Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
After a NYC accident, expect calls within 48–72 hours from multiple adjusters: your own no-fault carrier, the at-fault driver's insurer, and possibly subrogation departments. Each has different motivations, and how you handle each call directly affects your recovery.
This guide applies to New York State law.
Here's how to handle each adjuster call after a NYC accident:
- Your own insurer (no-fault PIP): You have real cooperation duties here. File the NF-2 within 30 days, provide medical bills, and respond to reasonable verification requests under the no-fault regulations (11 NYCRR § 65-1.1). Ask an attorney before agreeing to a recorded or sworn statement.
- At-fault driver's insurer: This is the insurer you generally do not have to speak with. New York law does not require you to give them a statement. You can decline politely and refer them to your attorney.
- Subrogation/health insurance carrier: They may be entitled to lien information after settlement; defer to your attorney.
- Once you have an attorney: insurers generally communicate through your attorney rather than contacting you directly. Tell any adjuster who calls that you are represented and give them your attorney's contact information.
Quick Answer: Source Index2◎ 1 GOV§ 1 LAWclaim-level sources
NY DFS Consumer ComplaintsNY DFS Consumer Complaints✓ Official (source-only)
NY Insurance Law Art. 51NY Insurance Law Art. 51✓ Official (source-only)
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What You're Experiencing
Multiple adjusters from different companies are calling you, sometimes daily. They want recorded statements, settlement discussions, or 'just to check in.' You're feeling overwhelmed and unsure who you have to talk to.
What This Likely Means
- If your own insurer is calling → They need cooperation for your no-fault PIP claim (legitimate)
- If the at-fault driver's insurer is calling → They have no legal claim to your time; politely decline
- If a subrogation department is calling → They want to recover what your health insurance paid out
- If the calls feel high-pressure → That's the playbook; insurers settle cheaper before victims understand the no-fault system
Your Options
You Can Do This
- •Send a written notice that all communication should go through your attorney
- •Document every adjuster call: date, time, name, claim number, what was discussed
- •Cooperate reasonably with your own insurer (PIP), provide medical bills, keep records
- •You can decline recorded statement requests from the opposing insurer; New York law does not require them
Attorney Handles
- •Becomes the single point of contact for all insurer communication
- •Negotiates timing and form of any required statements
- •Files DFS complaints if the adjuster is engaging in bad-faith tactics
- •Coordinates with multiple insurers to maximize recovery
Avoid Doing This
- •Inconsistent accounts given to different adjusters are compared and used to dispute the claim. One consistent, documented account protects you.
- •Social media posts about the accident or your physical activity are routinely collected by insurers and used to dispute injuries. Most attorneys advise not posting at all.
- •Settlement offers made before your medical prognosis is complete exclude future care by definition. Attorneys advise waiting for the full picture.
- •Signed documents are binding even when the deadline pressure was artificial. Attorneys advise legal review before signing anything from an insurer.
What This Typically Costs
NYC PI attorneys typically work on contingency, no fee unless you recover. The fee is usually 1/3 of the settlement amount.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
If the adjuster is calling many times a week → Document every call (date, time, name). An attorney can take over contact so the calls stop.
- 2
If they're threatening claim denial for declining a recorded statement → File DFS complaint.
- 3
If they're offering a 'final' settlement before maximum medical improvement (MMI, the point where your recovery has stabilized) → You can decline. Premature settlements are a common way victims get underpaid.
A consultation is information, not a commitment. Free consultations are standard at New York personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| NF-2 cooperation duty (own insurer) | Reasonable cooperation; written acceptable | statuteNY Insurance Law Art. 51 |
| Duty to opposing insurer | None | case lawNY common law |
Common Mistakes to Avoid
- 1
Mistake #1: Answering every adjuster call to be 'helpful.'
Adjusters log every call and every comment. The more conversations you have, the more material they have to dispute your claim.
- 2
Mistake #2: Confusing your own insurer with the opposing insurer.
They have different rights to information. Your own insurer needs basic claim cooperation; the opposing insurer is essentially the defense team's investigative arm.
- 3
Mistake #3: Discussing the accident in social media posts after adjuster contact.
Adjusters routinely review claimants' social media for inconsistent statements, photos showing physical activity, or comments minimizing the crash.
Frequently Asked Questions
Can I just stop answering the adjuster's calls?▼
If it's the at-fault driver's insurer, yes, you have no obligation to speak with them. If it's your own insurer (for the no-fault claim), refusing all communication can affect your PIP claim. Better practice: respond once in writing stating that all communication should go through your attorney.
What if the adjuster threatens to deny my claim?▼
Adjusters cannot legally deny a claim solely because you refused a recorded statement. If your own insurer threatens denial for inadequate cooperation, document the threat in writing and consult an attorney immediately. NY DFS at dfs.ny.gov accepts complaints about bad-faith claims handling.
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Sources & Citations
This guide applies to New York State law.
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