New York Auto Accident Law

An attorney who handles car accidents is your advocate and will ensure that your part of the story is told. He or she will negotiate with the insurance provider and then present your case before a judge and jury, if needed.

Some states use a tort liability system that is traditional and others have no fault or add to the auto insurance laws. There are still time limits known as statutes that must be adhered to.

Fault

The determination of who is at fault is an important part of the insurance as well as legal claims process. In certain instances, such as rear-end collisions, or other similar situations, it could appear simple, but in other instances, it's not. The determination of fault is based upon state laws and the facts of each incident. Certain states employ pure comparative negligence. In this case, the proportion of blame you owe in an accident determines the damages you can claim.

Even if your fault is determined to be higher than 51%, you might still collect some of the injuries you've suffered as a result of additional policies like MedPay and PIP. In addition, some states apply modified comparative responsibility. These laws permit injured motorists to utilize their own insurance coverage to cover costs, even if they are found partially at fault for the incident.

It's normal to be angry and feel the need to blame someone else for an accident. This can result in costly mistakes and could have a negative effect. A skilled lawyer can help you avoid these mistakes and get the answers that you require quickly and accurately.

Damages

Damages are monetary compensations that compensate victims for financial losses incurred due to the negligence of another person. This kind of compensation could be used to cover a variety of losses, like medical expenses as well as lost wages or income and vehicle property damage. A skilled lawyer for car accidents will examine invoices, receipts, and other financial documentation to calculate accurately the amount of damages you're owed.

Non-economic damages are often difficult to quantify and include intangible damages like pain and suffering. Insurance companies are known for devaluing this type of compensation. It is imperative to consult a skilled tort attorney to make sure that your damages are fairly valued.

In New York, if you suffered serious injuries, or if your losses surpassed the policy limits it is possible to evade the no-fault system by suing for all your non-economic and economic damages as well as suffering and pain. However, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributable to you. A skilled lawyer will strive to maximize the amount of damages.

Statute of limitations

In the case of a car accident, the statute of limitations is the time frame you must bring a lawsuit to recover damages. It can range from three to five years based on the nature and auto Accident condition of the lawsuit.

Statutes of limitations are essential because they guarantee that claims brought in court will be properly investigated before the deadline is up. After that time it could be impossible to locate witnesses. Physical artifacts like tires and debris may disappear or be destroyed and public records could be misplaced.

Witnesses are also likely to forget crucial details with the course of time. For example it's not realistic to expect witnesses to remember specific details about a car accident that occurred 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early following an incident since 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

New York law requires all drivers to have insurance for their cars. This type of insurance pays the policyholder's and passengers' financial losses regardless of the cause. 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 an amount of compensation for victims injured by an uninsured or underinsured driver or in a hit-and-run accident. UM/UIM is typically available in the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability covers the policyholder if they're sued by a third party to recover damages, like medical bills or property damage. Third parties can also bring claims for pain and suffering in cases where the injury was serious enough to warrant. The majority of third party claims, however are settled by insurance companies. A competent lawyer can help 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. An attorney can help determine who is responsible for the accident and seek compensation from the party responsible.

A lawyer can also make sure that your claim covers your entire expenses and losses. They will take into account your current and future financial costs as well as the physical and emotional stress you are experiencing. In addition, they'll take into account the impact your injuries have affected your life quality.

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) in the event that the negligent driver was not insured, or only carried the minimum amount required by law. An attorney can help you understand this option.

It is important to work with an experienced auto accident law firms accident lawyer. Their training and expertise puts them in a better position to obtain the compensation you're entitled to. The insurer of the defendant will know that your lawyer is willing to take on the case, which usually results in an offer of a higher settlement.