Insurance Challenges After a Low-Speed Car Crash in New York

If you’ve been involved in a low-speed crash in New York, you may already be facing pushback from insurers. Understanding their tactics, the myths they rely on, and your rights under New York law can make the difference between walking away undercompensated and securing the full recovery you deserve.

How Insurers Devalue Low-Speed Car Crash Claims

Insurance companies are profit-driven businesses. Their adjusters are trained to reduce the amount paid out on claims wherever possible. In cases of low-speed crashes, insurers often argue that the lack of major vehicle damage equals a lack of significant injury.

This argument is misleading and unfair. Research and medical evidence show that the human body absorbs crash forces differently than a vehicle. Even when bumpers and frames withstand impact with little visible damage, the energy can still transfer into the occupants’ necks, backs, and shoulders, causing conditions such as:

• Whiplash (cervical strain)
• Herniated or bulging discs
• Soft tissue injuries (ligaments and tendons)
• Concussions or mild traumatic brain injuries

In fact, many of these injuries are more common in lower-speed impacts because there’s less time for the body to brace. Still, insurers cling to the idea that minimal property damage should equal a minimal payout.

The “Minimal Damage = Minimal Injury” Myth

One of the most persistent insurance myths is that if the car looks fine, you must be fine too. But medicine tells a different story.

Consider whiplash: even a crash at 5–10 mph can cause the head to snap back and forth with enough force to stretch or tear muscles, tendons, and ligaments in the neck. These injuries often don’t appear on X-rays and may not show symptoms until hours or even days later. That gives insurers another opening to argue the injury “wasn’t caused by the crash.”

New York courts, however, have long recognized that serious injuries can arise from accidents with little or no visible property damage. Judges and juries in this state have awarded compensation for low-speed crashes where the medical evidence supported the claim.

Don’t fall for the “minimal damage = minimal injury” myth. It’s designed to discourage you from fighting for fair compensation.

Common Insurance Tactics After Low-Speed Crashes

Insurers use several strategies to limit payouts in these cases:

1. Quick Settlement Offers

   After a crash, you may be contacted by the insurance company with a fast settlement offer. At first glance, it might feel like a relief to have cash in hand. But these offers are usually well below the actual value of your claim. Insurers count on you accepting their quick settlement before you know the full extent of your injuries or the cost of ongoing treatment.

2. Blaming Pre-Existing Conditions

   If you’ve ever had back pain, arthritis, or any prior injury, even decades ago, the insurer will argue that your current pain is unrelated to the crash. Under New York law, however, you’re entitled to compensation if an accident aggravates a pre-existing condition. The key is careful medical documentation showing how your condition worsened after the crash.

3. Questioning Medical Treatment
   

   Insurers may claim you’re “overtreating” or that certain therapies aren’t necessary. They may send you to an “independent medical examination” (IME) with a doctor paid by the insurance company, who may minimize your injuries.

4. Denying or Underpaying No-Fault Benefits

   New York’s “No-Fault” law requires your own insurance company to pay for reasonable medical expenses and lost wages after a crash, regardless of fault, up to $50,000. But insurers frequently delay, deny, or cut off these benefits. If this happens, you can challenge the denial through arbitration or litigation, but it’s definitely not a battle you should fight alone.

What To Do If Your Claim Is Denied or Underpaid

If the insurance company denies your claim, underpays, or stops your no-fault benefits, you still have options. Here’s what to do:

1. Document Everything

   • Seek medical care immediately after the crash and follow all treatment recommendations.
   • Keep records of every doctor visit, prescription, therapy session, and time missed from work.
   • Take photos of your car, the accident scene, and any visible injuries.

2. Don’t Sign Anything Without Legal Advice

   • Settlement agreements are final. Once you sign, you can’t go back for more compensation, even if your injuries worsen.

3. Know Your Rights Under New York Law

   • To bring a lawsuit against an at-fault driver outside the no-fault system, you must meet the “serious injury” threshold under New York Insurance Law § 5102(d).
   • “Serious injury” can include significant limitation of use of a body part or function, permanent loss of use, or injuries that prevent you from performing daily activities for at least 90 out of the 180 days after the crash.
   • A skilled attorney can help demonstrate that your injuries meet this threshold, even if the crash seemed “minor” to the insurer.

4. Contact an Experienced Personal Injury Attorney

   • Fighting insurance companies is tough on your own. A lawyer familiar with low-speed crash cases can gather medical evidence, consult with experts, and push back against the insurer’s tactics.

Why These Cases Are Harder in New York

New York’s no-fault system was designed to reduce litigation in car accidents, but it often creates hurdles for injured people in low-speed crashes. Because you must prove a “serious injury” to step outside the no-fault system, insurers seize the chance to argue that your injuries don’t meet the standard.

That’s why the quality of your medical documentation and legal representation is critical. Without both, you may end up bearing the financial burden of someone else’s negligence.

Don’t Let Insurers Minimize Your Crash

If you’ve been in a low-speed car crash, you may be facing skepticism from insurers, employers, or even friends who assume you can’t be seriously hurt. But the pain, medical bills, and lost wages are real, and you deserve real compensation.

At Harding Mazzotti, LLP, we know the insurance company’s playbook, and we know how to fight it. Our team has decades of combined experience handling low-impact crash cases across New York. We understand both the medical and legal complexities, and we bring compassionate, responsive, and dedicated representation to every client.

And with our No Fee Policy, you pay nothing out of pocket. We only get paid if we win compensation for you.

Call Harding Mazzotti, LLP Today

If you or a loved one has been injured in a low-speed crash, don’t wait. Contact Harding Mazzotti, LLP immediately for a free consultation. The sooner we get involved, the sooner we can protect your rights and build the strongest case possible. We are available 24/7 at 1-800-529-1010.

Low-speed accidents are serious. Don’t let an insurance company convince you otherwise. Let us fight for the compensation you deserve.