No matter what the cause or who was at fault, there is an instinct among many people to apologize after getting into a motor vehicle accident. Whether the other driver is acting aggressive or sympathetic, it is not in your best interest to admit fault after a car accident in Yonkers. An experienced car accident lawyer from StolzenbergCortelli, LLP could explain why doing so is a risky move, and what you should do instead.
It is often a mistake to admit fault after a car crash in Yonkers. Not everyone understands the Vehicle and Traffic Law (VTL) Code and the rules of the road. Someone could end up admitting fault at the scene of the accident when it was not even their fault, which could hurt their case. Oftentimes, defense lawyers and insurance companies focus on what people say immediately after the accident because that is when they have the best recollection.
Even if the person says it was not their fault later, it will still be written in the police report that they admitted fault or apologized for running the red light. Instead, a person should just make sure everyone is okay, call the police, and let them ask the questions and deal with the accident.
Injured drivers can still be polite without apologizing. They should go to the other driver to make sure they are okay, and help them out of the car and to the side of the road, if it is safe. There are ways to give apologies without saying they are responsible.
An injured driver in Yonkers should not immediately give a recorded statement about the crash because they may not know exactly what happened and what the consequences of the accident are. Police reports are not always 100 percent accurate either and events need investigation to get the full picture.
If someone gives a recorded statement before consulting a lawyer, and they say something that could hurt the case, it is hard to take it back. StolzenbergCortelli, LLP recommends drivers not to give a recorded statement or speak about it until they speak with an attorney. Even though someone might not think they are at fault, the insurance company might try to trick them into admitting fault or thinking they are at fault in some way.
Usually, the insurance adjuster will call the injured driver or write a letter or email. People might think they are helping their case by explaining what has happened. That would be a major mistake.
Although it might not say the injured party was responsible for the crash on the police report, that does not completely absolve them of it, so the adjuster may try to make contact and learn more. Even though a person might not have done anything wrong, they could say one little thing that throws off their case.
The defendant’s insurance company might offer a check as a form of settlement, but in taking that check, a person might not be able to pursue a lawsuit or make a claim against them. Accepting a check means the person agrees to drop any lawsuit against that individual. If an injured person does not have an attorney, they will not know whether that is a fair offer or what the consequences are of accepting that offer.
It may be difficult, but you should not give your side of the story or admit fault in the aftermath of a car crash in Yonkers. Even when the insurance adjuster calls, do not respond until you first speak with a personal injury attorney from StolzenbergCortelli, LLP. We know how to provide information without hurting your case, so call us at your earliest convenience.