New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is told. They will negotiate with the insurance provider and argue your case front of a judge and jury, if needed.

Some states follow the tort liability system as it is in common practice and some have no fault or add on auto accident attorney insurance laws. However, there are strict time limitations, referred to as statutes or limitations that must be observed.

Fault

The determination of fault is a vital element of the legal and insurance claims process. It may seem obvious in some cases, such as rear-end collisions but generally it's not. The degree of fault is determined by state laws and the specific facts of each case. Certain states have pure comparative fault, where your percentage of the accident determines how much of your damages you can recover.

If you're found to be more than 51% responsible however, you might still have the chance to recover some of your losses through additional insurance like MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws allow injured drivers to utilize their own insurance to cover their expenses even if they're partially responsible for the accident.

It's normal for people to be upset and try to blame someone else after an accident. However, this could backfire and result in costly mistakes in the long run. A skilled lawyer can help you avoid these pitfalls and get the answers you need quickly and accurately.

Damages

Damages are monetary compensations that pay victims for financial loss caused by another party's negligence. This type of compensation could be used to cover a variety of expenses, vehicle such as medical expenses as well as lost wages or income, and vehicle property damage. A car accident lawyer will scrutinize receipts, invoices and other financial documents to determine the amount of damages you're entitled to.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known to devalue this kind of compensation. It is imperative to consult a skilled attorney in tort law to ensure that your damages have been properly valued.

In New York, if you suffered serious injuries, or if your losses exceeded the policy limits you may be able to avoid the no-fault system and pursue for all of your economic and non-economic damages as well as pain and suffering. However, as New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. A skilled attorney will be able to maximize the amount you can claim.

Statute of Limitations

In the case of a car accident, the statute of limitations is the time limit you are required to seek damages. This can vary from three years to five depending on the nature and status of the lawsuit.

Statutes of limitation are vital because they ensure that any claim made in court is investigated properly before the deadline runs out. After this time it could be too late to locate witnesses, physical artifacts like debris and tire marks can disappear or be destroyed, and public records could be lost.

As time passes, witnesses also tend to forget important details. For instance, it would be unreasonable to expect witnesses to remember the details of a car accident that occurred 15 years ago. A statute of limitations prevents plaintiffs from filing a lawsuit too soon after the incident, because it could disadvantage the jury. It is important to speak with a New York auto accident attorney accident lawyer as soon as possible and start the process.

Insurance

New York law requires all drivers to have insurance on their vehicles. This type of insurance covers the policyholder's and their passengers' financial losses regardless of the person's 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 pays victims who are injured due to uninsured, underinsured or hit-and-run drivers. UM/UIM coverage is usually offered with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability when an outside party sues them for damages such as medical bills and property damage. Third parties can also file claims for pain and suffering in cases where the injury was serious enough to warrant it. The majority of third party claims, however they are settled by insurance companies. Employing a competent lawyer on board can ensure that you receive the maximum amount of damages that are available to you.

Contact an attorney

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

A lawyer can also make sure that your claim will cover your entire expenses and losses. They will take into account your current and future financial expenses as well as your physical and mental distress. In addition, they will take into consideration the impact your injuries have caused on your quality of life.

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

It is essential to choose an experienced and knowledgeable auto accident lawyer. Their knowledge and training put them in a better position to get you what you deserve. The insurer of the defendant will recognize that your lawyer is willing to try the case, which often leads to a higher settlement offer.