1. What to Check When an Insurance Adjuster Contacts You
Before discussing the accident, ask which insurer the adjuster represents, which coverage applies, and what response they need. A call about medical benefits may involve different obligations from an interview investigating the other driver’s liability.
Requests from Your Own Insurer
Your policy may require prompt notice and cooperation with the insurer’s investigation. The applicable no-fault insurer may also request records, medical examinations, or an examination under oath.
Do not ignore a request while looking for an attorney. Ask for the request and deadline in writing, preserve the correspondence, and seek clarification promptly. Legal review does not automatically extend a contractual or regulatory deadline.
Requests from the Other Driver’S Insurer
You generally do not owe the other driver’s liability insurer the same contractual cooperation duties you owe your own insurer. A voluntary recorded interview also differs from a subpoena or other formal legal process.
Ask whether the adjuster wants basic accident information, a detailed statement, medical authorization, or settlement approval. If the same insurer covers both vehicles, clarify which claim and capacity the adjuster is handling.
Reporting Facts without Guessing
Provide accurate information you know. If you do not remember a detail, say so rather than estimating speed, distance, or the sequence of impacts.
Describe symptoms without offering a diagnosis or declaring that you have fully recovered before you know. If symptoms develop later, obtain appropriate medical care and record when they began.
2. Review Statements, Medical Authorizations, and Releases
These requests can affect different parts of your claim. A statement records your account, an authorization permits access to information, and a release may end your right to pursue specified claims. Review each request separately.
Recorded Interviews and Examinations under Oath
A recorded interview may capture an incomplete account before you have seen photographs, reviewed the report, or understood your injuries. Ask about the interview’s purpose and whether you can obtain a copy.
An examination under oath is a formal verification procedure that may arise under applicable coverage. Missing a properly requested examination can jeopardize benefits. An attorney can review the demand, requested documents, and scheduling requirements before you respond.
Medical Authorization Scope
Relevant medical records help establish injury severity, treatment, and whether the crash caused or aggravated your condition. Earlier records may matter when the insurer raises a pre-existing injury.
Check the providers, dates, and categories of information covered by an authorization. Ask for clarification if the request reaches well beyond the injuries claimed. Organizing your medical documentation can reveal missing records and help explain changes in symptoms.
Settlement Releases
Check whether the proposed release resolves vehicle damage, bodily injury, or all claims against the named parties. A document accompanying a repair payment may contain broader language than you expect.
Before settling an injury claim, consider ongoing treatment, unresolved symptoms, and potential liens or reimbursement obligations. Once you sign a binding release, later medical findings may not allow you to reopen the claim.
3. Preserve Evidence before Repairs or Deletion
Urgency depends on what could disappear. Footage scheduled for deletion or a vehicle awaiting repair creates a specific reason to act promptly. These evidence problems can arise long before a lawsuit filing deadline.
Video and Vehicle Condition
Save original dashcam files and photographs. Keep an unedited copy, note nearby camera locations, and promptly ask the owner to preserve footage from the relevant period.
If damage patterns or vehicle data may explain the collision, record the storage location and planned repair or disposal date. Discuss inspection arrangements before destructive work begins. Accident reconstruction may help resolve conflicting accounts when physical evidence remains available.
Police Report Errors
Compare the report with your records when it becomes available. Ask the issuing agency about correcting inaccurate identifying information, vehicle details, or the accident location.
An attorney cannot guarantee that an officer will revise a narrative or fault assessment. Photographs, footage, and witness accounts may provide a separate basis to challenge an inaccurate account. Preserve witnesses’ contact details without coaching their recollection.
4. Keep Reporting and Claim Deadlines Separate
“24 hour” describes availability, not a universal deadline to hire a lawyer. Driver reporting, no-fault submissions, and claims against public entities follow different requirements. An insurance claim also does not replace a lawsuit or necessarily preserve its filing deadline.
Driver Reports and No-Fault Submissions
A driver generally must submit the required DMV report within 10 days when a covered crash causes injury, death, or more than $1,000 in damage to any one person’s property. A police report does not replace the driver’s separate reporting obligation.
Eligible no-fault claims generally follow these submission periods:
| Submission | General Deadline |
|---|---|
| Written accident notice | As soon as reasonably practicable, within 30 days after the accident |
| Medical expense proof | Within 45 days after services |
| Lost earnings proof | Within 90 days after the loss |
Written accident notice
- General DeadlineAs soon as reasonably practicable, within 30 days after the accident
Medical expense proof
- General DeadlineWithin 45 days after services
Lost earnings proof
- General DeadlineWithin 90 days after the loss
Late submissions may require written proof providing clear and reasonable justification. Identify the applicable insurer and retain submission confirmations. Do not assume a phone call alone satisfies the written notice requirement.
Public Defendants and Injury Claims
Claims against a city or another public entity may require a notice of claim before suit. A 90-day notice period commonly applies to municipal tort claims, but the defendant’s identity determines the governing procedure. Notifying an insurer does not substitute for serving the required notice.
No-fault benefits and damages against a responsible party also involve different rules. In covered-person motor vehicle actions, Insurance Law § 5104 generally restricts recovery of basic economic loss and requires serious injury for non-economic damages. The serious injury threshold does not govern every possible accident claim.
5. Questions about after-Hours Legal Advice
An interview already completed or an unanswered callback does not eliminate your options. Preserve what has happened, identify outstanding requests, and keep required notices moving while you arrange legal review.
Can a Lawyer Help after I Already Gave a Statement?
Yes. Keep any recording, transcript, emails, and notes about the interview. Identify specific inaccuracies and distinguish them from information you learned afterward.
An attorney can assess whether a clarification is appropriate. A later explanation does not erase the original statement, so accuracy matters more than trying to replace an unfavorable account.
Should I Wait for a Callback before Reporting the Accident?
Do not let a pending callback cause you to miss required notice or reporting. Submit accurate information needed for timely notification, keep confirmation, and address additional requests separately.
For review of a car accident claim, gather the insurer’s correspondence, policy information, accident records, medical records, and any proposed release. Flag an approaching response date, planned vehicle disposal, or footage deletion so the attorney can assess what needs attention first.
02 Apr, 2026
