constitute bad faith on behalf of an insurance company:
- Refusing to pay a claim without valid reasoning
- Requiring policyholders to undergo an unreasonable process in providing information for their claim
- Failing to properly investigate a claim within a reasonable timeframe
- Failing to process a claim in a timely manner
Illegitimate claim denials can be devastating for car accident victims. Accordingly, our Mount Vernon car accident lawyers can help claimants recover the compensation they deserve.
How to Protect an Insurance Claim After a Car Accident in New York
There are certain steps you can take to protect your interests in a car accident claim. Unfortunately, insurance companies may attempt to deny the compensation you are owed. The following may benefit you when disputing an unreasonable denial.
Tending to any medical emergencies is the first priority after a car accident. By calling 911, a dispatcher will be able to send emergency services for anyone who needs medical attention.
Furthermore, a police officer will visit the scene and draft a report. A police report can help prove you were not at fault for an accident. Additionally, some insurance policies may require that you obtain a police report after a crash.
Exchange Information with Other Drivers and Witnesses
If possible, car accident victims should collect contact information from all parties to the accident. This information includes names, addresses, phone numbers, email addresses, and license plate numbers. If the other driver is insured, their insurance information should also be collected. The aforementioned information can be beneficial when filing a claim.
Furthermore, contact information for any witnesses to a car accident should be collected. Witness testimony can be valuable when proving whom was responsible for an accident.
Document the Scene of the Accident
It can also be beneficial for claimants to document the scene of a car accident with photos and videos if possible. Documenting the scene will help establish the extent of property damage suffered by a policyholder. Additionally, photo documentation can also prove circumstances surrounding an accident such as weather and road conditions.
Notify Your Insurance Company Immediately
Different insurance companies may have varying deadlines for filing a claim. Waiting to file an insurance claim could result in its denial. Therefore, you should notify your insurance company as soon as possible after an accident. Our White Plains personal injury lawyers can provide assistance when notifying your insurance company of a crash.
Seek Medical Treatment
You should also avoid delaying medical treatment for injuries sustained because of an accident. First, for the sake of your wellbeing, injuries should not be left to worsen after a crash. Furthermore, a physician should document any injuries that you are seeking compensation for.
Insurance companies may also use delays in treatment to avoid paying the full value of your claim. Our Yonkers personal injury attorneys can help refer proper treatment after car crashes in New York.
Keep a Record of the Accident
It is also beneficial to maintain a record of your accident. Items such as medical bills, repair estimates, and accident reports can all help your claim. Furthermore, you should document all communications with your insurance company and all other communications related to your accident.
Do Not Admit Fault
Insurance companies will look for any excuse to deny compensation. Accordingly, there are also certain actions victims may take after an accident that could hurt their claim. It can be difficult to keep your composure after a crash. It is natural to apologize after an accident, even when it was not your fault. However, these statements may be construed as admissions of fault. It is important to avoid making any statements that can be construed as admissions of fault after a car accident in New York.
If Your Insurance Company Denied Your Car Accident Claim, Our Lawyers Can Help
If your insurance company unreasonably denied you benefits you should be afforded under your policy, get help from experienced Westchester personal injury lawyers by calling The Martello Law Firm at (914) 685-6950 for a free case review.