When an insurer reaches out within days of an accident, it's usually working to lock in a low value before the full extent of your injury is known. You're generally not required to give the other side's insurer a recorded statement, and a fast settlement often closes your claim for good. Understanding your options before you respond protects you.
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How New York law applies
- You can decline a recorded statement. You're generally not obligated to give the other driver's insurer a recorded statement.
- Early offers are often low and final. Settling before an injury's full extent is known can permanently undervalue the claim.
- Most injury lawyers are contingency-based. Consultations are typically free, and the fee comes only from a recovery.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The at-fault driver's insurer
- Your own insurer (for No-Fault and UM)
- Any employer's insurer (work injuries)
- A premises or contractor insurer
- Your own attorney, if you choose to retain one
Deadlines that matter
Most New York injury lawsuits must be filed within three years of the crash. But if a city bus, the MTA, or another public entity was involved, a Notice of Claim is generally due within 90 days and suit within one year and 90 days. Evidence fades fast, so earlier is always stronger.
What to do now
- Get checked by a doctor right away, even if you feel “okay” — adrenaline hides injuries, and a gap in treatment is the first thing an insurer attacks.
- Open a No-Fault claim with your own auto insurer promptly; the application is generally due within 30 days of the crash.
- Photograph the vehicles, the street, traffic signals, and your injuries, and write down the police report number.
- Get names and numbers for every driver, passenger, and witness before anyone leaves.
- Keep a short daily note of pain, missed work, and out-of-pocket costs.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Giving the other driver's insurer a recorded statement, or accepting a quick settlement, before you know what your claim is worth — early offers are usually low and final.
- Posting about the crash, your injuries, or your activities on social media.
- Letting treatment lapse; insurers read missed appointments as proof you weren't really hurt.
- Assuming you can't be helped because you have no health insurance — No-Fault may cover your bills.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Whether you settle before knowing the injury's extent
- What you say in early statements
- The strength of your documentation
- Available coverage
- Whether deadlines are protected
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
Do I have to give a recorded statement?
Generally not to the other side's insurer. Anything you say can be used to minimize your claim, so it's usually wise to understand your position first.
The offer seems generous. Should I take it?
Be cautious. Early offers often come before the full injury is known and typically end your claim. Have it reviewed before accepting.
What does a lawyer cost?
Most injury lawyers work on contingency — no fee unless they recover for you — and offer free consultations.
What should I do right now?
Avoid recorded statements and broad record releases, keep getting medical care, document everything, and get a quick review of your options.