New York is a no-fault state when it comes to car accidents. Essentially, this means that regardless of who is responsible for a collision, the insurance companies of those involved will reimburse them for their damages. However, if you suffer a severe injury that is permanent and life-altering, you may be entitled to file a claim against a negligent party to seek additional compensation for your losses. Determining fault in a car accident can be challenging as those involved are often shell-shocked by the traumatic incident. Overwhelmed by the situation, those involved have trouble remembering the events leading up to the collisions, which can make it difficult to pinpoint who was negligent. To determine fault, insurance companies investigate the facts of the collision. Keep reading to learn how insurance companies determine fault in a car accident. In addition, learn how a determined Westchester County Car Accident Attorney can help you with your legal options moving forward.
How do insurance companies determine who was at fault in a car accident?
After an accident, insurance companies investigate the circumstances of the accident to determine who was at fault. An insurance adjuster works on behalf of the insurance company to evaluate all aspects of a collision to identify who was negligent. Adjusters will review the police report, assess photos of the claimed damage, inspect vehicles involved in the collision, analyze whether any traffic laws were violated, and conduct interviews with the motorists involved and any witnesses.
Should I avoid speaking with an insurance adjuster?
If you were injured in a car accident, you should avoid speaking to an insurance adjuster until you’ve consulted with an attorney. Following a car accident, adjusters will quickly approach you to speak to you before you’ve had the opportunity to understand what your damages may be worth and your potential legal options. They will likely offer you a lowball settlement to resolve the case promptly and minimize the costs the insurance company has to pay out. It is critical to understand that anything you say to an adjuster can be flipped and used against you. An adjuster may seem sympathetic, however, they are not on your side. They want to discredit your claim. In some cases, an adjuster may request that you grant them access to review your medical records. However, you should never give an adjuster permission to review your medical history. An adjuster will try to link any past medical conditions or problems to your injuries. Ultimately, it is in your best interest to refrain from speaking to an insurance adjuster after a car accident.
In the unfortunate event that you or a loved one have been injured in a car accident as a result of negligence, please don’t hesitate to reach out to one of our dedicated and skilled attorneys. Our firm is committed to helping our clients seek monetary compensation for their damages.