New York Auto Accident Law

A lawyer for car accidents is your advocate, making sure your side of the story is told. They will negotiate with the insurance provider and argue your case before a judge and jury, if needed.

Some states follow the tort liability system as it is in common practice and others have no fault or add on auto insurance laws. Regardless, there are still strict time limits, commonly referred to as statutes of limitation that must be followed.

Fault

The determination of fault is a vital part of the legal and insurance claims process. In some cases, like rear-end collisions or similar situations, it may seem evident, but in other cases, it's not. The determination of fault is based on state laws and the specific facts of each incident. Certain states have absolute comparative fault. This means that your percentage of fault determines the amount of damage you can claim.

Even if you're found be more than 51% accountable and liable, you could still have a a chance to collect certain damages through supplemental coverage like MedPay or PIP policies. Additionally, certain states have modified comparative fault. These laws allow injured motorists to utilize their own insurance coverage to cover costs, even if they are found partially at fault for the accident.

After an accident, it's natural to be shaken up and to feel the need to point the finger at someone else. However, doing so can cause costly errors in the future. A good lawyer will help you avoid these pitfalls and will provide the information you require quickly and with precision.

Damages

Damages are compensations offered to pay victims for financial loss caused by the negligence of another party. The type of compensation offered can be used to pay for a variety of losses, including medical expenses, lost wages or income as well as damage to the vehicle. 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 may include intangible damage such as pain and suffering. This kind of compensation is often subject to devaluation by insurance companies and it is essential to consult a reputable tort lawyer to ensure your damages are valued fairly.

In New York, if you suffered serious injuries or if the losses you suffered exceeded the policy limits you may be able to avoid the no-fault system by suing for all of your economic and non-economic damages including pain and suffering. New York is a state that uses comparative negligence, therefore your claim will be reduced according to the percentage of blame you're assigned. A skilled lawyer will work hard to maximize your recovery for damages.

Statute of Limitations

In the event of a car crash the statute of limitations is the time frame you are required to seek damages. It can range from three to five years depending on the nature and condition of the lawsuit.

Statutes of limitations are important because they guarantee that claims filed in court can be investigated properly before the deadline runs out. After this period, it may be too late to find witnesses, physical evidence like tires marks and debris can disappear or become eroded, and public records could be misplaced.

As time passes, witnesses tend to forget important details. For example, it would be unreasonable to expect eyewitnesses to recall the details of an automobile accident that happened 15 years ago. A statute of limitations also prevents plaintiffs from seeking legal action too quickly following an incident since it could unfairly prejudice the jury against them. It's important to contact an New York auto accident lawyer as early as you can 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 reimburse the policyholder and their passengers for their economic losses in the event of an accident, regardless of who was responsible for the fault. This is referred to 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 provides the victim with compensation if they are injured by an uninsured or uninsured driver or in a hit and run accident. UM/UIM coverage is typically provided with a minimum limit of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability in the event that they are sued by a third party for damages like property damage and medical bills. Third parties can also file a claim for suffering and pain when the injury is severe enough to warrant. The majority of third-party claims, however they are settled by insurance companies. A skilled lawyer can assist you recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help determine who was responsible for the accident and pursue compensation from the party responsible.

A lawyer can also make sure that your claim is inclusive of the totality of your losses and expenses. They will take into account your future and present expenses, as also physical and emotional distress. They will also take into account the effects of your injuries on your quality-of-life.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only carried the minimum amount legally required. An attorney can assist you with this option.

It is crucial to find an experienced auto accident lawyer. Their education and experience puts them in better position to secure you the amount you're entitled to. The insurer of the defendant will recognize that your attorney is willing to fight the case which can lead to a higher settlement offer.