Category Archives: Insurance

Articles about insurance covering accidents and injuries caused by an accident, including what you need to know, how to file a claim if you don’t have a lawyer, time limits to file a claim, and more.

What Happens When You Withdraw an Insurance Claim?

There are many different types of insurance claims against many different types of insurance, and this article cannot address what happens when you withdraw an insurance claim for all types of insurance claims, policies, and facts. But will in general discuss what happens when you withdraw an insurance claim and what you should know.

First, we’ll look at what happens before you can withdraw an insurance claim and who can withdraw an insurance claim.

Personal injury claim - How to withdraw an insurance claim

How Is an Insurance Claim Filed?

As soon as you call your insurance company or agent to report a potential claim, the insurance claim is made and a claim number will be generated.

TIP: If you don’t get a claim number when you call, make sure to follow up within a day to get the claim number. We advise people to obtain an insurance claim number because it is your proof that the claim was filed.

Who Can File an Insurance Claim?

  • An insured can file an insurance claim.
  • Anyone who suffered a loss because of an insured can also file an insurance claim against the insured’s policy without the permission of the insured.

When Can You Withdraw an Insurance Claim?

The most common time that an insured wants to withdraw an insurance claim is very soon after the claim is reported. Soon after a claim is reported, the insurance company will probably not have done much to investigate the claim and no money will have been paid.

If the insurance company has investigated the claim, it will likely still be on your record and can affect your premium even if you withdraw your claim and no money was paid to you. However, it is possible that it will not affect your premium if no money was paid to you.

If the insurance company has paid money to you, it may be possible to withdraw the insurance claim but you would have to pay the money back and your premium would likely go up anyway.

How Can I Find Out if an Insurance Claim Will Affect My Premium?

You will never be able to determine in advance whether an insurance claim will affect your premium because only the insurance company underwriters can answer that question and different insurance companies use different guidelines to determine risk and premium.

The only way to find out if an insurance claim will affect your premium is when you get the first premium invoice after you file your claim or after the claim has been closed.

Filing an insurance claim will not necessarily increase your premium. Even if your insurance company pays money for a claim, your premium will not necessarily increase.

My father fell in my house and was injured when he tripped on a toolbox left on the step in my garage. I called a friend of mine who is a personal injury lawyer for trip and fall accidents and told him to call my father and sue me. My insurance company settled and paid $60,000. But my insurance company never increased my premium and I still use the same insurance company.

Who Can Withdraw an Insurance Claim?

Only the person who filed an insurance claim can withdraw an insurance claim.

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Can You Withdraw an Insurance Claim?

If you filed an insurance claim for an accident or incident in which you are the only person who could benefit from the claim and no one else has filed a claim, you can withdraw an insurance claim.

Examples of When You Can Withdraw an Insurance Claim

  • You reported to your insurance company that your roof leaked but then found out it was minor damage that you did not want to claim. This happened in my house. I had a leak from ice damming and it damaged the walls in my living room and family room but I found someone to repair the damage for only $600 so I did not want to make an insurance claim.
  • Someone hit your new car in a parking lot and you called your insurance company to report someone hit your car. After you went to your body shop, you found that it was only going to cost you $600 to repair and you don’t want to make a claim for $600.

I don’t report auto damage claims on my car unless it’s $3,000 or more or if anyone may have been injured. You should always report an accident if anyone was in any car involved in the accident. If you came out of a store to find that someone hit your parked car, you do not need to file a claim if you don’t think the cost of repair is enough to justify making a claim.

When Can’t You Withdraw an Insurance Claim?

  • If anyone else filed the claim, you cannot withdraw the insurance claim.
  • Some insurance claims are regulated by New York State law such as a No-fault insurance claim. New York State law states that No-fault insurance is primary. Therefore, you cannot withdraw a No-fault insurance claim because you want to submit medical bills to your health insurance or Medicare instead.
  • If you fraudulently file an insurance claim, you have already committed a crime even if you are able to withdraw it. Even if you withdraw the claim, the insurance company’s SIU (Special Investigative Unit) may still investigate and report it to the police.

Note: If someone else was injured or suffered property damage, that person, company, or government agency can file an insurance claim against your policy, without your permission, and you cannot withdraw the insurance claim.

For instance, if you had a car accident and the other driver files a claim against your insurance for either personal injury or property damage, you cannot withdraw the insurance claim even if you believe it was the fault of the other driver, that the other driver wasn’t injured, and there was no damage to the other driver’s car.

What is Insurance Fraud?

The National Association of Insurance Commissioners provides the following definition of insurance fraud, “Insurance fraud occurs when an insurance company, agent, adjuster or consumer commits a deliberate deception in order to obtain an illegitimate gain. It can occur during the process of buying, using, selling, or underwriting insurance.” It should be noted that the term “using” includes filing an insurance claim.

Should I Withdraw an Insurance Claim?

Probably not, once it has already been filed. There are substantial benefits that you receive when you file an insurance claim. Once an insurance claim is filed, it’s already on your record so if the insurance claim would have increased your premium, it will likely increase anyway even if you withdraw your insurance claim.

What Benefits Do You Get When an Insurance Claim is Filed?

Some of the valuable benefits you will get when you file an insurance claim are the following:

  • Free claims handling by a professional insurance claims representative who is trained to spot fraudulent claims and minimize your financial exposure.
  • Free legal representation by an insurance claim defense lawyer.
  • Indemnification – If a claimant is entitled to be paid, your insurance company will pay the claim so you don’t have to.
  • If you’re the claimant, it is likely that you will receive more money than a premium increase will cost you. Additionally, it should be noted that your premium may not increase just because you filed a claim.
  • Usually, the money you receive from an insurance claim is not taxable.

What Are the Reasons I Would Want to Withdraw an Insurance Claim?

  • To prevent a premium increase.
  • You are concerned that you may be committing insurance fraud.

What Happens When You Withdraw an Insurance Claim

  • Your insurance company will not send you a check to reimburse you for your loss.
  • Your accident or incident will stay on your insurance record.
  • It’s possible that your insurance company may increase your insurance premium anyway.
  • You will not receive free claims handling
  • You will not receive free legal representation
  • You will not receive

How Do You Withdraw an Insurance Claim?

You can cancel or withdraw an insurance claim by calling your insurance broker or insurance company.

NOTE: One of the many advantages of buying insurance from an insurance broker is that you may be able to cancel an insurance claim without it affecting your premium if it’s still early and you call your insurance broker to cancel.

You may be able to withdraw an insurance claim even if you already received the money if you return the check or the money to your insurance company but you will have to find out from your insurance company if you will be allowed to do that.

How Do You Find Out What Insurance Claims Are On Your Record?

Once you file an insurance claim, it goes on your record. But it doesn’t just go on your record at your insurance company. It will go on your insurance record that is available to all insurance companies on an insurance claims report that is similar to a credit report. See how to find out what claims are on your insurance claims report.

Can You Withdraw an Insurance Claim Against Someone Else’s Insurance?

Yes. There are three reasons you may want to withdraw an insurance claim you filed against someone else’s insurance policy:

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
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How to Use an Insurance App-5 Things to Know & 3 Mistakes to Avoid

I get a lot of people asking how to use an insurance app, whether it’s the Allstate, GEICO, Progressive, or another car insurance app.

But before you use a car insurance app, you need to find out the pros and cons of an insurance app, what to do when using it, whether you even want to use it at all, and what alternatives there are.

How to use an insurance app at a car dealer

Why You Shouldn’t Use an Insurance App to Buy Insurance or File a Claim

You’re not an insurance agent and not even an expert on car insurance. You probably don’t even know very much about car insurance. When you use a car insurance app or auto insurance app to buy insurance, you’ll be guessing what you need.

People often make costly mistakes when purchasing insurance directly from an insurance company like GEICO or Progressive. But when using an insurance app it’s even easier to make a mistake.

Find out why you should never use an insurance app to file a claim or upload damage photos.

What Kind of Mistakes Can You Make When Using a Car Insurance App?

We have seen people who thought they purchased collision, fire, and theft coverage when they had not.

People Who Thought They Bought Collision, Fire, and Theft Coverage

We have had several clients in motorcycle accidents who made costly mistakes when they purchased motorcycle insurance on an insurance app. They all purchased brand new motorcycles with a bank loan. When their brand new motorcycles were totaled in the accidents, they found out they had no collision coverage. They owed the bank a lot of money for their brand new motorcycles which were totaled.

People Who Thought They Bought Underinsured and Uninsured Coverage

We have also seen people who thought they purchased underinsured and uninsured coverage when they had not. Later, when they were injured by someone who had minimum insurance coverage, they found out they couldn’t get the amount of money they should have. See what injuries are worth.

People Who Failed to Buy Additional PIP or No-Fault Coverage

Another costly mistake that is easy to make on an insurance app is not buying additional PIP or no-fault coverage. When you’re admitted to a hospital, your bills can easily be $35,000 to $150,000. If you don’t have enough PIP or no-fault coverage, you can have numerous problems.

Why Do People Make Mistakes When Using a Car Insurance App?

When you call a car insurance company directly to buy auto insurance, the person you’re speaking to on the phone can answer your questions and even give you advice.

However, a salesperson is not an insurance agent. Salespeople are not required to give you advice and are not qualified to give advice.

When you use a car insurance app you will likely go through it quickly clicking off what you think you need and not realizing what mistakes you may have made.

Calling an insurance company directly is better than using a car insurance app but not the best idea either.

What Is the Best Alternative to Using a Car Insurance App?

The worst way to buy insurance is by using a car insurance app.

The second worst way to buy car insurance is to call an insurance company directly.

The best way to buy car insurance is to call an independent insurance agent. Calling an insurance agent for a company like Allstate or State Farm is okay but you should avoid calling an insurance company directly. Companies like GEICO and Progressive have call centers where you will only speak with a salesperson.

So How Do You Use an Insurance App?

Don’t! Unfortunately, we can’t tell you how to use an insurance app because they are all different and, besides, we recommend that you avoid mistakes when buying insurance with an insurance app and call an independent insurance agent.

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You might also be interested in reading:

Should I Use An Insurance Estimate App To Send a Photo of My Car Damage?
Do’s & Don’ts of what you should do after a car accident
Do I have to notify my insurance company when I have an accident but there was very little damage to my car?
See how you can get screwed by your insurance company when replacing a windshield on a leased car.
See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a question about How to Use an Insurance App? Leave a comment!

Should I Talk to the Insurance Company or Give a Statement?

No. Never give a statement or speak with an insurance company insuring the vehicle that hit you. The claims representative is your adversary and wants to get information to deny your claim.

Should I Report an Accident to My Own Insurance Company?

You should but if you were injured it’s better to call a personal injury lawyer before speaking with your own insurance company. Your personal injury lawyer can report the accident to your insurance company as well as the other insurance company for you.

If you were not injured, you can report the accident to your insurance company.

What Should I Say to the Insurance Company About My Accident?

This is what to say if you get a call from an insurance company:

  • If you have a voicemail from any insurance company, don’t return the call. Call an attorney.
  • If you accidentally answer the call, say, “I don’t want to say anything until I speak with a lawyer” and hang up.
  • If you accidentally answer the call and you have a lawyer, just say “Please call my lawyer at… and give the lawyer’s phone number.

Should I talk to the insurance company? These insurance representatives are asking me for a statement.

Should I talk to the insurance company? These insurance representatives are asking me for a statement.

If I Just Talk to the Insurance Company, Is That a Statement?

Yes. Insurance companies record all conversations. When you speak with an insurance company representative, you are giving a statement. It may not be as formal as when they ask for a statement but your conversation may hurt your case.

What’s the difference between speaking with an insurance representative and a statement? When the insurance company asks for a statement, they will ask you a lot of questions about the accident and your injury.

If I Already Gave a Statement, Do I Still Have a Case?

Yes. If you had a car accident in New York or another type of accident in New York and already gave one or more statements, we still want to represent you!

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Founding Partner Attorney Rob PlevyCall New York’s HURT911® Personal Injury Dream Team™ right now for your free consultation!

We’ll call you back within minutes!
1-800-487-8911

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click to chat button to get your free consultation right now

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We Will Not Allow an Insurance Company to Get a Statement From You

We will immediately contact all insurance companies to advise we represent you and that they are not allowed to contact you. Once we do that, no insurance company can contact you without our permission.

We do not allow our clients to give statements to any insurance company that is not your insurance company.

We will prepare you before you give a statement to your own insurance company. We can also request your insurance company to send written questions to us which we can review before submitting.

What Will Happen if I Talk to an Insurance Company?

At best, speaking with an insurance company claims representative will make it more difficult to settle your case early on for full value and can delay your case by 12-24 months. At worst, it may substantially devalue your case or even make it worthless. This is just one of the many reasons why it’s best to call a lawyer immediately after your accident.

Don’t forget, anytime you speak with an insurance representative, you are being recorded and your statement can be used against you. The insurance representative is not on your side and is trying to get information to protect the insurance company.

Many clients have called us days, weeks, or even months after an accident and after they gave a statement to the insurance company claims representative. Some clients have even had multiple conversations with the claims representative.

  • Usually, when clients gave statements, their cases just took longer because the statement made it more difficult to obtain a fair settlement.
  • In some cases, the insurance company refused to settle because of a statement and the case had to go to trial.
  • In a few cases, clients significantly damaged their personal injury case.

The Insurance Company and Defendant’s Lawyer Will Use Your Statement to Make It Look Like You Are Lying

If you give a statement to an insurance company, they will have one more statement to compare. If your case goes to court, you will give two more statements. You will have to testify at a deposition and you may have to testify at trial.

By comparing three different statements, years apart, it’s easy to find small discrepancies to make it look like you’re lying or exaggerating when you’re really telling the truth.

Even if your statement doesn’t provide any damaging information, a good attorney will use your statement to find discrepancies and twist your words to make it sound like you’re not telling the truth.

Your Statement May Include Damaging Information

We have clients who made statements about how the accident occurred not realizing that they gave information to the insurance company that they can use to defend the claim.

Sometimes clients think they know what to say to prove someone else was at fault. But that never works out well. They often make statements that do the opposite. Even a personal injury lawyer should never give a statement in his or her own case.

You May Say Things During Your Statement About Your Injury That Prevents an Early Settlement

We also have clients who made statements about their injuries which prevented an early settlement.

One of our clients complained about broken ribs but didn’t mention a concussion when he tried to settle the case himself. He spoke with an insurance representative several times for months but was never able to settle his case.

Finally, he called us. We knew his broken ribs are worth a lot of money but his concussion was worth a lot more. But the insurance representative said he sounded fine and didn’t believe he had a brain injury so we made a 3-D color video of the hospital CT scan showing the bleeding in his brain.

Because he spoke with an insurance representative the insurance company offered $150,000 to settle and we had to take the case to trial. The jury gave $1,000,000.

When You Talk with an Insurance Representative They May Think You’re Not Injured

Often the insurance claims representative tells us, “your client said he wasn’t really hurt” or “your client never mentioned he hurt his shoulder”.

Later, when the pain from an injury doesn’t go away or becomes worse, we get a call. Now, the insurance claims representative may think we’re trying to create injuries that don’t exist and refuse to make a reasonable settlement offer. This can force us to start a lawsuit that can add years to your case.

So this doesn’t happen to you, it’s important to understand why you might not be aware of all your injuries after an accident.

Why You May Not Know About Your Injury After an Accident

Some injuries are not immediately obvious because the pain from one injury distracts from other injuries.

For instance, the pain from a broken rib can mask the pain from a knee injury with a torn ligament. Months later when the rib pain subsides, the pain from the torn ligament becomes a problem. Months after that, your doctor says you need surgery for the torn ligament.

Often, people just don’t realize they were seriously hurt until weeks or even months after the accident. Many clients thought they just sprained a knee or shoulder and thought it would go away but when the pain doesn’t go away and they get an MRI months later, they find out that it wasn’t a sprain but a ligament tear requiring surgery.

Symptoms from a lifelong brain injury caused by a concussion are often noticed months after an accident and are not recognized as having been caused by the accident. For instance, someone may notice they have become forgetful, irritable, or have difficulty sleeping but not realize why.

Unfortunately, emergency room doctors are only concerned with keeping patients alive and never refer patients to appropriate medical specialists for follow-up unless they see a broken bone in the hospital. But even broken bones frequently aren’t seen in the hospital.

How Are Insurance Companies Trained to Take Statements?

Insurance company claims representatives are trained to get the information from you that they need to deny or minimize your claim. They have detailed manuals with questions and depending upon your answers, more questions to obtain the information they want.

Think of giving a statement as volunteering for an interrogation.

Just talking to an insurance company is like giving an insurance statement in this room looking like a dungeon

Picture yourself giving a statement here

Additionally, claims representatives are often trained on what to say to persuade you not to call a lawyer. They don’t want you to speak to a lawyer because they want to have an advantage over you and they don’t want you to know what your injury is really worth. If you don’t call a lawyer, they may be able to settle with you for $40,000 when your injury is really worth $400,000.

After Allstate’s training manual got out, Allstate sought an order from a federal court in New York to keep it secret. The training manual instructs adjusters on what to say to stop injury claimants from calling a lawyer.

See more answers to FAQs

comments button for Should I Give a Statement to the Insurance Company?

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Have a Question About Should I Give a Statement to the Insurance Company? Leave a Comment!

Can I Accept Insurance Settlement Offer for Collision Damage to My Car?

If your car was damaged and the accident was the fault of another driver, you may have filed a claim against that driver’s insurance company, and the insurance company may offer to pay you for the damage to your car. The insurance company may require that you sign a release before they send you a check.

Q. Can you accept an insurance settlement offer for collision damage and deposit the insurance check?

A. If you were not injured you can sign a release that only releases claims for property damage and not bodily injury. If you are represented by a lawyer for the accident, do not sign a release without speaking to your lawyer. If you were injured do not sign a release and call a personal injury lawyer immediately.

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Founding Partner Attorney Rob PlevyCall New York’s HURT911® Personal Injury Dream Team™ right now for your free consultation!

We’ll call you back within minutes!
1-800-487-8911

Call to get your Free Consultation Right Now button

click to chat button to get your free consultation right now

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Can I Negotiate With the Other Driver’s Insurance?

There are two times you may consider filing a claim for property damage or collision damage with the other driver’s insurance company:

  1. You did not have collision damage coverage on your insurance policy.
  2. You have collision damage coverage on your insurance policy but the other driver was 100% at fault and you don’t want to make a claim on your own insurance policy.

The owner of this car did accept an insurance settlement offer for collision damage caused by a truck in an accident

When You Did Not Have Collision Coverage

If you did not have collision damage coverage on your insurance policy, you have no choice but to settle with the other driver’s insurance company if you want to get reimbursed for the damage. But find out below what you need to do.

Should I Sign a Release for Collision Damage?

Insurance companies in New York do not always require you to sign a release for collision damage. If you are not asked to sign a release for collision damage, you can accept a check as payment for the damage to your car and deposit the check without a problem.

If you do not sign a release, you can submit proof of additional damage if your body shop finds additional damage and receive more money to repair your car.

If you signed a property damage release, you will not be able to get more money if your body shop finds additional damage after starting work on your car.

The Release Must Be for Property Damage Only

If the other driver’s insurance company wants you to sign a release, you must make sure that the release states it is for property damage only. If the release is a general release, it will include injuries and prevent you from filing a claim for injuries.

It’s best not to sign a property damage release without having it reviewed by an attorney. If you already retained a personal injury lawyer, do not sign a property damage release without the knowledge of your lawyer.

If you were injured and have not yet retained a personal injury lawyer, call us for a free consultation and we will be happy to discuss the release and review it with you for free.

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When You Were Injured but the Other Driver Was 100% at Fault and You Don’t Want to File a Claim against Your Insurance Company

If you were injured in New York and have collision coverage, it’s best to go through your collision coverage. The claim will likely have no effect on your insurance premium because you will also have a no-fault claim against your insurance policy.

If you still don’t want to use your collision coverage and you’re getting 100% of the damage paid by the other car’s insurance, you can settle the collision damage claim against the other driver’s insurance. But if the other driver’s insurance company wants you to sign a release make sure to have your personal injury lawyer review the release.

Tip: Ask your personal injury lawyer to take care of your collision damage claim against the other driver’s insurance because if you do it, the insurance company will get a statement from you. See why you should not give a statement to the insurance company.

Beware of Signing a General Release

We represented a client for injuries who thought she was signing a release to settle the collision damage claim on her car. Later, when her injury started getting worse, she came to us to represent her for her injury.

When we sent a claim letter to the insurance company, the insurance company argued that her claim for both property damage and injuries was released. Apparently, she had signed a general release. She was lucky because we claimed fraud and successfully had the release voided.

Don’t let the insurance company trick you into signing a release. Call us for a free consultation.

Why Should I Use My Collision Coverage Instead of Filing a Claim with the Other Drivers Insurance?

You have a number of benefits when you file a collision damage claim with your own insurance company. Your insurance company has legal and contractual obligations to you. Someone else’s insurance company does not have any contractual obligations to you.

When you file a collision damage claim with your insurance company, the insurance company has an obligation to quickly inspect your car and pay the money to repair your car. Someone else’s insurance company can take their sweet time while you’re getting impatient.

Can I Keep the Money from the Insurance Company or Do I have To Repair or Fix My Car?

You have no obligation to fix or repair your car when you get paid either from your own collision damage coverage or another driver’s insurance policy.

The money is to reimburse you for the loss you sustained which is the diminished value to your car. You can do whatever you want with the money. If you sell your car to someone else and did not fix your car, it is now worth less than it was before the accident.

However, you should take photos of the damage and make sure you can document exactly what was damaged in case your car is in another accident and additional damage is caused. You will only be able to recover money for the additional damage.

Related Articles

Can I Sue for Injury If There Was No Damage to the Car?

What type of attorney do I need if someone damaged my property or building?

Can I Settle My Own Accident Case Without a Lawyer?

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
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You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
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Comments About Accepting an Insurance Settlement Offer for Collision Damage

Will My Insurance Go Up If My Friend, Spouse, or Relative Sues Me?

Angry woman thinking her insurance premium will go up if her friend files a lawsuit

If I sue my husband, wife, or friend, will their insurance premium go up?

Insurance companies cannot raise insurance premiums in New York for some accident claims against family members or relatives but insurance premiums can go up with other claims.

Just because a premium can be increased, doesn’t mean it’s possible to answer the question, “Will my insurance premium go up?” Every insurance company and insurance policy is different and underwriting decisions are company secrets. However, an educated guess is possible – keep reading!

When the Insurance Company Cannot Increase Your Relative’s Premium

If you are injured in a hit-run accident, pedestrian accident, or bicycle accident and live with a relative who owns a car, you can file an uninsured claim against your relative’s car insurance and their premium cannot be raised.

The New York State Department of Finance Office of General Counsel issued an opinion that your family member or relative’s insurance company is NOT allowed to increase their insurance premium if you file an uninsured claim because they weren’t at fault.

If you were injured in a car accident and live with a relative who owns a car with more insurance than the car that caused your injury, you can get more money by filing an underinsured claim with your relative’s insurance company. Again, your relative’s insurance company can NOT increase your relative’s insurance policy premium if you file a claim!

When Can the Insurance Company Increase My Relative’s Premium?

If your friend or relative was driving their car and was negligent for causing the car accident and your injury, you could file a liability claim and their premium could be increased at renewal. Read below about our client who got $100,000 from his brother’s insurance and then gifted money to his brother to pay the entire premium.

If you tripped at your cousin’s house, the insurance company could increase the premium but it’s not likely. Insurance companies make much more profit on homeowner policies and are more tolerant of claims. See, below, what happened to my homeowner’s policy premium when my father was insured at my house and sued me.

The Insurance Premium May Not Go Up

The insurance premium probably will not go up just because you sue your friend, family member, spouse, or relative.

Insurance premiums are not always increased because a claim is filed or because there was an accident. But an insurance premium might be increased because of an accident even if no claims were filed. For instance, you could have an accident without injuries or claims but if a police report was filed, your insurance company will find out about it.

Insurance companies usually look at various factors such as how many accidents or incidents occurred in a number of years, how much was paid out, how many tickets an insured has, credit history, age, zip code, and much more.

Someone Else Can File a Claim That Can Increase the Premium

Many different claims are filed by different people and companies when you are injured in an accident.

Again, the insurance premium may not go up just because there was an accident with claims. But when an insurance company decides to increase a premium, any one of these claims can result in the premium going up even if you don’t file a claim for your injury or property damage.

For instance, the following people and companies may directly file a claim:

  • Property damage someone else sustained
  • Hospital, ambulance, doctors, and other medical providers
  • Other people injured
  • Even the government may file a claim

If you have an accident that can be covered by your family’s or relative’s insurance, it is likely that your family’s or relative’s insurance will have to be involved in the claims process anyway, even if you don’t file a claim.

Adding Your Claim to Others Should Not Increase the Premium

If your family member or relative’s insurance premium is increased because of an accident or incident, any one of the above claims can trigger the increase.

Additional claims for the same accident or incident should not affect the policy premium because insurance companies look at the incident, fault, and total paid out for all claims.

For instance, if you are injured in a friend’s car, the hospital will file a claim against your friend’s New York No-Fault insurance to get paid for treating your injury and that can increase the premium even if you don’t file a claim.

How Much Will the Insurance Premium Go Up?

If the insurance premium is increased, it may be a very small amount or could be more depending on the policy claims history and other factors.

Liberty Mutual canceled my auto insurance when I was stopped at a red light and hit in the rear by a drunk driver who was arrested and convicted. When Liberty Mutual canceled my policy, I would have been assigned risk. But I called Allstate and they sold me an insurance policy with the same coverage for only $60 more.

USAA is known for not canceling policyholders and not increasing premiums because of a claim. If you were in the military or a son or daughter of a current or former member of the military, call USAA.

Even if the insurance premium increases, it will be a very small amount compared to the amount of money we obtain for you. The premium increase could usually be somewhere between a few hundred dollars to $1000 per year for three years.

If we only obtain $50,000 for you, it will more than cover the premium increase. Just make a gift to your friend to pay his premium increase. If we settle your case for $100,000 or $300,000, do you really want to think about the cost of a premium increase?

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What Can Happen if I Don’t File a No-Fault Claim With My Family’s Insurance?

If you are injured in a relative’s car and give your health insurance to the hospital because you don’t want to file a No-Fault claim against your family’s insurance, you’re looking for problems.

The hospital will file a claim with your health insurance company and one of three things can happen.

  1. The hospital may bill the car’s No-Fault insurance if the hospital quickly finds out you gave them your health insurance information.
  2. Your health insurance company will obtain a copy of your hospital records and deny the hospital bill when they see you have injuries from a car accident. The hospital will start billing you for your medical treatment which could be thousands of dollars.
  3. Your health insurance company may pay the claim and later find out that you were injured in a car accident and come after you to get their money back.

If any of these things happen to you, call us and we will fix the problem.

One of our clients was injured in a single-car accident in another state. The car was driven by a friend who was uninsured. A personal injury lawyer in that state told her that she didn’t have a case because the driver was uninsured.

When she got out of the hospital and came back to New York, she called us. We told her that since she was living with her mother at the time of the accident, she could file an uninsured claim with her mother’s car insurance. But her mother would not let her file a claim because she was afraid her insurance would go up.

Six months later she called us back because her mother’s health insurance found out that she was injured in a car accident. The health insurance company sent a letter to her mother asking her to repay the $16,000 hospital bill because New York State law requires No-Fault to pay for injuries caused by a car accident even if the accident was in another state.

We filed an uninsured claim against her mother’s car insurance and settled the claim for $100,000.

What Happened When Someone Didn’t Want to Sue His Brother

I had a disabled neighbor who broke his hip requiring surgery when his brother’s truck was in his driveway, rolled back, and hit him. My neighbor didn’t want to file a No-Fault claim against his brother’s insurance or sue his brother and his family was adamant about it so he made up a story that he tripped.

This meant that Medicare would have to pay the medical bills instead of the truck’s No-Fault insurance and also meant that my neighbor wouldn’t receive compensation for his injury.

The problem is that New York State law determines which insurance has to pay medical bills in a car accident. Eventually, Medicare stopped paying and he now had to file a claim with the truck’s No-Fault insurance but it was now 6 months after the accident and he only has 30 days to file a No-Fault application.

Although it was late, we got his brother’s No-Fault insurance to reimburse Medicare $50,000. We also got his brother’s insurance to pay our client the entire $100,000 policy.

Of course, we never sued his brother because our client didn’t want to. We believe our client paid his brother’s entire insurance premium as a gift.

What Happened to My Insurance Premium When My Father Sued Me

My father was injured at my house when he tripped on a toolbox I left on the steps to the garage. There are three steps to the garage and when the house was built, the builder didn’t install a handrail. My father tripped and went flying into and over a large air compressor I had in the garage. After my father’s accident, I installed a handrail!

I reported the accident to my insurance company. I then called a friend.

My house where my father was injured in an accident but my insurance premium never went up

I can’t sue myself, so I called a friend who is a personal injury lawyer and said, “I need you to sue me”. The claim was settled for $75,000.

My insurance premium was never increased because of the accident. In fact, I’m still with the same insurance company and my insurance premium is about what it was 25 years ago when the accident happened.

Am I Taking Advantage of the Insurance Company?

No. Insurance companies determine how much money they will have to pay out for claims. The insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium.

What if I sue my wife or husband? If you want to be able to sue your spouse you will buy special coverage for that and pay a separate additional premium.

Your insurance company determines how much money they will have to pay to policyholders who sue a spouse. Again, the insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium.

If you don’t want to file a claim against your husband or wife, why did you pay for the insurance coverage to do that?

Is Suing My Friend or Family Member Bad?

You won’t file a lawsuit against your friend or family member to get their personal assets or money and they won’t need to hire a lawyer.

Their insurance premium probably won’t even be increased and with uninsured and underinsured claims, the insurance company is not allowed to increase their insurance premium.

You will just use the insurance benefits they bought insurance to provide,

How Do I Withdraw an Insurance Claim Against My Family, Relative, or Friend?

See What Happens When You Withdraw an Insurance Claim

Related Articles

Can I Sue My Spouse When I’m Injured In a Car Accident?

See more answers to FAQs

comments button for Will My Insurance Go Up If My Friend, Spouse, or Relative Sues Me?

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

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Attorneys who can get you the most amount of money AND provide personal service!

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Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

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Have a Question About If I Sue My Family, Relative, or Friend Will Their Insurance Premium Go Up? Leave a Comment!

Can I Sue for Injury If There Is No Damage to the Car?

A. Yes. When you are injured you can sue for personal injury even if both cars had no damage. The amount of property damage has nothing to do with injuries. We have obtained large settlements for many clients who were seriously injured in car accidents with little or no damage to the cars.

Serious Injury When The Car Had No Damage

Injuries people often get in a car accident with little or no damage:

We had many clients with injuries from car accidents with little or no damage. The insurance company usually suspects the injury because there was little or no damage to the car. But when we prove the injuries were caused by the car accident, the insurance company has to pay.

We had a client who was injured in a car accident when he was hit in the rear but he didn’t know he was injured and there was no collision damage at all to either of the cars. Because there was no damage to his car, he didn’t call the police and almost didn’t even get the other car and driver’s information. As he was about to leave, he decided to get the driver’s information just in case he found damage when he got home.

An hour later, his pinky finger became very swollen and painful. He went to the hospital and found that he had a broken pinky and needed surgery. He was out of work for two months because he was a dentist and needed his hand to work. Earning a $25,000 per month salary he lost a total of $50,000 in salary.

We created this medical illustration to give to the defense insurance company to show why we were demanding payment of the entire insurance policy to settle the case. The insurance company immediately settled by paying the entire insurance policy.

4 images showing 4 injuries in a broken pinky finger when the client's car was hit in the rear and had no damage

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How Often Is Someone Injured When The Car Had No Damage?

Many of our cases involve people who don’t even realize they were injured at the time of the accident. Obviously, they also don’t look injured at the scene of the accident.

rear bumper of car showing no damage in an accident

You can still be injured even though there’s no damage on this bumper  

 

When they got home or the next day their shoulder, knee, or back started hurting and they went to a doctor. Sometimes, a few months after the accident, they needed surgery.

See how some seemingly minor injuries can become serious injuries.

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Should I Use The Insurance Estimate App To Send a Photo of My Car Damage for an Estimate?

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.


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Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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Comments

Can I Sue My Spouse When I’m Injured In a Car Accident?

Yes. If you are injured in a car accident in New York, you can sue your wife or husband if you purchased optional Supplemental Spousal Liability coverage on your automobile insurance policy. Your spouse also needs to be at least partially at fault but that is almost always easy to show.

Will My Insurance Premium Go Up if I Sue My Husband or Wife?

Your premium cannot be increased because the claim is between you and your insurance company, not against your spouse. See If I Sue My Spouse Will My Insurance Premium Go Up?

Is It Wrong for Me to Sue My Husband or Wife?

Not at all. Your claim is not against your spouse. The claim is against your insurance company. That’s why the insurance premium cannot be increased because of the claim.

Reasons why you should file a claim against your spouse:

  1. You are really making a claim against your insurance company, not your spouse.
  2. You won’t be going after your spouse’s money, just your own insurance policy.
  3. You already paid your insurance company for the right to make a claim for your spouse.
  4. Your insurance premium cannot be increased because of the claim.

In fact, to sue your husband or wife, your insurance company charges you a separate premium just so they have the money available when you can make that claim.

Should I sue my husband?

Should I sue my husband? Absolutely, he’s a personal injury lawyer!

 

Why You Are Not Taking Advantage of Your Insurance Company

Your insurance company determines how much money they will have to pay to policyholders who sue a spouse. The insurance company adds the cost of overhead, sales commissions, other risk factors, and desired profit to calculate the premium. If you want to be able to sue your spouse you will buy that coverage and pay the premium.

Your insurance will have to be involved in the claims process anyway.

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Do I Need Insurance to Sue My Spouse for Causing My Injury in a Car Accident?

Before January 1, 2003, Supplemental Spousal Liability coverage did not exist and you could always sue your spouse for your injuries if you were a passenger in a car being driven by your spouse and he or she negligently caused a car accident in New York.

A husband was injured and sued his wife when his wife was driving and rolled over this car

Now, when you purchase car insurance, your insurance company will provide you a notice of the availability of Supplemental Spousal Liability coverage, an explanation of what it is, and the amount of the additional premium.

If you want to be able to sue your husband or wife for your injury, you must add Supplemental Spousal Liability coverage to your auto insurance policy.

Supplemental Spousal Liability coverage is inexpensive and must be offered to you as optional coverage by your insurance company. It is not included in your policy unless you specifically request it and pay for it.

It must be offered for most motor vehicle insurance policies (where such policy is used for the purposes of satisfying the requirements of Article 6 of the Vehicle and Traffic Law),

What Happens if My Spouse Causes an Accident and I Did Not Have Supplemental Spousal Liability Insurance?

If you do not purchase Supplemental Spousal Liability coverage and you cause an accident injuring your spouse (husband or wife), your spouse will not be able to be compensated for pain and suffering.

Can I sue my wife?

Should I sue my wife? Sure, I’ll sue anyone!

Is My Wife or Husband Entitled to Get Their Medical Bills Paid if I Did Not Have Supplemental Spousal Liability Insurance?

Yes. Your spouse is entitled to No-Fault benefits to pay medical bills and lost wages even if you did not buy supplemental spousal liability coverage.

Can My Child Sue for Injury if I Did Not Have Supplemental Spousal Liability Insurance?

Yes. Your child or a friend can recover money for injuries, but your spouse cannot.

Your Spouse Must Still Be at Least Partially Negligent for Causing Your Accident

The injured spouse must still prove that the spouse who was driving was at least 1% negligent.

Supplemental spousal liability insurance merely allows you or your spouse to recover money for injuries as any other injured person could.

Advantages of Supplemental Spousal Liability Insurance

One of our clients was a passenger in his car when his wife was driving. He was injured in a hit and run accident when the other car fled the accident scene.

Our client got $100,000 because we were able to prove she was partially at fault. If he did not pay for supplemental spousal liability coverage he would not have been able to get any money.

Does Supplemental Spousal Liability Insurance Coverage Increase My Liability Insurance Limit?

No. Supplemental Spousal Liability insurance coverage does not increase liability insurance limits. It only adds another person to the liability coverage.

For example, if your bodily injury coverage limit is $250,000/$500,000 and $100,000 is paid to your spouse, $400,000 is left to pay all other persons injured. But a maximum of $250,000 can be paid to any one person.

See more answers to FAQs

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Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.


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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
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Comments about Can I Sue My Spouse When I’m Injured In a Car Accident?

Should I Use an Insurance Estimate App to Send a Photo of My Car Damage?

Answer: No. Never use a collision damage estimating app to send photos of your car damage for an insurance estimate after an accident. If you don’t want to get screwed by your insurance company after a car accident, this is one app you shouldn’t download.

You have a legal right to have a licensed damage appraiser inspect your car at the auto body shop of your choice. Take advantage of your rights.

Tip: If you call your insurance company, just tell the rep that your car is at your body shop, then bring your car to the shop immediately or immediately bring your car to your auto body shop and let the shop call your insurance company to request an appraiser.

How Insurance Companies Get You To Use Damage Estimating Apps

Insurance companies enlist news agencies to promote using their appraisal apps. CNBC wrote in Instant insurance claims—apps for your car crash, “Next time you’re in a fender bender, there’s good reason to have your phone on hand—it could speed up your insurance claim.”

Insurance companies like Allstate, Esurance, Liberty Mutual, and State Farm advertise how quick and easy they make it for you to get your car repaired after an accident by using their insurance estimate app.

Just take a photo with their insurance claim estimate app and they’ll send you a check!

But should you send your photos? Insurance companies developed the collision estimate app and this brilliant marketing idea to save them a lot of money, not to make your life easy.

Photo showing collision damage taken with insurance estimate app

Take a picture of the damage but don’t send it to your insurance company for an estimate. Bring your car to a body shop.

Making Your Life Easy Only Sounds Great

Will it make your life easy if the insurance company sends you a check to fix your car? No.

State Farm Pocket Estimate damage app to send photos of your car's damage

After you get a check, you still have to take your car to the body shop. Using the auto claim appraisal app won’t magically fix your car.

The estimate app only lets you get a check before you go to the auto body shop but your body shop doesn’t need the check before you get there. So using an appraisal app won’t save you any time.

After you get to your auto body shop, you’ll find your check isn’t enough to fix your car and you just wasted your time and possibly made things worse.

What’s worse?

1) The body shop will have to reopen your claim to get approval for more money. This will delay your claim even longer because it’s tougher to get approval for more money once your insurance company has already under-evaluated your claim.

2) You may not be able to get your insurance company to pay what is needed to fix your car. See this question on Quora from an unfortunate car owner who used State Farm’s estimate app, “…I went through their insurance’s photo estimate app (State Farm) and they gave me a $883 estimate. I also got an estimate from my repair shop which is accurately around $4500? What should I do now?

3) When you’re paid less than you need to return your car to its pre-accident condition, your car will have diminished value.

4) If you were injured, sending collision damage photos to your insurance company can hurt your claim. I have seen insurance companies provide photos showing little damage to No-Fault doctors to deny a No-Fault claim.

What Can Happen When You Use an Insurance Claim App?

  1. You may get paid a lot less than the cost of the damage, possibly as much as 8-10 times less.
  2. The body shop will probably not be able to fix your car for the amount you were paid, so they will have to reopen your claim and wait for an appraiser to come to look at your car.
  3. Because you already submitted photos and your insurance company now thinks you have a minor claim, you just made negotiating more difficult for your body shop and they may have a fight on their hands. This can delay your claim even further.
  4. You may get a check for $1,200 and decide to keep the money without fixing the car but there could be thousands of dollars of hidden damage you weren’t paid for.
  5. If you keep the money without fixing your car, you could devalue your car by thousands of dollars. You won’t even know until you try to sell your car and find it’s worthless.
  6. If you keep the money without fixing your car, you could be driving a car that isn’t safe and shouldn’t be on the road.

See how Allstate paid this woman only $1,730 for damage that cost $11,667 to fix

What’s Easier Than Using An Insurance Estimate App?

Let your body shop make your life easy and let them fight with your insurance company so you’ll get the right amount of money needed the first time. Many body shops will even get the other car’s insurance company to pay for your damage.

  1. Take your car to your auto body shop immediately.
  2. If your car isn’t driveable, call your body shop. They will tow your car.
  3. Call your insurance company and tell them to look at your car at your auto body shop.
  4. Never send photos of your car’s damage to your insurance company.
  5. Never let your insurance company look at your car at your house.
  6. If you’re injured, call a personal injury lawyer immediately.

That’s easier than using an insurance collision damage estimate app!

Insurance Companies Use Damage Appraisal Apps to Save Money Three Ways

  1. The insurance companies don’t have to pay appraisers whose job it is to report every detail and every part that has to be replaced or repaired.
  2. Because they’re not using an appraiser, the insurance companies can pay you less money. People have reported receiving as little as 10% of what they needed to fix their car.
  3. They use the photos to show there was very little damage in case you’re injured. Many of our clients have been seriously injured when there was very little damage. See if you can sue for injuries when there was no damage to the car.

How can you be sure that you won’t get enough money to fix your car if you send the collision damage photos to your insurance company?

Simple. How can anyone tell from photos what damage you have underneath the sheet metal and what damage might exist that isn’t seen in your photos?

Allstate advertises their QuickFoto Claim app “helps you get paid quicker so you can get back to normal faster.”

But look at the car in this Allstate video. How can you tell if the radiator and other parts under the hood were damaged? You can’t!

When you take your car to a body shop after using a collision damage estimate app, it can take a lot longer to get your car fixed while the body shop fights to get the money needed to fix all the damage on your car.

Watch FOX 61 and Tony Ferraiolo of a state Auto Body Association and see the problems you might encounter if you use an insurance accident app!

Why Do Insurance Companies Want People To Use An Estimate App?

Because many people will take a photo of the damage, get a check, and take the money without ever going to a body shop to fix the car. They will never know that they got paid thousands of dollars less than the insurance company should have paid.

What To Do If You Already Used An Estimate App And Didn’t Get Enough Money

Find a body shop that will fight for you. The body shop will have to get the insurance company to send an appraiser and hopefully, your body shop will get the money needed to repair your car.

If you can’t find an auto body shop to fight for you, you can look for a general practice lawyer if there are several thousand dollars of damage you’re not getting paid for. But it’s usually too expensive to pay a lawyer to get money to repair a car.

If you were injured, find a personal injury lawyer who is willing to also represent you for the collision damage.

You can sue your car insurance company in small claims court.

Please share this important article about insurance estimate apps on social media and leave a comment below!

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You might also be interested in reading:

More Do’s & Don’ts of what you should do after a car accident
Do I have to notify my insurance company when I have an accident but there was very little damage to my car?
See how you can get screwed by your insurance company when replacing a windshield on a leased car.

How to Use An Insurance App to Buy Insurance

See more FAQs

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comments button for Should I Use an Insurance Estimate App to Send a Photo of My Car Damage?

Attorney Franckel is a well-known personal injury lawyer, Founding Partner of 1-800-HURT-911® New York, and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10  Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and other awards. See Mr. Franckel’s bio.

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1-800-HURT-911® Personal Injury Lawyers "As Seen On TV" ABC, CBS, NBC, FOX, , WOR, WPIX logos

Get the 1-800-HUR-T911® Dream Team™ on your side and become a member of our family!

“Knowing I had a team of great lawyers on my side gave me a sense of power and peace of mind. They took care of everything for me. When a settlement was negotiated, I saw the difference a team of lawyers makes.”
—Lia Fisse

No Win — No Fee — No Expenses — Guaranteed!

Personal Injury Lawyer Screened by Google

Attorneys who can get you the most amount of money AND provide personal service!

Free Personal Injury Consultation call button  Chat to get your free Personal Injury consultation right now button

Please take a look at some of our:

What will happen when I call 1-800-HURT-911 or chat?

  1. Our call center operators and chat operators are available 24/7.
  2. Just give your contact info to our operator and Founding Partner Rob Plevy, Esq. will call you within 5-10 minutes for your free, no-obligation consultation during the hours of 8 am – 10 pm. After hours, Rob will call you in the morning or at the time you want.
  3. Then just text or call us any time you want during your case!

Because any delay could cause you to lose viable rights and benefits, please call HURT-911® Founding Partner Rob Plevy, Esq. right now for a free consultation to find out your rights days/nights/weekends.
1-800-HURT-911
1-800-487-8911

You can speak, text, or email with us whenever you want throughout your case and afterward, days/nights/weekends, and experience our famous personal service. You’ll even get our personal phone numbers so you can call or text anytime!

Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™


Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

Get the HURT911® Dream Team on your side!
Call Attorneys Rob Plevy & Phil Franckel days/nights/weekends for a free consultation
1-800-HURT-911

1-800-487-8911

New York Serious Injury Lawyer logo

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