When Is Determining Fault Necessary?
New York is a no-fault state when it comes to car accidents, but there are still some situations where determining fault is necessary. New York no-fault laws require all automobile insurance policies to provide at least $50,000 in coverage for economic losses like medical expenses and loss of income to anyone injured in a car accident, regardless of fault. However, if you sustain a “serious injury” as defined under New York’s Insurance Law, you can also file a personal injury lawsuit against the at-fault party.
There are many scenarios beyond auto accidents where insurance often comes into play. No matter the circumstances of your case, we can ensure you know your full legal rights and options. Our practice areas include, but are not limited to:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Rideshare accidents
- Construction/labor law accidents
- Product liability
- Wrongful death
- Slip, trip, fall accidents
What Information Do Insurance Adjusters Use to Evaluate Your Claim?
Insurance adjusters use a wide range of information to make their determinations regarding fault, depending on the type of accident you were injured in and the circumstances surrounding it. This may include police reports, witness statements, photos, videos, recorded statements, black box data, and more.
Police Reports
After an accident, the official police report provides valuable and credible evidence about how the accident probably happened, but police officers don’t always get the details of the accident right. The report might not be detailed enough on its own since officers may not have had the time or resources to fully investigate the accident at the scene. Police reports are important in determining fault but are usually not the sole resource insurance companies use.
Witness Statements, Photos, and Videos
After an accident, insurance companies won’t necessarily take your word at face value regarding fault. They’ll likely want to talk to witnesses, including the other driver, passengers, pedestrians, and others who saw the accident first-hand. A determination of fault can also be supported by physical evidence like photos and videos, which provide some of the most reliable and detailed proof of what happened. Insurance adjusters may review photos and videos from you, the other driver, third-party witnesses, and nearby traffic/surveillance cameras.
Recorded Statements
Insurance adjusters sometimes use recorded statements to evaluate claims. Auto liability insurers may ask you for a recorded statement recounting the accident, but you do not have to talk to the other driver’s insurer at all. Consult an attorney before talking to their adjusters, who may try to trap you into admitting fault or contradicting yourself in an effort to reduce or deny your claim.
Anything you say to an insurance representative could be used against you, even a polite apology or saying you didn’t see the other car. Even your social media posts after an accident could be used to try to deny your claim. Hiring independent legal representation can prevent you from accidentally harming your case.
Black Box Data
Large commercial trucks, and certain other vehicles, sometimes have built-in black boxes that record operational data in real-time. In truck accidents, insurance adjusters may use this data to determine fault.
Do Insurance Companies Have the Final Say in Determining Fault in an Accident?
Just because an insurance company makes a decision about fault and liability certainly doesn’t mean they have the final say. Insurers are not the final judges of who’s at fault in personal injury accidents—the governing law ultimately matters most, as determined by a judge and jury. When insurance companies reach a decision, it is really just their opinion – and an often very biased opinion – in support of their settlement offer. You and your attorney always have the right to challenge this opinion, by moving forward with your lawsuit against the wrongdoing party.
Unquestionably, insurance adjusters are highly biased, as they have a strong financial incentive to clear their insureds, and therefore their company and policyholders, of wrongdoing and liability. They save their companies money by denying or minimizing as many claims as possible.
How Can An Attorney Help Fight a Fault Ruling by the Insurance Company?
Of course, you do not have to accept an insurance company’s determination as final. Their conclusions don’t have the force of law and can be disputed and overcome with the right evidence. If they make an assessment against you in your case that you believe is unfair or inaccurate, our attorneys can help you understand your rights and challenge the adjuster’s findings by pursuing a claim in court on your behalf.
Contact Lever & Ecker Today for Help Dealing With Insurers
If you were injured in an accident and are having trouble dealing with insurance companies, contact the personal injury attorneys at Lever & Ecker today. Our award-winning New York lawyers have over 75 years of combined experience and take a hands-on, individualized approach to every case. Reflecting our dedication to helping injury victims and making a difference in their lives, we provide top-tier legal representation and an open line of communication to every client. With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State.
Insurance companies don’t play fair. We’re here to level the playing field. Contact Lever & Ecker today by calling (914) 288-9191 or filling out our online contact form.
