Insurance Settlement Disputes | O'Connor and Partners

For many people, dealing with an insurance company after a car accident can be almost as stressful as the accident itself. While you would like to rely on insurance adjusters to do the right thing, you may rightfully have concerns that your best interests are not their top priority. As your claim progresses, your concerns may become magnified, and when your adjuster tells you how much the insurance company is going to pay, you may feel dismayed by how little you will recover for your losses. 

Is this the end of the line? Fortunately, it is not. 

If you disagree with your insurance adjuster after a car accident, you do not simply have to accept his or her determination of liability. Instead, you can – and should – dispute the outcome of your claim. Your claim is not over when an adjuster informs you of his or her decision. Your next steps will depend on both (a) what has happened with your claim to date, and (b) how long it has been since you received your adjuster’s determination.

At O’Connor & Partners, PLLC, we know the tactics used by insurance compaines to delay, devalue, and outright deny legitimate claims. Our experienced attorneys have the skill and resources necessary to stand up to big insurers. We understand the challenges you face, and will work tirelessly to pursue the maximum compensation you need to get back on track.  

If You Have Just Received a Letter or Email from Your Insurance Adjuster

If you have just received a letter or email from your insurance adjuster, your next steps are the same regardless of whether your adjuster offered less than you think you are owed or your adjuster denied your claim in its entirety. 

At this point, the best thing you can do for yourself is to contact an attorney promptly. Your lawyer will need to review the available evidence and your insurance policy, and then he or she will be able to advise you as to whether you are entitled to additional compensation. If you are, your lawyer can communicate with your insurance adjuster directly and work to reverse or modify the adjuster’s determination before any formal steps are taken. 

If It Has Been a While Since Your Insurance Adjuster’s Determination 

If it has been a while since your insurance adjuster informed you of his or her decision, you should still contact a lawyer, and your lawyer will need to assess what options you have available. It may still be possible for your attorney to communicate directly with your adjuster; or, your lawyer may need to take other action based on the current status of your claim. Depending on the circumstances presented, this could involve hiring an independent appraiser to dispute your adjuster’s determination, or it could involve taking legal action against your insurance company. 

There are deadlines involved in seeking insurance coverage after a car accident in New York, and it is extremely important that you not wait too long. In order to give yourself the best chance of recovering your losses, you should contact a lawyer right away. 

5 Steps to Take If You Disagree with Your Insurance Adjuster After a Car Accident

In addition to contacting a lawyer for help, there are some additional steps you can take if you disagree with your insurance adjuster after a car accident. These include: 

1. Review Your Auto Insurance Policy 

First, you should review your auto insurance policy to make sure you know what coverage is available to you. You will also want to try to make sure you have done everything necessary in order to preserve your right to coverage. 

2. Gather All Records Pertaining to Your Claim 

Spend an hour or so collecting all of the records you have that pertain to your insurance claim. This includes all letters, emails, direct messages, and other communications. 

3. Make Sure You Have Provided All Necessary Information 

Once you have gathered all records pertaining to your claim, go back over the communications you received from your insurance adjuster. This won’t be fun, but it will be important. Did you provide all information that your adjuster needed in order to assess your claim? Or, is it possible that you failed to provide information that your adjuster needed in order to make an accurate determination? 

4. Collect Your Medical Records 

In addition to gathering your insurance claim records, you will want to collect your medical records as well. These records will be crucial to determining how much you can recover for your losses. 

5. Learn More About Your Insurance Claim

New York’s car insurance laws are unique, and many people have misconceptions about their legal rights after a collision. To make sure you have a clear understanding of your rights, you should familiarize yourself with the laws that apply

Talk to a New York Car Accident Lawyer about Your Insurance Claim

Are you concerned that your insurance company isn’t offering a fair settlement? If you are, you should speak with a lawyer promptly. To discuss your claim with one of our New York car accident lawyers in confidence, call 845-303-8777 or request a free consultation online now. Our attorneys serve clients in Kingston, Poughkeepsie, Newburgh, and other areas of New York.


by O'Connor & Partners, PLLC
Published on

Posted in: Car Accidents