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New York Auto Accident Law

A lawyer who handles car accidents is your advocate, auto accidents ensuring your side of the story is presented. They will discuss your case with the insurance company and then present your case front of a judge and jury, if required.

Some states have the tort liability system, while others have no-fault laws or auto accident lawsuits insurance. There are time limitations that are strictly enforced known as statutes that must be adhered to.

Fault

The determination of fault is a vital part of the legal and insurance claims process. In certain situations, like rear-end collisions or similar situations, it might appear obvious, but in many other instances, it's not. The state laws and facts of each instance are used to determine fault. Some states have pure comparative fault. In this case, your proportion of the cause determines the amount of damages can be recovered.

Even if your fault is discovered to be greater than 51%, you could still collect some of the injuries you've suffered as a result of additional policies such as MedPay and PIP. Some states also apply modified comparative negligence. These laws permit injured motorists to utilize their own insurance coverage to cover costs, even if are found partially at fault for the crash.

Following an accident, it's common to feel a bit shaken up and to feel the need to point the finger at the other person. However, this could result in costly mistakes in the end. A competent lawyer will assist you in avoiding these traps and provide the answers you need quickly and with precision.

Damages

Damages are compensations that help a victim to make up for the financial losses they experienced as a result of a third party's negligence actions. This kind of compensation could be used to pay for a variety of losses, like medical costs loss of income or wages and property damage to vehicles. A skilled car accident lawyer will examine invoices, receipts, and other financial documentation to calculate accurately the amount of special damages you're due.

Non-economic damages are more difficult to quantify and usually comprise intangible losses like pain and suffering. Insurance firms are known to devalue this type of compensation. It is important to speak with an experienced and knowledgeable tort attorney to make sure that your damages have been properly valued.

If you've suffered serious injuries or if the losses exceed the limits of insurance coverage in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and financial damages, such as pain and suffering. New York is a state which uses comparative negligence so your claim will be reduced according to the percentage of blame you're assigned. A competent lawyer will be able to maximize your compensation for damages.

Statute of limitations

In the event of a car accident the statutes of limitations are the period of time you can sue for damages. This can vary from three years to five years, Auto Accidents based on the nature and the state of the lawsuit.

Statutes of limitations are crucial because they ensure that any claims filed in court can be properly investigated before the deadline runs out. After this period, it may be too late for witnesses, physical evidence such as debris and tire marks can disappear or get eroded and public records may be lost.

Witnesses are also prone to forget crucial details with the passage of time. For instance it would be untrue to assume that eyewitnesses will recall specific details about an accident in a car that occurred 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too early after the incident since it could bias the jury against them. It is important to speak with an New York auto accident lawyer as quickly as you can in order to begin the process.

Insurance

New York law requires all drivers to have insurance for their cars. This type insurance covers the policyholder and their passengers' economic losses, regardless of fault. This type of insurance is called 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 by uninsured, underinsured or hit-and-run motorists. UM/UIM is usually offered with the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability covers the policyholder in case they are sued by a third-party for damages, like medical bills or property damage. Third parties can also bring claims for suffering and pain in cases where the injury was serious enough to warrant it. However, the majority of third party claims are settled through insurance companies. The presence of a knowledgeable lawyer on board can help to ensure that you recover the full amount of damages that are available to you.

Contact an attorney

Car accidents are stressful and expensive. From vehicle damage to medical costs to lost wages, they can be costly. A lawyer can help determine who was responsible for the accident and seek compensation from the responsible party.

A lawyer can also make sure that your claim includes your entire expenses and losses. They will assess your current and future financial costs and your physical and mental distress. Additionally, they will take into account the impact that your injuries have had on your life quality.

In New York, if the negligent driver was not covered by insurance or only carried the minimum amount required by law, you may be able to collect under your insurance policy's uninsured motorist coverage (UM). This option is discussed with an attorney.

It is important to hire an experienced lawyer for auto accidents. Their experience and training puts them in a stronger position to negotiate for the settlement you're entitled to. Your attorney will let the defendant's insurance company know that you're willing to accept the case. This can lead to an increased settlement offer.