What Insurance Companies Don’t Want Queens Injury Victims to Know in 2025

Their claim process is designed to protect their business interests, which involves balancing fair payouts with profitability.

They understand the rules of New York’s insurance laws far better than the average person. They know that an unguided statement may reduce a claim’s value, that a quick settlement offer is typically far less than what your long-term recovery will actually cost, and that you are working against strict legal deadlines.

If you have a question about an injury you or a loved one sustained in Queens, call Tucker Lawyers PC for a straightforward conversation about your situation at (516) 399-2364.

Secret #1: The Recorded Statement Is Not a Casual Conversation

Shortly after the accident, an adjuster from the other party’s insurance company will likely call you. They will be friendly and reassuring, and they will ask if you’re willing to provide a recorded statement about what happened. It seems like a simple, routine step.

This is not a casual chat. It is a formal interview where every word matters. The adjuster is trained to ask questions that might seem innocent but are designed to get you to say something that could be interpreted as admitting fault or downplaying your injuries.

Example Question: “How are you feeling today?”

• Common Answer: “I’m okay, thanks.”
• How It’s Used: This may be noted in the file as “victim stated they were ‘okay’,” and used later to argue your injuries weren’t as severe as you now claim, especially if pain flares up days later, which is common with injuries like whiplash.

Example Question: “Can you tell me what happened?”

• Common Answer: “I’m not totally sure, it all happened so fast. I guess I could have been more careful.”
• How It’s Used: Any hint of uncertainty or self-blame (“I guess I could have…”) will be used to build a case that you were partially at fault for the collision.

You are not legally obligated to provide a recorded statement to the other driver’s insurance company.

Instead of engaging in a detailed conversation, state: “I am not prepared to give a statement at this time. I will be focusing on my medical care.”

Then, direct all their communications to your legal representative. Our firm handles these conversations, ensuring your rights are protected and that only necessary, factual information is provided in a way that is not misinterpreted.

Secret #2: Their First Settlement Offer Is Rarely Their Best

The insurance company may present you with a settlement offer very quickly, sometimes within weeks of the accident. It feels like a relief to see a check with your name on it, especially as medical bills start to arrive.

Why do they do this? They know you are in a difficult position. You’re likely out of work, in pain, and worried about your finances. A fast offer is tempting because it solves an immediate problem. However, this initial offer is almost always calculated to be the lowest amount they believe you might accept.

It typically fails to account for:

• Future Medical Needs: What if you need surgery a year from now? Or ongoing physical therapy? A quick settlement won’t cover that. Head and spinal trauma, common in serious Queens accidents, may require months or years of rehabilitation.
• Lost Earning Capacity: If your injury prevents you from returning to your old job or working the same hours, your financial losses could extend for years.
• Pain and Suffering: This is a real, compensable part of a personal injury claim that accounts for how the injury has rewritten every aspect of your life. A quick offer barely touches on this.

Secret #3: Your Medical Records Are a Gold Mine of Information for Them

The adjuster will ask you to sign a broad medical authorization form, allowing them to access all of your medical records—past and present. This seems reasonable; they need to verify your injuries.

The authorization you sign is usually intentionally broad, giving them access to your entire medical history, not just records related to the accident. They will meticulously review these past records, looking for anything to devalue your claim.

• A Pre-Existing Condition: Did you hurt your back a decade ago? They may argue that your current back pain is from that old injury, not the recent car accident.
• Gaps in Treatment: Did you wait a week to see a doctor because you thought the pain would go away? They will argue that the delay means your injury wasn’t serious or that something else could have caused it during that time.
• Inconsistent Statements: Did you tell your family doctor you were feeling a little better one day? They will use that note to contest the severity of your ongoing pain.

You should never sign a blanket medical authorization. Your legal team provides the insurance company with all the relevant medical records—those directly connected to the injuries from the accident.

Secret #4: Comparative Fault

Even if the other driver was clearly at fault, the insurance company will conduct a thorough investigation to see if you share any amount of blame for the accident.

This is because New York follows a pure comparative negligence rule. Simply put, this legal concept means that your total compensation is reduced by your percentage of fault.

Think of compensation as a pie. If a jury decides you were 20% at fault for the accident, your slice of the pie is reduced by 20%.

They build their case by looking for evidence that you were speeding, distracted, or made a driving error. In a place like Queens, where afternoon rush hour leads to thousands of accidents, it is easy to argue that multiple factors were at play. They might even take an innocent comment you made in your recorded statement—”I was changing the radio station”—and use it to argue you were distracted.

Your story needs to be told accurately, supported by evidence, to ensure no amount of blame is unjustly put on you.

Secret #5: Time Is on Their Side, Not Yours

The personal injury claim process is long, tedious, and filled with paperwork. It’s easy to get frustrated as time drags on and your bills pile up higher and higher.

This delay works in the insurance company’s favor. They know that financial pressure makes victims more likely to accept a low settlement offer just to get some money in their hands. Furthermore, there are strict legal deadlines you must meet. In New York, you generally have three years from the date of the accident to file a lawsuit. This is known as the statute of limitations. If you miss this deadline, you lose your right to sue forever.

Frequently Asked Questions About Queens Injury Claims

What is the “serious injury” threshold in New York?

To step outside of New York’s No-Fault system and sue the at-fault driver for pain and suffering, your injury must meet a certain level of severity. This is defined by New York Insurance Law § 5102(d) and includes things like a fracture, significant disfigurement, or an injury that prevents you from performing substantially all of your usual daily activities for 90 out of the 180 days following the accident.

How much does it cost to hire Tucker Lawyers PC?

We handle personal injury cases on a contingency fee basis. This means you pay us nothing upfront. We only receive a fee if we successfully recover compensation for you.

What is PIP, and what does it cover?

Personal Injury Protection (PIP), also known as No-Fault coverage, is a mandatory part of your own auto insurance in New York. It provides at least $50,000 per person for “basic economic loss,” which includes medical expenses and a portion of lost wages, regardless of who was at fault for the accident.

Let Us Handle the Details, So You Can Focus on Healing

We are familiar with the local courts and the challenges people here face after a serious crash. You don’t need to have all the answers or paperwork ready to call us. The sooner we begin gathering evidence, the stronger your case will be.

If you’re ready to take the next step, we’re here to help. Call Tucker Lawyers PC today at (516) 399-2364.