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New York Auto Accident Law

A lawyer for car accidents is your advocate, making sure your side of the story is told. They will discuss your case with the insurance company and present your case the presence of a judge or jury, if needed.

Some states have the tort liability system, while others have no-fault or auto insurance laws. There are still strict time limitations known as statutes which must be followed.

Fault

Determining fault is an essential part of the legal and insurance claims process. In certain cases, such as rear-end collisions, or other similar situations, it may appear obvious, but in many other instances, it's not. The state laws and the 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 damage you can claim.

If you're found to be more than 51% accountable, you may still have an opportunity to recover some of your losses through additional coverage such as MedPay or PIP policies. Additionally, certain states use modified comparative blame. These laws allow injured motorists to make use of their own insurance coverage to cover costs, even if they are found partially at fault for the crash.

Following an accident, it's normal to feel shaken and want to blame another person. However, doing this could cause costly mistakes in the end. A good lawyer will help you avoid these mistakes and provide the answers you need quickly and accurately.

Damages

Damages are compensations made to compensate victims for financial loss caused by another party's negligence. This type of compensation may cover a variety of losses, such as medical expenses loss of income or wages and damage to property of vehicles. A competent lawyer for car accidents will review receipts, invoices, and other financial documentation to determine the exact amount of damages you are owed.

Non-economic damages can be difficult to quantify, and include intangible damages like pain and suffering. Insurance companies are known for devaluing this type of compensation. It is crucial to speak with an experienced and knowledgeable tort lawyer to ensure that your damages have been properly assessed.

If you've suffered severe injuries or losses exceed the policy limits in New York, you may be able to escape the no-fault law and file a lawsuit for non-economic and economic damages including pain and suffering. However, because New York is a comparative negligence state, your claim will be reduced by the percentage of fault attributed to you. An experienced attorney will do everything to maximize the damages you are able to recover.

Statute of limitations

In a car accident case, the statute of limitations is the period in which you have to bring a lawsuit to recover damages. Typically, this is three years but can differ based on the type of lawsuit and the state's laws.

Statutes of limitations are important because they guarantee that claims filed in court can be investigated properly before the deadline runs out. After that time it could be difficult to locate witnesses. Physical artifacts like tire marks and other debris could disappear or get eroded, and public records might be misplaced.

As time passes, witnesses tend to forget important information. It's not realistic to expect that eyewitnesses could recall all the details of a car crash that took place 15 years ago. A statute of limitations prohibits plaintiffs from filing a lawsuit too soon after the incident, because it may unfairly influence the jury. It is essential to contact an New York auto accident lawyers accident lawyer as early as you can to begin the process.

Insurance

All drivers in New York are required by law to have car insurance. This type of insurance is designed to reimburse the policyholder and their passengers for financial losses in an accident regardless of who was the cause of the accident. 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 provides compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit-and-run accident. UM/UIM is typically provided in 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, such as medical bills or property damage. Third parties may also be able to claim injury and pain that are serious enough. However, the majority of third party claims are resolved through insurance companies. The presence of a knowledgeable lawyer on board can help to ensure that you receive the maximum amount of damages available to you.

Contact an attorney

Car accidents can be stressful and expensive in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can assist in determining who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also make sure that your claim covers all your expenses and losses. They will take into account the present and future financial costs as well as emotional and physical distress. They will also consider the impact of your injuries on your life quality.

In New York, if the negligent driver was not covered by insurance or carried only the minimum amount required by law, you might be able recover the amount under your own insurance policy's uninsured motorist coverage (UM). An attorney can help you understand this possibility.

It is crucial to find an experienced and knowledgeable auto accident lawyer. Their knowledge and training put them in a stronger position to secure the compensation you deserve. Your lawyer will let the insurer of the defendant know that you're willing to accept the case. This often leads to an increase in settlement offers.