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New York Auto Accident Law

A car accident attorney is your advocate and will ensure that your side of the story gets heard. He or she will present your case to a judge and jury, if needed and negotiate with the insurance company.

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

Fault

Determining fault is an essential element of the legal insurance claims process. It might seem obvious in certain instances such as rear-end collisions, but usually it's not. The state laws and the facts of each case are used to determine the degree of fault. Certain states employ pure comparative negligence, where the proportion of fault you have in an accident determines what damages you can claim.

Even if you're determined to be more than 51% accountable and liable, you could still have a the chance to recover some of your damages with additional coverage such as MedPay or PIP policies. Additionally, certain states apply modified comparative responsibility. These laws permit injured motorists to utilize their own insurance coverage to cover costs, even if are found to be partially responsible in the accident.

It's normal for people to be upset and want to blame someone else for an accident. This can lead to costly mistakes and result in negative consequences. A competent lawyer will assist you in avoiding these traps and provide the answers you need quickly and accurately.

Damages

Damages are compensations that compensate victims for financial losses they experienced as a result of a third party's negligence actions. This type of compensation can cover a variety of losses, including medical costs and lost wages, income, auto accident and even vehicle property damage. A lawyer for car accidents will examine receipts, invoices and other financial documents in order to determine the amount of damages you're entitled to.

Non-economic damages are harder to quantify and typically include intangible harms such as pain and suffering. Insurance companies are known to undervalue this type of compensation. It is crucial to speak with a seasoned tort attorney to make sure that your damages have been appropriately assessed.

In New York, if you suffered serious injuries, or if your losses exceeded the limits of your insurance policy it is possible to evade the no-fault system, and sue for all of your economic and non-economic damages which includes suffering and pain. However, since New York is a comparative negligence state, your compensation will be reduced by the percentage of fault that is assigned to you. A skilled lawyer will strive to maximize the amount of damages.

Statute of Limitations

In the event of a car crash the statute of limitation is the amount of time you have to seek damages. It can range from three years to five years, based on the nature and status of the lawsuit.

Statutes of limitations are crucial because they ensure that claims made in court can be thoroughly investigated before the deadline expires. After that time, it may be too late to identify witnesses, physical evidences such as the marks of tires and debris could disappear or be eroded, and public records may be misplaced.

Witnesses are also prone to forget important details with the passage of time. It would be unreasonable to believe that eyewitnesses can recall all the details of a car crash that took place 15 years ago. A statute of limitations also prohibits plaintiffs from taking legal action too early after an incident because it could unfairly prejudice the jury against them. It's important to contact a 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 on their vehicles. This type of insurance is designed to compensate the policyholder and their passengers for their economic losses if they are involved in an accident, regardless of who was responsible for the fault. This is also known 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 of coverage compensates victims injured by uninsured, underinsured, or hit-and-run drivers. UM/UIM is typically provided in the minimum limit of $25,000 per person and $50,000 per accident.

Bodily Injury Liability protects the policyholder if they're sued by a third party for damages, like medical bills or property damage. Third parties can also file claims for the pain and suffering of injuries that are serious enough. The majority of third party claims, however are settled by insurance companies. A competent lawyer can help you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive. From car damages to medical expenses to lost wages, they can be costly. An attorney can help determine whose fault the accident was, and obtain compensation from the person responsible.

A lawyer can also ensure that your claim is inclusive of the totality of your losses and expenses. They will assess your current and potential financial costs and your physical and mental distress. In addition, they'll consider the impact that your injuries have had on your quality of life.

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

It is important to work with an experienced auto accident lawsuits accident lawyer. Their education and experience puts them in a stronger position to negotiate for the settlement you're entitled to. Your lawyer will inform the insurer of the defendant know that you are willing to accept the case. This usually results in an increase in settlement offers.