We’re excited to share some significant news that could protect injury victims across New York State. The Unfair Settlement Timing Act (A.8706) has recently passed in the State Assembly, establishing crucial protections for accident victims during their most vulnerable moments.
What Does This Law Do?
The legislation creates a mandatory 30-day “cooling off” period after an accident or injury during which settlement negotiations are prohibited. At Buzin & Berman, we view this as a vital protection against predatory tactics that have disadvantaged countless injury victims.
Why This Matters for Injury Victims
For years, insurance companies and defense attorneys have been approaching individuals who have been injured in the immediate aftermath of traumatic events. These representatives—armed with legal training and substantial resources—often pressure vulnerable victims to accept quick settlements before they can:
- Fully understand the extent of their injuries
- Evaluate long-term medical needs and costs
- Consult with a personal injury attorney about their rights
- Make clear-headed decisions about their case
Accident victims are rarely in a position to make informed decisions about settlements during the emotional and physical trauma following an incident. Many people don’t realize that accepting an early settlement means waiving their right to seek additional compensation, even if their injuries prove to be more serious than initially apparent.
Key Provisions That Protect Your Rights
This legislation includes several important protections:
- Mandatory waiting period: No settlement negotiations can occur within 30 days of an accident
- Voiding provision: Victims can void any settlement reached in violation of this protective window
- Recourse options: Meaningful legal remedies if these safeguards are ignored
As personal injury attorneys dedicated to protecting the rights of New Yorkers, we believe that it’s important that victims have the time and space needed to understand their injuries and secure proper legal representation.
What Happens Next
The bill now moves to Governor Kathy Hochul’s desk for signature. Please join us in contacting Governor Hochul and asking that the bill be signed as soon as possible.
At Buzin & Berman, we remain committed to staying at the forefront of legislative changes that impact our clients’ rights. We’ll continue to monitor this important development and provide updates as the bill hopefully progresses past the Governor’s desk.
If you or anyone you know has been injured in an accident, don’t hesitate to contact us for a free consultation. We’re here to ensure your rights are protected every step of the way.
