Rochester Car Accidents: What If My Insurance Company Asks Me To Make A Statement?

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Protecting the Rights of Car Accident Victims Across Rochester. If You, or a Loved One, Have Been Asked to Make a Statement About a Car Crash That Was Not Your Fault, Our Experienced Team of Attorneys Could Help Ensure That Your Recovery Stays Safe.

Car accidents can have life-changing consequences. Even for families with comprehensive insurance policies, the costs of recovery can be staggering. Co-pays, deductibles, and time away from work can add up quickly and unexpectedly, forcing victims to contend with the stresses of both intense financial pressure and immense physical pain.

In New York, car crash victims have a legal right to claim compensation. For most survivors, the first point of contact is their own car insurance company. However, insurance companies do not always have victims’ best interests at heart. In many cases, they are more interested in protecting their own profit margins than negotiating a fair settlement.

The Dietrich Law Firm P.C. believes that nobody should have to pay out-of-pocket for an accident that was not their fault. Our experienced team of attorneys has spent decades fighting for the rights of Rochester car accident victims—and we have the results to prove it. Since our founding in 2005, we have helped our clients across the region obtain more than $250 million in damages. We could help you, too. Please send us a message online or call us at 585-939-3939 to speak to an attorney and schedule your 100% free, no-obligation consultation as soon as possible.

New York employs a no-fault insurance system, which requires that every roadworthy vehicle registered with the state Department of Motor Vehicles carry a no-fault insurance policy. After an accident, victims file a claim with their own insurance company, which must typically cover certain collision-related expenses, irrespective of who was found at-fault for the crash.

Every no-fault insurance policy sold in New York should provide, at minimum, the following coverages:

1. Reimbursement for “reasonable and necessary” medical expenses;
2. Replacement of up to 80% lost income, subject to a statutory cap of $2,000 per month, which is payable for up to 3 years;
3. Up to $25 per day for other reasonable and necessary expenses, including the costs of driving to and from medical expenses; and
4. A one-time $2,000 death benefit, payable to a deceased victim’s estate.

New York’s no-fault laws intend to protect all accident victims from the threat of insurmountable medical debt, but no-fault insurance policies have clear-cut limitations. Insurance companies, for instance, will often debate what constitutes a “reasonable and necessary” medical expense. If an underwriter does not approve a physician-recommended treatment, victims may have to pay out-of-pocket for surgery or physical therapy.

However, lawmakers anticipated that some accident victims would need resources beyond those offered by a basic no-fault insurance policy. Under Empire State law, car crash survivors who have suffered serious injuries have a right to file a legal claim against the person or party who caused their injuries. Such claims are typically filed against the at-fault driver and their insurance company.

At any point in the claims process, or in litigation, an accident victim may be approached by an insurance adjuster seeking a recorded statement. You are not obligated to provide an immediate response, nor must you speak to an adjuster without an attorney present. Please call the Dietrich Law Firm P.C. at 585-939-3939 to find out how retaining an experienced car crash attorney could improve your odds of a successful legal recovery.

Accident victims often feel more comfortable providing a recorded statement to their own insurance company than to that of the at-fault driver. However, survivors should always exercise caution whenever they must engage with an adjuster. Even though many adjusters are often empathetic professionals, their loyalty, ultimately, lies with their employer.

Since insurance companies are for-profit businesses, it is rarely—if ever—in their best interest to offer a fair settlement without first trying to minimize their financial liability. Adjusters resort to a wide range of seemingly underhanded tactics when investigating collisions, many of which may seem patently unfair to victims.

Common insurance company negotiation tactics include, but are not limited to, the following:

1. Offering a Low Initial Settlement: If you have a seemingly open-and-close case, the insurance company may offer an initial settlement. This settlement may be sufficient to cover the costs of your out-of-pocket medical expenses. However, it might not account for other damages, such as lost income from work or emotional pain and suffering.
2. Asking for a Recorded Statement: Insurance adjusters usually ask accident victims to provide a recorded statement, sometimes within days of the collision. While the adjuster might try to tell you this is an opportunity to “tell your side of the story,” a recorded statement can be used against you in later negotiations. Simply apologizing for being involved in a crash—even if you did not cause it—could be misconstrued as an admission of fault.
3. Requesting a Medical Records Release: The insurance company may need limited access to your accident-related medical records to verify your injuries and assess your damages. However, it does not need unfettered access to your entire health history. If you sign your records over to the adjuster, they could try to attribute your accident-related injuries to pre-existing conditions, potentially driving down the value of your settlement.

Insurance companies may resort to any of these strategies, or all of them, to minimize their financial liability—even if it means blaming you for the accident, and even if it means depriving you of a fair settlement. However, you do not have to acquiesce to unfair pressure tactics. An experienced Rochester, New York, car crash lawyer could help you build a compelling, evidence-based case for recompense.

The Dietrich Law Firm P.C. is committed to providing unparalleled personal injury service. Our experienced team of attorneys has spent years pushing back against insurance companies. We know what it takes to overcome even the most vigorous defense, whether at the negotiating table or in court. Please message the Dietrich Law Firm P.C. on our website or call us at 585-939-3939 to speak to a Rochester car crash lawyer and schedule your free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!