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New York Auto Accident Law

An attorney for car accidents is your advocate and will make sure that your side of the story is told. He or she will bargain with the insurance company and present your case before a judge and jury, if needed.

Certain states have an tort liability system while others have no-fault laws or auto insurance. There are still time limits known as statutes that must be adhered to.

Fault

Determining who is at fault is an important aspect of the insurance and legal claims process. It might appear obvious in some instances, such as rear-end collisions. However, often it is not the case. Fault is determined based on state laws and the specific facts of each instance. Some states use pure comparative negligence, in which the proportion of fault you have in an accident determines what damages you can claim.

Even if you're determined to be more than 51% responsible however, you might still have an opportunity to recover some of the damages you suffered with supplemental coverage like MedPay or PIP policies. Certain states also have modified comparative negligence. These laws permit injured drivers to use their own insurance to cover expenses even if they're deemed partially at fault for the crash.

After an accident, it's natural to be shaken and to feel the need to blame the other person. However, doing so can backfire and result in costly mistakes over the long term. A skilled lawyer can help you avoid these traps and get the answers that you require quickly and accurately.

Damages

Damages are compensations offered to pay victims for financial losses caused due to the negligence of another person. The type of compensation offered can be used to cover a variety of damages, including medical expenses and lost wages, income, and vehicle property damage. A skilled car accident lawyer will look over invoices, receipts and other financial documentation to calculate accurately the amount of special damages you are owed.

Non-economic damages are more difficult to quantify and usually include intangible damages such as pain and suffering. Insurance companies are known to devalue this type of compensation. It is important to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been properly assessed.

If you've suffered serious injuries or losses that exceed the policy limits in New York, you may be able to get around the no-fault law and file a lawsuit for your economic and noneconomic injuries, including pain and. However, since New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. An experienced lawyer will strive to maximize the damages you can recover.

Statute of Limitations

In the event of a car crash the statute of limitation is the time frame you can sue to recover damages. Typically, it is three years but can differ based on the type of lawsuit and state laws.

Statutes of limitations are crucial because they ensure that any claims in court can be thoroughly investigated before the deadline elapses. After that time it could be difficult to find witnesses. Physical artifacts such as tire marks and debris could disappear or be destroyed and public records could be misplaced.

Witnesses are also likely to forget important details with the passage of time. For instance it is not reasonable for eyewitnesses to be expected to recall detailed information about the car crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from filing a lawsuit too quickly after the incident, because it could prejudice the jury against them. It is crucial to contact an New York auto accident lawsuit accident lawyer as soon as possible and begin the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance pays the policyholder's and their passengers' financial losses, regardless of the cause. This is known as no fault insurance or Personal Injury Protection (PIP).

In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of insurance pays victims injured by uninsured, overinsured, or hit-and-run drivers. UM/UIM coverage is usually provided with a minimum amount of $25,000 per person or $50,000 per accident.

Bodily Injury Liability protects the policyholder if they are sued by a third party to recover damages, including medical bills or property damage. Third parties can also claim the pain and suffering of injuries that are severe enough. However, the majority of third party claims are settled through insurance companies. A skilled lawyer on board can ensure that you recover the maximum amount of damages that are available to you.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical costs to lost wages, they can be costly. A lawyer can help determine who is responsible for the accident was and seek compensation from the person responsible.

A lawyer can also ensure that your claim is inclusive of all your expenses and losses. They will look at your present and future financial burdens, as well as your physical and emotional distress. Additionally, they will take into account the impact your injuries have had on your quality of life.

In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you might be able to claim compensation under your insurance policy's uninsured motorist coverage (UM). An attorney can advise you of this option.

It is important to work with an experienced lawyer for auto accidents. Their education and experience puts them in a stronger position to secure the compensation you're entitled to. Your lawyer will let the insurance company of the defendant know that you are willing to accept the case. This often leads to an increased settlement offer.