New York Auto Accident Law

A car accident attorney is your advocate and will make sure that your account of the incident is told. They will negotiate with the insurance provider and argue your case before a judge and jury if necessary.

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

Fault

Finding out who is to blame is a critical part of the insurance as well as legal process of claiming. In certain instances, such as rear-end collisions and other similar situations, it might seem obvious, but in many other instances, it's not. The state laws and facts of each instance are used to determine the extent of fault. Certain states employ pure comparative negligence, in which the proportion of fault you bear in an accident determines the damages you can claim.

Even if the fault determined to be higher than 51%, you can still recover some damages you have suffered with additional policies such as MedPay and PIP. Some states also allow modified comparative negligence. These laws permit injured motorists to make use of their own insurance to pay for expenses even if they're partially responsible for the collision.

It's normal to be upset and feel the need to blame someone else for an accident. This can lead to costly errors and could cause a negative impact. A skilled lawyer can help you avoid these mistakes and get the answers that you require quickly and accurately.

Damages

Damages are the amount paid to compensate a victim for the financial losses they experienced due to another party's negligent actions. The type of compensation offered can be used to cover a variety of damages, including medical expenses, missed wages or income, as well as vehicle property damage. A competent lawyer for car accidents will review invoices, receipts, and other financial documents to determine precisely the amount of special damages you're owed.

Non-economic damages are more difficult to quantify, and often include intangible harms such as pain and suffering. Insurance firms are known to devalue this kind of compensation. It is important to consult a skilled tort attorney to make sure that your damages have been properly valued.

If you've suffered serious injuries or if the losses exceed the policy limits in New York, you may be able to avoid the no-fault law by suing for non-economic and economic damages, including pain and suffering. New York is a state that uses comparative negligence, therefore your claim will be reduced depending on the percentage of blame you're given. A skilled lawyer will strive to maximize the amount you are able to recover.

Statute of limitations

In a car accident case the statute of limitations is the time limit you can pursue a lawsuit in order to recover damages. It can range from three years to five depending on the nature and condition of the lawsuit.

Statutes of limitations are important because they guarantee that claims made in court can be thoroughly investigated before the deadline elapses. After this time it might be difficult to locate witnesses. Physical artifacts, such as debris and tire marks could disappear or erode and public records could be lost.

As the years pass, witnesses tend to forget important information. It is not reasonable to assume that witnesses could recall all the details of a crash that occurred 15 years ago. A statute of limitations prevents plaintiffs from bringing a suit too late after the accident, because it may unfairly bias the jury against them. It is important to speak with an New York auto accident lawsuit accident lawyer as soon as you can and start the process.

Insurance

All drivers in New York are required by law to carry car insurance. This type of insurance is designed to reimburse the policy holder and their passengers for economic losses if they are involved in an accident, regardless of who was the cause of the accident. 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 coverage provides compensation if a victim is injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM coverage is typically offered with a minimum of $25,000 per person or $50,000 per accident.

The policyholder is covered by Bodily Injury liability when they are sued by a third party for damages like medical bills and property damage. Third parties may also be able to claim pain and suffering for injuries that are serious enough. However, most third party claims are settled through insurance companies. A skilled lawyer on board can ensure that you are able to recover the maximum amount of damages that are available to you.

Contact an attorney

Car accidents can be stressful and Auto accident expensive in all aspects, from vehicle damages to medical bills to lost wages. A lawyer can help identify the person responsible 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 consider the present and future financial costs as along with physical and emotional anxiety. They will also take into account the impact of the injuries you sustained on your health.

In New York, you may be eligible for compensation under your policy's uninsured motorist coverage (UM) when the negligent driver wasn't insured or had the minimum amount of insurance required by law. An attorney can assist you with this option.

It is crucial to find an experienced auto accident lawyer. Their training and expertise puts them in a stronger position to negotiate for the settlement you're entitled to. Your lawyer will inform the insurers of the defendants know that you are willing to take on the case. This usually results in an increase in the settlement amount.