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New York Auto Accident Law

A car accident attorney is your advocate and will make sure that your account of the incident is heard. He or she will argue your case to a judge or jury, if necessary, and bargain with the insurance company.

Some states have an tort liability system while others have no-fault laws or auto insurance. There are strict time limits known as statutes that must be adhered to.

Fault

The determination of who is at fault is a crucial aspect of the insurance and legal claims process. It may seem obvious in some cases like rear-end collisions. However, often it is not the case. The state laws and facts of each case are used to determine the degree of fault. Certain states employ pure comparative negligence. the percentage of fault you bear in an accident determines what damages you can claim.

Even if you're determined to be more than 51% accountable, you may still have an opportunity to recover some of your losses through supplemental coverage like MedPay or PIP policies. In addition, some states use modified comparative blame. These laws permit injured motorists to use their own insurance to cover their expenses even if they're partly at fault for the crash.

After an accident, it's common to feel shaken and to want to point the finger at the other person. However, doing so can cause costly mistakes over the long term. A good lawyer can assist you in avoiding these traps, and provide you with the answers you need quickly and with precision.

Damages

Damages are compensations offered to pay victims for financial loss caused by another party's negligence. This type of compensation can be used to pay for a variety of losses, auto accidents including medical costs as well as lost wages or income, and even vehicle property damage. A competent lawyer for car accidents will review invoices, receipts, and other financial documents to determine the exact amount of special damages you are owed.

Non-economic damages can be difficult to quantify and can include intangible damages such as pain and suffering. Insurance companies are known to undervalue this kind 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 the losses you suffered exceeded the limits of your insurance policy, you may be able to get out of the no-fault system by suing for all your non-economic and economic damages which includes suffering and pain. However, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault assigned to you. An experienced attorney will work hard to maximize the damages you are able to recover.

Statute of Limitations

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

Statutes of limitation are important because they ensure that claims filed in court can be investigated properly before the deadline is up. After that time it might be difficult to locate witnesses. Physical artifacts like tires and debris may disappear or get eroded and public records could be lost.

As time passes, witnesses tend to forget important details. It's unreasonable to assume that witnesses could recall all the details of a car accident that occurred 15 years ago. A statute of limitations also stops plaintiffs from filing legal action too soon after an incident as it could unfairly prejudice the jury against them. This is why it's always important to consult with a New York car accident lawyer and begin the process as soon as possible.

Insurance

New York law requires all drivers to carry insurance for their cars. This type insurance covers the policyholder's as well as their passengers' economic losses regardless of the cause. 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 insurance covers victims who are injured by uninsured, underinsured, or hit-and-run motorists. UM/UIM is usually offered with the amount of $25,000 for a person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third-party for damages, including medical bills or property damage. Third parties may also make a claim for suffering and pain if the injury was severe enough to warrant it. However, the majority of third party claims are resolved through insurance companies. A skilled lawyer can assist you to recover the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and costly that range from car damage to medical bills to lost wages. An attorney can help determine who is responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim includes all expenses and losses. They will take into account your current and potential financial costs, as well as your emotional and Auto Accidents physical distress. In addition, they'll consider the impact that your injuries have caused on your life quality.

In New York, you may be eligible for compensation under your policy's Uninsured Driver coverage (UM) in the event that the negligent driver was not insured, or only had the minimum amount of insurance that is required by law. An attorney can advise you of this possibility.

It is crucial to find an experienced lawyer for auto accidents. Their training and experience put them in a better position to get you the money you need. The insurer of the defendant will know that your attorney is willing to pursue the case, which usually results in a higher settlement offer.