After an accident, one of the first calls you get is usually from an insurance adjuster asking about what happened. That call can feel routine, but as personal injury attorneys in New York, Cassisi & Cassisi, P.C. has seen how these conversations shape the direction of a claim.
What you say and when you say it may affect how your claim is handled. Because of this, it’s often advisable to first consult a personal injury lawyer in New York. New York law has many nuances, and seeking legal advice before answering an adjuster’s questions may be worth considering.
Discover why you should consult a lawyer before speaking with an insurance adjuster below.
Why Locals Consult a Personal Injury Attorney in New York Before Speaking With an Insurance Adjuster
According to the New York Insurance Association, the industry paid out $39.9 billion in claims to New Yorkers in 2023. Still, an insurance adjuster’s job is to investigate claims on behalf of the insurer, not to look out for people’s interests.
Consulting a personal injury lawyer in New York before these conversations may help you understand what you do and do not have to disclose. New York residents are generally required to report an accident to their own insurer in a timely manner, but that does not equate to immediately providing extensive details. Taking the time to speak with your lawyer before responding to an adjuster can help keep things on track.
The Role of Legal Advice in Insurance Claim Negotiations
Has an insurance adjuster contacted you about settling? It can be difficult to know whether a settlement offer is fair without seeking legal advice. Consulting a personal injury law firm in New York gives you a chance to review the facts and understand the value of your claim.
Negotiations between injured parties and insurance companies may involve early settlement offers that seem reasonable. However, if they do not fully account for your future medical costs, lost earnings, or pain and suffering, your attorney can let you know.
What Are the Primary Risks of Talking to an Insurance Adjuster Without a Lawyer?
Dealing with an insurance adjuster for an injury claim might feel inevitable. However, there are several risks in speaking with these insurance professionals before consulting your legal representative.
One of the common concerns is making an unintentional statement that the company could interpret as an admission of partial fault. In New York, pure comparative negligence rules mean that any degree of fault assigned to you can reduce the amount of compensation you may seek.
Another risk involves giving recorded statements before you fully understand the extent of your injuries. If you describe your condition as minor and it worsens, that earlier statement may be used to challenge your account.
How a Lawyer Protects Your Interests During Claims Discussions and Negotiations
According to the Association of Health Care Journalists’ 2024 New York health insurance coverage guide, approximately 4.8% of New York residents are uninsured. The 2024 Policygenius Climate Change & Homebuying Survey also estimates that 36% of U.S. homeowners had policies dropped between 2021 and 2024 because they filed one or more claims. With all of these possible complications, legal support may be helpful for avoiding common insurance adjuster tactics.
Your personal injury lawyer in New York can communicate with an insurance company on your behalf, as adjusters direct their questions to them rather than speaking directly with you. This arrangement reduces the risk of an off-the-cuff remark being taken out of context, and gives someone with legal knowledge a chance to assess all written communications before you commit to anything. Your personal injury attorney in New York can also help gather medical records, accident reports, witness statements, and other evidence to support your claim.
While there is no reason to assume bad faith on the part of every adjuster, knowing about certain tactics can be useful. For example, commonly noted approaches by adjusters may include:
- Requesting early recorded statements: You may still be dealing with shock, confusion, or incomplete medical information when adjusters request a statement.
- Making hasty settlement offers: You may face pressure to accept an offer before the full scope of your injuries or losses can be known.
- Asking open-ended questions: You may be subject to broadly worded questions that encourage you to volunteer information that was not specifically requested.
- Downplaying injuries: You may hear adjusters suggest that your injuries are less serious than you claim.
A personal injury lawyer in New York can help you recognize these situations and respond thoughtfully rather than reactively. An attorney can also check whether specific legal parameters are being met on the insurer’s end.
Speak With Cassisi & Cassisi, P.C.’s Personal Injury Law Firm in New York
If you are in an accident and likely to hear from an insurance adjuster, consider working with Cassisi & Cassisi, P.C. You may contact the firm at (516) 294-5050 to schedule a consultation with a personal injury lawyer in New York. You may also want to read our guide on understanding New York no-fault auto insurance.
Frequently Asked Questions
Here are some questions people have about avoiding common insurance adjuster tactics with legal support.
Do I Have To Give a Recorded Statement to the Insurance Adjuster?
The type of claim typically determines whether you are required to give a recorded statement in a given timeframe. Your insurer’s policy may require cooperation with the investigation, but you still have the right to consult an attorney beforehand.
What Should I Do Immediately After an Accident?
After an accident, seek medical attention. If possible, you should also document the scene and consult an attorney before speaking with any adjusters.
How Can I Find the Right Personal Injury Lawyer in New York?
The right personal injury lawyer in New York for your case is subjective. Some important factors to consider when choosing an attorney include track record, familiarity with relevant case law, and the ability to negotiate effectively.
