New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is heard. He or she will present your case to a judge or jury, if necessary, and bargain with the insurance company.

Some states have the tort liability system, while others have no-fault laws or auto insurance. There are time limitations that are strictly enforced known as statutes which must be followed.

Fault

Determining fault is a crucial element of the legal and insurance claims process. In certain situations, like rear-end collisions, or other similar situations, it may appear simple, but in other cases, it's not. The state laws and the facts of each case are used to determine fault. Certain states have pure comparative fault, where your proportion of the fault determines the amount of damages you can recover.

Even if your fault is determined to be higher than 51%, you could still recover some damage you've sustained through additional policies like MedPay and PIP. Additionally, certain states use modified comparative blame. These laws allow injured motorists to utilize their own insurance to cover their expenses even if they're partly at fault for the crash.

Following an accident, it's normal to be shaken and want to blame another person. This could lead to costly mistakes and have a negative effect. A competent lawyer will help you avoid these mistakes and give you the answers you need quickly and with precision.

Damages

Damages are monetary compensations that pay victims for financial loss caused through the negligence of a third party. This type of compensation could pay for a variety losses, such as medical costs as well as lost wages or income, as well as vehicle property damage. A skilled car accident lawyer will scrutinize invoices, receipts, and other financial records to determine the exact amount of damages you are owed.

Non-economic damages are often difficult to quantify, and include intangible damages like pain and suffering. Insurance firms are known to devalue this kind of compensation. It is imperative to speak with a seasoned attorney in tort law to ensure that your damages are fairly assessed.

If you have suffered serious injuries or if your losses exceed the policy limits in New York, you may be able escape the no-fault law and file a lawsuit for non-economic and financial damages including pain and suffering. New York is a state that relies on comparative negligence which means that your compensation will be reduced according to the percentage of blame you are assigned. A competent lawyer will strive to maximize the damages you are able to recover.

Statute of limitations

In the event of a car crash, the statute of limitations is the period in which you have to bring a lawsuit to recover damages. Typically, it is three years but can differ depending on the nature of lawsuit and state laws.

Statutes of limitation are important, as they ensure that any claim made in court is investigated properly before the deadline is up. After that it might be difficult to find witnesses. Physical artifacts like tire marks and debris could disappear or become eroded and public records could be lost.

As time passes, witnesses tend to forget important information. For instance it's not realistic to expect eyewitnesses to recall detailed information about the car crash that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a lawsuit too soon after the incident, since it could prejudice the jury against them. It's important to contact a New York auto accident attorneys accident lawyer as early as you can to begin the process.

Insurance

All drivers in New York are required by law to carry insurance for their cars. This type of insurance is designed to cover the policyholder and their passengers for their economic losses if they are involved in an accident, regardless of who was responsible for the fault. This type of insurance is called Personal Injury Protection (PIP) or no-fault insurance.

In addition to PIP, most New York policies include uninsured/underinsured motorist coverage (UM/UIM). This type of coverage compensates victims injured by uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is typically offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is protected under Bodily Injury liability if the third party sues them for damages like property damage and medical bills. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant. The majority of third party claims, however they are resolved by insurance companies. A skilled lawyer on board can ensure that you are able to recover the entire amount of damages that are available to you.

Contact an Attorney

Car accidents are stressful and costly. From car damage to medical bills to lost wages they can be costly. A lawyer can help you determine whose fault the accident was, and obtain compensation from the party responsible.

A lawyer can also ensure that your claim is inclusive of all expenses and losses. They will consider your current and potential financial costs, as well as the physical and emotional stress you are experiencing. They will also take into account the impact of your injuries on your quality-of-life.

In New York, if the negligent driver did not have insurance or only the minimum amount required by law, you might be able to recover under your own policy's uninsured motorist coverage (UM). This option can be discussed with an attorney.

It is essential to choose an experienced lawyer for auto accidents. Their training and experience put them in a better position to get you the amount you're entitled to. Your attorney will let the insurer of the defendant know that you are willing to take on the case. This often leads to an increase in the settlement amount.