New York Auto Accident Law

An attorney who handles car accidents is your advocate and will make sure that your part of the story is told. They will discuss your case with the insurance company and present your case in the presence of a judge or jury if necessary.

Some states have a tort liability system, while others have no-fault or auto insurance laws. But, there are strict time limits, commonly referred to as statutes or limitations that have to be adhered to.

Fault

Finding out who is to blame is an important part of the insurance and legal process of claiming. In certain cases, such as rear-end collisions, or other similar situations, it could appear simple, but in other cases, it's not. The determination of fault is based on state laws and the specific facts of each instance. Some states use pure comparative negligence. the proportion of fault you have in an accident determines what damages you are entitled to claim.

Even if your culpability is determined to be more than 51%, you might 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 make use of their own insurance to cover their expenses even if they're partially responsible for the accident.

Following an accident, it's common to feel a bit shaken up and want to blame someone else. However, this could backfire and lead to costly mistakes in the long run. A competent lawyer can assist you in avoiding these traps and get the answers that you require quickly and accurately.

Damages

Damages are monetary payments that compensate victims for auto accident lawyer financial losses they have suffered because of a negligent actions. This type of compensation may be used to cover a variety of losses, such as medical costs as well as lost wages or income and property damage to vehicles. A car accident lawyer will look over invoices, receipts and other financial documents in order to determine the amount of special damages you're owed.

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

If you have suffered serious injuries or if the 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 uses comparative negligence, therefore your claim will be reduced based on the percentage of blame you're given. An experienced attorney will do everything to maximize the damages you are entitled to.

Statute of limitations

In a car accident the statutes for limitation are the period of time you can sue for damages. It can range from three years to five depending on the nature and the state of the lawsuit.

Statutes of limitations are essential because they ensure that claims filed in court can be thoroughly investigated before the deadline expires. After that time, it may be too late for witnesses, physical artifacts like debris and tire marks can disappear or be destroyed, and public records may be misplaced.

As time passes, witnesses also tend to forget important details. It's unreasonable to think that eyewitnesses would recall all the details of a accident that occurred 15 years ago. A statute of limitations prohibits plaintiffs from bringing a suit too early after the incident because it could disadvantage the jury. It's important to contact a New York auto accident law firm accident lawyer as soon as you can and begin the process.

Insurance

New York law requires all drivers to carry insurance for their cars. This type of insurance compensates the policyholder's and passengers' financial losses regardless of the fault. This kind 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 coverage compensates victims who are injured by uninsured, insufficiently insured, or hit-and-run drivers. UM/UIM coverage is usually offered with a limit of $25,000 per person or $50,000 per accident.

The policyholder is protected by Bodily Injury liability in the event that a third-party sues them for damages, including property damage and medical bills. Third parties can also assert injury and pain that are serious enough. However, most third party claims are resolved through insurance companies. Bringing a skilled lawyer to the table can ensure that you get the entire amount of damages that are available to you.

Contact an attorney

Car accidents are stressful and costly. From car damages to medical expenses to lost wages, they can be costly. A lawyer can help identify who was at fault for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim will cover the totality of your losses and expenses. They will take into account the present and future financial expenses as also physical and emotional stress. They will also take into account the impact of the injuries you sustained on your health.

In New York, you may be able to claim 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 that is required by law. An attorney can assist you with this possibility.

It is important to hire an experienced auto accident lawyer. Their education and experience puts them in an ideal position to get you the compensation you deserve. Your lawyer will let the defendant's insurance company know that you are willing to take on the case. This usually results in an increase in settlement offers.