What should you know before speaking to an insurance company after a car accident?
Quick answer: You are not required to give the other driver’s insurer a recorded statement, and you should not do so before getting advice. Report the crash to your own insurer and file the no-fault application within 30 days, but keep statements factual and avoid speculating about fault or saying you feel fine. Adjusters are trained to secure early admissions and quick low settlements. In New York you have three years to bring an injury claim (CPLR 214(5)), so there is no need to accept a fast offer.
Car accidents are stressful and disorienting, especially when injuries are involved. In the chaos that follows, many people unknowingly say or do things that can hurt their case. One of the most important things to remember is not to admit fault — even something as simple as saying “I’m sorry” can be used against you later. Always seek medical attention, even if you feel fine; many injuries don’t appear until hours or even days later, and medical records are essential for your claim. It’s also crucial to avoid speaking to insurance adjusters without first consulting a lawyer. Insurance companies aim to settle fast and for as little as possible. At Binson Law, we work to ensure our clients are treated fairly and receive the full compensation they deserve — not just what the insurer is willing to offer. If you’ve been injured in a car accident, contact us for a free consultation before you make any decisions.
Does no-fault cover my medical bills after a crash?
Yes. Your own insurer pays up to $50,000 in basic economic loss regardless of who was at fault, with the application generally due within 30 days. To also claim pain and suffering, your injury must meet the serious injury threshold in Insurance Law 5102(d).
What if the insurer says I was partly to blame?
You can still recover. New York applies pure comparative negligence (CPLR 1411), so your award is reduced by your share of fault rather than denied. Insurers regularly overstate that share.
How long do I have to file?
Three years from the crash for injury claims (CPLR 214(5)), two years for wrongful death (EPTL 5-4.1), and generally only 90 days to serve a notice of claim if a city vehicle or MTA bus was involved (General Municipal Law 50-e).
Deadlines and legal rules summarised here have exceptions. Confirm the dates and rules that apply to your own case with an attorney rather than relying on a general summary.
See our car accident lawyer NYC page, or our personal injury attorney New York page.