Skip to content

Oftentimes, after a car accident victims are saddled with both economic and noneconomic damages such as expensive medical bills, lost wages, pain and suffering, mental anguish, and property damage. Victims are legally entitled to file a claim against a negligent party to seek monetary compensation for their damages. However, a victim may make certain mistakes that could jeopardize their legal right to financial compensation for their losses. If you have been injured in a car accident due to negligence, please read on and contact an adept New York City Car Accident Attorney who can help you seek monetary compensation for your economic and noneconomic damages. 

What are some of the most common mistakes victims make when filing a car accident claim?

After a car accident, victims should not do the following:

Leaving the scene of the accident 

Victims need to stay at the scene of the accident for as long as it takes for law enforcement officers to be notified of the accident. Victims must file a police report to document the incident. In addition, if a victim leaves the scene before they’ve had time to take their surroundings into account, they may miss small details about the accident that can help prove fault later on. Victims should also gather any witnesses’ contact information as they can help corroborate their claims, making their case stronger.

Making statements to insurance adjusters

Following a car accident, the negligent parties insurance company will contact the victims to investigate the claim against their policyholder. They may seem sympathetic, however, they are not on the victims’ side. They will offer a lowball settlement before a victim has had a chance to understand the full value of their injuries and damages. They are trying to save the insurance company as much money as possible. Ultimately, their mission is to try to get a victim to make a statement that they can use against them later on to discredit their claim. It is important to speak to an attorney before speaking to an insurance adjuster.

Missing the filing deadline

In New York, victims have three years from the date of the accident to file a claim against a negligent party. They are entitled to file a claim at any point within those three years, however, if they fail to file within this time frame they will be barred from ever doing so in the future. This means they will lose their legal right to recover monetary compensation for their damages.

In the unfortunate event that you or someone you love has been injured in a car accident due to negligence, reach out to one of our skilled and dedicated attorneys. Our experienced attorneys can help ensure you file a claim within the right time frame to seek financial compensation for your damages. Allow our firm to represent your interests in court today!



Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

View More Results

Read Our Latest Blog Posts

How can I prove a property owner was aware of a safety hazard?

In New York, property owners have a legal obligation that requires adherence to a standard of reasonable care to prevent accidents and injuries arising from negligence. Essentially, they must take appropriate measures to discover and fix unsafe property conditions to maintain a safe environment for everyone and anyone on their…

Read More
Who is responsible for injuries caused by dangerous road conditions in New York?

While negligent drivers cause most car accidents, they can also arise due to poor road conditions. In such cases, injuries individuals often wonder who is liable for their injuries. Government entities are responsible for maintaining roads, meaning they must fix hazardous situations to prevent accidents and injuries. Failure to do…

Read More