After being injured in an accident, the hope is that you’ll receive a fair settlement from an insurance company. But winning a settlement isn’t easy.
When You Should Call a Lawyer
You should contact a lawyer as soon as possible after an accident. You’re going to have to deal with the insurance claim process. This can be tough. Insurance companies aren’t looking out for your best interest. By having an attorney on your side, you have someone protecting your privacy, explaining your options, and fighting to win the maximum compensation.
Review Your Insurance Coverage After an Accident
Always review your own insurance coverage. This is especially important after a car crash. New York is a no-fault state, and you’re required to carry Personal Injury Protection (PIP) insurance. You should review the benefits that your own coverage provides. You also should review any additional policies you pay for, such as collision, comprehensive, or uninsured/underinsured motorist insurance.
Give Your Insurance Company Prompt Notice
Most insurance companies require prompt notice of an accident or occurrence that would lead to a claim. You’re expected to give notice as soon as is practicable. If you fail to tell your insurer for days or weeks, without a good reason for the delay, it could deny your claim for coverage.
How to Handle a Call from an Insurance Company
You’ll probably receive a call from the other person’s insurance company. This is common, but you should know how to handle it. The best thing to do is remain calm and direct the insurance adjuster to your attorney.
Don’t Answer an Insurer’s Questions Right After an Accident
You don’t want to have a conversation with the insurance company right away. In the hours following a traumatic event, you’re stressed, scared, confused, and possibly in shock. It’s not the time to discuss a claim. Give notice to your insurer, which you might be able to do online or through an app, but don’t try to answer questions or give a statement.
You Aren’t Required to Talk with the Other Person’s Insurer
You’re never obligated to communicate with the other person’s insurance company. You can communicate entirely through your insurance company and your lawyer.
How to Respond When Asked for a Statement
If your insurer or the other person’s insurance company asks for a statement regarding the crash, tell them you aren’t prepared to give a statement. Ask for the person’s name, their contact information, and any next steps you should be aware of. You should not provide an impromptu statement over the phone or agree to provide a statement in person. Always talk with your lawyer first.
How to Tell the Insurance Company “No”
If an insurance company contacts you right away with questions, it’s reasonable to say, “I’m not prepared to talk about the accident and my injuries yet. I’ll follow up after receiving medical care.” If you plan to get legal advice, you also can say you’ll follow up after speaking with a lawyer.
What Not to Say to an Insurance Company
It’s best to defer an insurance adjuster’s questions to your lawyer. But if you choose to answer any questions, keep your answers brief and factual. When talking with an insurer, remain as objective as possible.
- Never offer an opinion about who was at fault for the accident.
- Never take responsibility for the accident, admit doubt regarding what happened, or apologize.
- Never guess at something related to the accident.
- Don’t downplay your injuries.
- Don’t offer any opinions about your injuries.
- Never verbally accept a settlement offer without talking to a lawyer first.
- Don’t give out other people’s names or contact information, including relatives, friends, witnesses to the accident, or your doctors.
Don’t Sign Any Paperwork from the Insurance Company
You might receive various forms form the insurance company. Don’t sign anything without talking to a lawyer first. One form might be a medical release. If you signed it and returned it to the insurer, it would give the company access to your full medical history. This is unnecessary. Let us handle getting the appropriate medical records to the insurer. Other forms might be liability waivers or settlement offers.
Giving a Statement to an Insurance Company
After talking with your lawyer, you might agree to give a statement over the phone or in person. This interview isn’t an interrogation, but it’s important to prepare. Your attorney will talk with you about the types of questions to expect and how to answer them.
Always stick to the facts and never guess at something. If you don’t remember something, say that. The insurer might ask for the statement to be recorded. You can say no. You’re under no obligation to agree to a recorded interview.
Common questions include:
- Where did the accident happen?
- What direction were you driving?
- When did the accident happen?
- Who was involved in the accident?
- What type of car were you driving?
- How many cars were involved in the collision?
- Did you have any passengers at the time of the collision?
- Who do you think caused the collision?
- Did you hear or see anything that helped you determine who was at fault?
- Was the vehicle damaged?
- What type of repairs were needed, or was the vehicle deemed a loss?
- Were you hurt in the accident?
- Were you treated by paramedics or taken to the hospital?
- What injuries did you sustain in the accident?
- Were you wearing a seatbelt at the time?
- What was the weather like at the time of the accident?
- Did you file a police report about the accident?
Was Your Insurance Claim Denied?
A common issue after an accident is an insurance claim denial. If you receive a letter saying your claim has been denied, call a lawyer immediately. This might not be the end of your claim. Insurance companies have administrative processes for appealing a denied claim. Also, an attorney can represent you in filing a personal injury lawsuit.
Insurance companies deny first- and third-party claims for many reasons, including:
- A lapsed policy due to unpaid premiums
- The vehicle or driver wasn’t covered under the policy
- A personal vehicle was being used for a business purpose
- Lack of or late notification
- Failure to receive immediate medical care
- The policyholder was at fault (for a third-party liability claim)
- The claim is allegedly fraudulent
- Lack of medical records establishing an injury
- A pre-existing condition
Is Your Insurance Company Not Handling the Claim Properly?
If you think an insurance company isn’t handling your claim well, call a lawyer right away. Your insurance company has contractual duties to you based on your policy. It also has a legal duty to act in good faith. If your insurance company acts unfairly or unlawfully, a lawyer needs to step in. You might have a claim against the insurer based on a breach of contract for bad faith.
If the other person’s insurer acts unfairly, a lawyer can step in to hold the insurer responsible for its conduct. Filing a personal injury lawsuit often incentivizes an insurer to take your claim seriously and uphold the law.
Insurance company red flags can be: Your insurer not returning phone calls or emails, not fully investigating your claim, asking for the same documents repeatedly, sending you to different adjusters and departments often, quickly denying your claim, or not sending you the agreed-upon payout.
Let Us Handle the Insurance Claim Process
You might think dealing with insurance after an accident should be straightforward. But it rarely is. Insurance companies are looking out for their bottom line. They benefit from being able to deny a claim or limit the payout. It’s best for you to have someone on your side. A personal injury attorney from Hecht, Kleeger & Damashek, P.C., will fight for you to receive the maximum insurance settlement possible for your injuries.
To schedule your free case review, get in touch with us through our online form or by calling (212) 490-5700.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
lisa kessler, HKD CLIENT
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
Emily Weinstein, HKD CLIENT
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
5
Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
peggy lamarre, HKD CLIENT
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT