If you’ve been injured in a crash, one of the worst mistakes you can make is trying to handle the insurance company yourself. You’re not a claims adjuster, and you shouldn’t have to become one just to get what you’re owed. Insurance companies are trained to protect their bottom line. You deserve someone who’s trained to protect you.
Before you talk to an adjuster, give a statement, or accept a check, speak with a lawyer who knows how to fight back. At Chaikin Trial Group, we deal with insurance companies every single day, and we don’t let their delay tactics or excuses slide.
After what happened with Luigi Mangione, whose claim was delayed for months while insurance companies argued over liability, it’s clear these tactics aren’t rare. Many insurers drag out valid claims, deny responsibility, or offer far less than what injured people need to recover. It’s a strategy: delay the process, deny responsibility, and defend against paying full value.
Here’s what you need to know before you make any moves.
What’s in This Guide
- Should You Talk to the Adjuster?
- What Are the Steps of an Insurance Claim?
- How Long Does It Take for a Car Insurance Claim to Go Through?
- How Does Insurance Work If It Wasn’t Your Fault?
- When to Get a Lawyer Involved
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1. Don’t Speak to the Adjuster Without Legal Guidance
Like we mentioned, adjusters may seem polite, but their job is to save the insurance company money. What you say can be used to:
- Minimize your injuries
- Shift fault to you
- Justify a lower offer
You’re not required to give a recorded statement without legal guidance. In fact, we recommend you don’t talk to them at all until you’ve spoken to a lawyer.
The same goes for any kind of motorized vehicle accident, like motorcycles.
2. Know the Steps of the Car Insurance Claim Process
Before you do anything else, it’s important to know how the car insurance claim process actually works. Here’s a simplified breakdown:
- Report the accident to your insurer (or the other party’s if applicable)
- Investigation by an adjuster (they may ask for photos, statements, or medical records)
- Damage assessment (car inspections or medical evaluations)
- Settlement offer from the insurance company
- Acceptance or negotiation (or rejection, if unfair)
It sounds easy, but insurance companies often use this auto insurance claim process to delay, confuse, or minimize what they owe.
3. Don’t Expect a Quick Payout
One of the most common questions we get is: How long does it take insurance to process a claim? The answer? It depends, but it’s rarely fast.
- Most property damage claims are resolved within 30 days.
- Personal injury claims can take months or even over a year, especially if you’re still getting treatment.
- Insurance companies may delay assigning adjusters or “lose paperwork” to stretch the timeline.
Don’t let these tactics frustrate you into accepting a low offer. You only get one shot at a full settlement.
4. If You Weren’t at Fault, Be Extra Careful
You’ve probably heard that 90% of car accidents are caused by human error, but that stat is outdated. Our team estimates it’s closer to 60%, and even that doesn’t tell the full story. Crashes can be caused by bad road design, poor signage, weather, vehicle defects, or a combination of factors. In other words, accidents and claims are rarely simple.
If the accident wasn’t your fault, you might assume the insurance process will go smoothly. But insurers (even your own) will still look for ways to shift blame or minimize what they owe you.
- Don’t say “I’m sorry” or admit anything even casually.
- Don’t guess about what happened if you’re unsure.
- Stick to facts and let your attorney do the talking.
You can still file a claim with your own insurance under collision or uninsured motorist coverage, but consult a lawyer first. The insurance claim process for car accidents is rarely straightforward, and having legal support early on can help protect your rights.
If your accident involved 3 or more vehicles, read this.
5. Know When It’s Time to Call a Lawyer
If you’re dealing with medical bills, missed work, or an insurance company that’s giving you the runaround, now’s the time to bring in a lawyer. Even if you’re undocumented, you deserve representation in New York, too.
A personal injury attorney can:
- Handle communication with the insurer
- Gather and protect crucial evidence
- Fight for fair compensation
- Prevent you from accepting a settlement that’s too low
Chaikin Trial Group takes on insurance companies every single day. We’ve seen every delay tactic, every excuse, and we don’t let them slide. Call us.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York, New Jersey, and Florida. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This blog is in the form of legal education and is intended to provide general information about the matter within the topic.
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