New York Auto Accident Law

An attorney who handles car accidents is your advocate and will make sure that your side of the story gets heard. He or she will negotiate with the insurance company and argue your case front of a judge and jury, if needed.

Some states have a tort liability system while others have no-fault or auto insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

The determination of who is at fault is an essential part of the insurance and legal claims process. It might seem obvious in certain instances such as rear-end collisions, but often it is not. The state laws and facts of each case are used to determine fault. Some states have pure comparative fault, where your proportion of the cause determines the amount of damage you can claim.

Even if your fault is found to be greater than 51%, you could still claim some damages you have suffered with additional policies such as MedPay and PIP. Certain states also have modified comparative negligence. These laws allow injured motorists to utilize their own insurance to cover their expenses even if they're partially responsible for the collision.

After an accident, it's common to feel a bit shaken up and to want to blame the other person. However, this could backfire and lead to costly mistakes in the end. A good lawyer will assist you in avoiding these traps and provide the answers you require quickly and precisely.

Damages

Damages are the amount paid to help a victim to make up for the financial losses they suffered as a result of a third party's negligence actions. This type of compensation may cover a wide range of losses, such as medical expenses loss of income or wages and property damage to vehicles. A competent lawyer for car accidents will review invoices, receipts and other financial records to determine the exact amount of damages you're owed.

Non-economic damages can be difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known to undervalue this kind of compensation. It is essential to speak with a seasoned attorney in tort law to ensure that your damages have been properly assessed.

In New York, if you suffered serious injuries, or if your losses exceeded the policy limits you may be able to evade the no-fault system by suing for all of your economic and non-economic damages, including pain and suffering. But, Auto Accident since New York is a comparative negligence state, the amount you recover will be reduced by the percentage of fault attributable to you. A knowledgeable lawyer will strive to maximize the damages you can recover.

Statute of Limitations

In the event of a car accident the statutes for limitation are the time limits you are allowed to sue for damages. Typically, this is three years, but it can vary based on the kind of lawsuit and the laws of the state.

Statutes of limitation are important as they ensure that any claim made in court is investigated properly prior to the time limit expires. After that, it may be impossible to locate witnesses. Physical artifacts, such as debris and tire marks could disappear or be destroyed, and public records might be misplaced.

Witnesses also have a tendency to forget key details over the course of time. It's not realistic to assume that witnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too early after the incident because it may unfairly disadvantage the jury. It's important to contact an New York auto accident attorneys accident lawyer as quickly as you can in order to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type of insurance is designed to pay the policy holder and their passengers for their economic losses in an accident regardless of who was responsible for the fault. This is also 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, underinsured, or hit-and-run motorists. UM/UIM is typically provided in minimum limits of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third-party for damages, such as medical bills or property damage. Third parties can also file claims for injury and pain that are severe enough. Most third-party claims, however are settled by insurance companies. Employing a competent lawyer on board can help to ensure that you get the entire amount of damages available to you.

Contact an attorney

Car accidents can be stressful and costly. From vehicle injuries to medical costs to lost wages They can be costly. A lawyer can assist in determining who is responsible for the accident and seek compensation from the party responsible.

A lawyer can also guarantee that your claim will cover all your expenses and losses. They will consider your current and potential financial costs as well as your emotional and physical distress. Additionally, they will take into consideration the impact your injuries have caused on your quality of life.

In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you might be able to claim compensation under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is crucial to find an experienced auto accident lawyer. Their training and expertise puts them in a better position to negotiate for the settlement you're entitled to. The defendant's insurer will know that your lawyer is prepared to pursue the case, which usually results in an increased settlement offer.