New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is told. The lawyer will present your case to a judge and jury, if needed and bargain with the insurance company.

Certain states have an tort liability system while others have no-fault laws or auto accident lawsuit insurance. In any case, there are strict time limits known as statutes of limitations that have to be adhered to.

Fault

Finding out who is to blame is a crucial part of the insurance and legal process of claiming. It might seem obvious in certain instances like rear-end collisions, but usually it's not the case. The degree of fault is determined by state laws and the facts of each case. Some states use pure comparative negligence, in which the percentage of fault you are responsible for in an accident determines the damages you are able to claim.

Even if your culpability is found to be greater than 51%, you could still recover some damage you've sustained through additional policies like MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to use their own insurance coverage to cover expenses, even if are found partially at fault for the incident.

It's normal to feel upset and feel the need to blame someone else after an accident. This can result in costly mistakes and cause a negative impact. A good lawyer can help you avoid these mistakes and get the answers that you require quickly and efficiently.

Damages

Damages are compensations made to compensate victims for financial losses incurred by another party's negligence. This type of compensation could cover a variety of expenses, such as medical expenses in addition to lost wages or income, and vehicle property damage. A car accident lawyer will scrutinize invoices, receipts and other financial documents to calculate how much damages you're entitled to.

Non-economic damages are often difficult to quantify and include intangible losses like pain and suffering. This kind of compensation is frequently subject to devaluation by insurance providers and it is essential to consult a reputable attorney in torts to ensure that your damages are fairly valued.

If you have suffered serious injuries or if your losses exceed the limits of insurance coverage in New York, you may be able to avoid the no-fault law and file a lawsuit for non-economic and economic damages including pain and suffering. New York is a state that relies on comparative negligence therefore your claim will be reduced depending on the percentage of blame you're assigned. An experienced attorney will do everything to maximize the damages you can recover.

Statute of Limitations

In the event of a car crash, the statutes of limitations are the timeframes you have to sue for damages. This can vary from three years to five depending on the nature and the state of the lawsuit.

Statutes of limitations are crucial because they ensure that claims filed in court can be thoroughly investigated before the deadline runs out. After this period it could be too late for witnesses, physical evidence such as tire marks and debris may disappear or get eroded and public records could be lost.

As time passes, witnesses tend to forget important information. For instance, it would be unreasonable to expect witnesses to remember the details of the car crash that occurred 15 years ago. A statute of limitations also restricts plaintiffs from bringing legal action too soon after an incident because it would unfairly prejudice the jury against them. It is important to speak with an New York auto accident lawyer as quickly as you can in order to start 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 compensate the policyholder and their passengers for economic losses if they are involved in an accident regardless of who was responsible for the fault. This type of insurance is also known as 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 insurance offers the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is usually offered with minimum limits of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they are sued by a third party for damages, such as medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are severe enough. However, most third party claims are resolved through insurance companies. A knowledgeable lawyer can assist you to recover the maximum amount of damages.

Contact an attorney

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

A lawyer can also ensure that your claim is inclusive of all of your expenses and losses. They will assess your current and future financial costs, as well as your emotional and physical distress. They will also take into account the effects of your injuries 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 recover under your policy's uninsured motorist coverage (UM). An attorney can advise you of this option.

It is essential to choose a seasoned lawyer for car accidents. Their experience and training puts them in a better position to get you what you deserve. The defendant's insurer will know that your lawyer is willing to try the case, which is often the reason for an offer of a higher settlement.