From the initial shock of the accident to managing medical bills and lost income, dealing with the insurance company after a car accident may seem overwhelming.
Don’t try to tackle this on your own.
Insurance companies often attempt to settle claims quickly and at a low cost. Unfortunately, these tactics can leave accident victims with less compensation than they deserve, especially if they’re left handling ongoing medical bills or financial losses.
Many accident victims feel pressured to accept the insurance company's initial offer or handle the claim on their own. However, an experienced car accident attorney at William Mattar Law Offices can make all the difference in securing fair compensation.
Table of contents
- Why You Shouldn’t Handle the Insurance Claim Alone
- Tactics Insurance Companies Use to Undervalue Claims
- Future Damages and Why They Matter
- Handling Complex Injury Cases with Multiple Liable Parties
- How Personal Injury Lawyers Build a Strong Car Accident Claim
- How New York Laws Impact Your Personal Injury Claim
- How Attorneys Help Uncover Additional Sources of Compensation
- Choose William Mattar Law Offices to Battle the Insurance Company and Protect Your Rights
Why You Shouldn’t Handle the Insurance Claim Alone
Insurance adjusters often seem friendly and concerned about your well-being. They may ask questions about your injuries, medical treatment, or accident details in a seemingly harmless way.
However, they want to minimize the insurance company’s payout. Without realizing it, accident victims may say things that could harm their claims, giving insurers reasons to deny or undervalue the compensation they need.
Insurance companies also request recorded statements, which they may later use against you. Anything you say in these statements can be twisted to downplay the severity of your injuries or shift blame.
Even if you’re confident in your understanding of the process, it’s easy to overlook the fine print of your insurance policy or make a statement that jeopardizes your claim.
A car accident lawyer knows how to protect you from these pitfalls. By handling communication with the insurer on your behalf, they can prevent you from inadvertently weakening your claim.
Tactics Insurance Companies Use to Undervalue Claims
Insurance companies are businesses whose primary goal is to protect their profits.
A personal injury lawyer from William Mattar Law Offices with experience handling car accident cases understands insurance companies' tactics to avoid paying the full compensation owed and will ensure you don’t fall victim to them.
Here are some common strategies our lawyers see insurers use to reduce payouts for accident claims:
- Quick Lowball Offers: Insurance adjusters may make a quick offer, hoping you’ll accept without consulting a lawyer. This offer is often far lower than the full value of your claim, covering only immediate expenses without considering future damages.
- Minimizing Injuries: Insurers may downplay the extent of your injuries or argue they’re unrelated to the accident. They may request extensive medical records, searching for anything that could indicate a pre-existing condition to argue that your injuries aren’t as serious as you claim.
- Delaying the Process: Some insurers will drag out the claims process, hoping you’ll become frustrated and accept a lower settlement just to resolve the case. This is especially burdensome if you face mounting bills and need compensation urgently.
- Attempting to Shift Blame: New York follows a comparative negligence rule, meaning your compensation can be reduced if you’re found partially at fault for the accident. Insurers may try to argue you were at least partly responsible so they can lower your payout.
An experienced attorney will anticipate these tactics and know how to counter them. They will help collect evidence to support your case, document your injuries, and build a strong claim to demand fair compensation.
Future Damages and Why They Matter
When you’re recovering from an accident, it can be difficult to predict all the ways your injuries will affect you long-term. Future damages include ongoing medical treatments, physical therapy, and lost earning potential.
Unfortunately, insurance companies rarely account for these factors, and victims who accept an early settlement may struggle to pay for future medical expenses related to their injuries.
A personal injury lawyer understands the full impact of a serious injury and will work to include future damages in the settlement.
This may include:
- Long-Term Medical Care: Costs associated with continued treatment, physical therapy, and potential surgeries.
- Loss of Earning Capacity: If your injuries prevent you from returning to work or restrict your earning potential, an attorney will help calculate the compensation you need to compensate for lost wages over time.
- Emotional Distress and Quality of Life: An accident can affect you mentally and emotionally, impacting your quality of life. A skilled lawyer will include non-economic damages to address these effects.
By factoring in both immediate and future damages, a lawyer can negotiate for a settlement that truly addresses the full scope of your injury. Without an attorney, you may overlook these critical components, leaving you vulnerable to future financial strain.
Handling Complex Injury Cases with Multiple Liable Parties
In some car accidents, determining who is responsible for the damages is not straightforward. These complex cases involve multiple parties, each potentially sharing a portion of the liability for the accident.
In these cases, enlist an attorney experienced in handling auto accident cases.
Multi-party liability claims require thorough investigation, strategic negotiation, and a clear understanding of each party’s role in the accident. Working with an experienced attorney can make all the difference in these cases, as they know how to identify all potential sources of compensation and the skills to hold each party accountable.
Multi-party liability can arise in various scenarios, including:
Commercial Vehicle Accidents
When a commercial truck or company vehicle is involved in an accident, multiple parties may be liable beyond the driver. The driver may bear responsibility for reckless driving, but the company employing the driver could also be liable for negligent hiring or failing to enforce safety standards.
In some cases, the vehicle's maintenance team or the cargo loaders may also be accountable if issues with vehicle maintenance or improper loading contributed to the accident.
Accidents Involving Vehicle Manufacturers
Defective vehicle parts, such as faulty brakes, airbags, or tires, can cause serious accidents. When a defective party contributes to an accident, the vehicle or parts manufacturer may share liability.
For instance, if a defective airbag fails to deploy or deploys unexpectedly, causing harm, the airbag manufacturer may be liable alongside other at-fault drivers.
Rideshare Accidents
Rideshare accidents introduce further complications, as the driver, the rideshare company, and even other drivers may share liability. Rideshare companies typically carry insurance policies to cover accidents involving their drivers, but determining whether the driver was on duty at the time of the accident can affect who is responsible.
An attorney can sort through the details to hold all liable parties accountable.
Accidents on Dangerous Roadways
Poor road conditions or inadequate signage may sometimes contribute to an accident. In this case, the local government agency responsible for maintaining the road may be partially liable for failing to address hazards. Government entities can create unique legal requirements and time limits for filing claims.
Employer Liability in Company Car Accidents
When an employee is involved in an accident while driving a company car, both the driver and the employer could be liable.
You can hold employers responsible if the employee acted within the scope of their employment at the time of the accident. This extends the potential for compensation to the company’s insurance policy, which may provide higher coverage than a typical individual’s policy.
Complex injury cases with multiple liable parties require experience, meticulous investigation, and strategic negotiation. An attorney skilled in handling multi-party claims can identify all sources of liability, pursue compensation from each party, and ensure that no potential avenue for recovery is overlooked.
By managing these complex cases, accident victims can focus on healing while protecting their rights and interests.
How Personal Injury Lawyers Build a Strong Car Accident Claim
A strong personal injury claim requires detailed documentation and strategic preparation.
Here’s how an attorney at William Mattar Law Offices will build your case to fight for fair compensation:
- Gathering Evidence: Attorneys collect police reports, witness statements, accident reconstruction analyses, and any other relevant evidence to understand how the accident occurred and identify all parties involved. In cases involving commercial vehicles, this might also include obtaining records of vehicle maintenance, driver logs, and company safety policies.
- Documenting Injuries: Medical records prove the extent of your injuries. An attorney may work with medical professionals to evaluate your condition and obtain expert testimony if necessary.
- Calculating Damages: Your lawyer will calculate the full value of your claim, including both economic and non-economic damages, to present a well-documented demand for compensation.
- Negotiating with Insurers: Insurance companies are often more cooperative when they see a well-prepared legal team. Knowing that your attorney is ready to take the case to trial if necessary can encourage insurers to settle fairly.
- Filing a Lawsuit if Needed: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit on your behalf. Going to court may be the best option to secure the compensation you need.
- Consulting Experts: In complex cases, attorneys may work with accident reconstruction experts, forensic analysts, and industry specialists to clarify the roles that various parties played in the accident. For instance, in vehicle defects cases, an automotive engineer may be consulted to determine whether a part malfunctioned due to manufacturing issues.
- Examining Insurance Policies: Multi-party claims often involve multiple insurance policies with various limits and coverage types. An attorney will review the policies of all involved parties to understand the available compensation sources and how they can be accessed.
- Identifying Third-Party Liability: An attorney looks beyond the immediate parties involved in the accident to determine if third parties might share liability. By identifying all potential sources of compensation, the attorney maximizes the client’s chances of securing a full and fair settlement.
How New York Laws Impact Your Personal Injury Claim
Understanding the specific laws that apply to car accident claims in New York is an important part of the process. Working with a local lawyer who understands state laws can give you a significant advantage in insurance negotiations.
Here are some key factors that could affect your case:
- Statute of Limitations: In New York, you generally have three years from the accident date to file a personal injury lawsuit. Missing this deadline could bar you from seeking compensation, so consult a lawyer promptly. A lawyer can ensure your case is filed on time and meets all procedural requirements. Every case is unique. Some cases have shorter time limitations.
- Proving Damages: New York law requires detailed evidence to prove the extent of your damages, including medical bills, lost wages, and non-economic damages. Working with an attorney who can substantiate these damages can significantly improve your claim's outcome.
An attorney with experience in New York personal injury law can navigate these legal intricacies, helping you build a strong claim that meets all legal requirements and maximizes your compensation.
How Attorneys Help Uncover Additional Sources of Compensation
Many people assume that their insurance will cover all the costs associated with their injuries and losses when pursuing a car accident claim. However, every insurance policy has limits—the maximum amounts the insurer will pay for a claim.
These policy limits can significantly impact an accident victim's compensation, especially when the damages exceed what the policy covers. A lawyer who knows about these limits and how to address them can make a major difference in how much compensation a victim recovers.
When policy limits fall short, experienced car accident attorneys can often uncover alternative sources of compensation. Here’s how they help bridge the gap:
Examining Underinsured Motorist Coverage (UIM)
In cases where the at-fault driver’s policy doesn’t fully cover the victim’s losses, underinsured motorist (UIM) coverage on the victim’s own policy can help make up the difference.
New York drivers can add UIM to their insurance policies, which can cover excess damages if the other driver’s insurance isn’t sufficient. A lawyer can review the victim’s own policy to see if this coverage is available and help file the claim accordingly.
Exploring Other Insurance Policies
Multiple insurance policies may apply to an accident. For instance, the company’s insurance may have higher policy limits if the at-fault driver was in a commercial vehicle.
Additionally, a lawyer can explore whether any corporate insurance policies apply if the accident occurred during a rideshare trip or involved other business-related vehicles. Identifying additional policies can expand the potential compensation available.
Investigating Umbrella Policies
Some drivers carry umbrella insurance policies, which provides additional liability coverage beyond standard policy limits. These policies are often unknown to accident victims but may provide substantial additional compensation. A lawyer can investigate if such a policy exists and, if so, help pursue a claim against it.
In New York, where insurance requirements are complex, and accidents can lead to severe financial strain, seeking guidance from a knowledgeable lawyer can help protect your right to full and fair compensation.
Understanding your options is the first step toward securing the resources you need to recover fully and move forward after an accident.
Choose William Mattar Law Offices to Battle the Insurance Company and Protect Your Rights
The process of dealing with insurance companies after a car accident can be exhausting and overwhelming. With William Mattar Law Offices on your side, you’ll have a dedicated legal team ready to fight for your rights and pursue the full compensation you deserve.
Our attorneys have extensive experience negotiating with insurance companies, understanding the specific tactics they use, and anticipating ways they might try to minimize your payout.
Don’t let an insurance company decide what your injuries are worth. Call William Mattar Law Offices today for a free consultation. Contact us to learn more about how we can help protect your rights and secure the compensation you deserve.
With offices across New York, we’re just a phone call away. Let us handle the insurance company while you focus on your recovery.
Call our main office in Williamsville, NY, at (716) 444-4444 or contact us online anytime, 24/7. We can serve clients throughout New York, including Buffalo, Rochester, Syracuse, Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City.