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New York Auto Accident Law

A lawyer for car accidents will be your advocate, making sure your side of the story is presented. He or she will bargain with the insurance company and present your case in the presence of a judge or jury, if needed.

Some states follow a traditional tort liability system while others do not have any fault or add to the auto accident law firms insurance laws. There are still strict time limitations known as statutes that must be adhered to.

Fault

Determining fault is an essential element of the legal insurance claims process. In certain situations, like rear-end collisions or other similar situations, Auto Accidents it might seem evident, but in other cases, it's not. Fault is determined based on state laws and the facts of each case. Some states have pure comparative fault. In this case, your percentage of the accident determines how much of your damages can be recovered.

Even if you're determined to be more than 51% responsible and liable, you could still have a an opportunity 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 use their own insurance coverage to pay expenses, even if they are found to be partially responsible in the accident.

It's normal for people to be upset and feel the need to blame someone else after an accident. However, this could cause costly mistakes in the end. A competent lawyer can assist you in avoiding these traps and get the answers that you need quickly and accurately.

Damages

Damages are payments made to help a victim to make up for the financial loss they suffered because of another's negligent actions. This type of compensation could cover a variety of damages, including medical expenses in addition to lost wages or income, and even vehicle property damage. A skilled car accident lawyer will scrutinize invoices, receipts, and other financial documents to accurately calculate the amount of special damages you're due.

Non-economic damages are often difficult to quantify and include intangible losses like pain and suffering. Insurance firms are known to devalue this kind of compensation. It is imperative to consult a skilled lawyer in torts to ensure that your damages have been fairly valued.

If you've suffered serious injuries or losses exceed the policy limits in New York, you may be able to escape the no-fault law by suing for non-economic and financial damages, such as pain and suffering. However, as New York is a comparative negligence state, your compensation will be reduced by the percentage of fault attributable to you. A skilled lawyer will do everything to maximize the amount of damages.

Statute of limitations

In the case of a car accident, the statute of limitations is the period in which you must seek damages. Typically, this is three years however it may differ depending on the nature of lawsuit and the laws of the state.

Statutes of limitation are important because they guarantee that claims filed in court can be investigated properly before the deadline is up. After this time, it may be too late to identify witnesses, physical artifacts like debris and tire marks can disappear or become eroded, and public records can be misplaced.

Witnesses are also prone to forget crucial details with the course of time. For instance it would be untrue for eyewitnesses to be expected to recall detailed information about an automobile accident that happened 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too late after the accident, as it could unfairly disadvantage the jury. It is crucial to contact an New York auto accident lawyer as soon as possible and start the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance covers the policyholder's and passengers' financial 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 of insurance provides an amount of compensation for victims injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM coverage is usually offered with a minimum limit of $25,000 per person or $50,000 per accident.

The policyholder is liable under Bodily Injury liability in the event that an outside party sues them for damages, including property damage and medical bills. Third parties can also file claims for pain and suffering if the injury was severe enough to warrant. The majority of third party claims, however, are settled by insurance companies. Employing a competent lawyer on board can help to ensure that you recover the maximum amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and Auto accidents costly with everything from vehicle damage to medical bills to lost wages. A lawyer can help identify who was at fault for the accident and pursue compensation from the party responsible.

A lawyer can also make sure that your claim will cover all expenses and losses. They will take into account your current and future financial expenses and your physical and emotional distress. In addition, they will take into account the impact that your injuries have affected your quality of life.

In New York, if the negligent driver was not covered by insurance or had only the minimum amount required by law, you could be able to collect under your own insurance policy's uninsured motorist coverage (UM). An attorney can assist you with this option.

It is important to hire an experienced lawyer for auto accidents. Their knowledge and training put them in a stronger position to obtain the compensation you deserve. The insurer of the defendant will recognize that your lawyer is prepared to take on the case, which usually results in an offer of a higher settlement.