New York Auto Accident Law

A car accident lawyer is your advocate, ensuring your side of the story is told. They will present your case to a judge or jury, if necessary, and negotiate with the insurance company.

Some states adhere to a traditional tort liability system while others do not have any fault or add on auto accident lawsuits insurance laws. However, there are strict time limits known as statutes of limitation that must be followed.

Fault

The process of determining fault is an essential aspect of the legal and insurance claims process. It might seem obvious in some cases like rear-end collisions, but often it's not. The state laws and the facts of each case are used to determine fault. Some states have absolute comparative fault. This means that your percentage of fault determines the amount of damage you can claim.

Even if your fault was determined to be more than 51%, you could still collect some of the losses you've suffered through supplemental policies like MedPay and PIP. In addition, some states use modified comparative blame. These laws allow injured motorists to use their own insurance coverage to pay expenses, even if are found partially at fault for the incident.

After an accident, it's common to feel a bit shaken up and to want to point the finger at someone else. However, this could result in costly errors in the future. A competent lawyer can assist you in avoiding these traps and get the answers you require quickly and precisely.

Damages

Damages are monetary payments that compensate victims for financial losses they have suffered as a result of a third party's negligence actions. The type of compensation offered can be used to cover a variety of losses, such as medical costs as well as lost wages or income, and vehicle property damage. A skilled car accident lawyer will review receipts, invoices, and other financial records to calculate accurately the amount of special damages you're due.

Non-economic damages can be difficult to quantify, and may include intangible damage such as pain and suffering. Insurance companies are known for devaluing this type of compensation. It is essential to speak with a seasoned attorney in tort law to ensure that your damages are fairly assessed.

In New York, if you suffered serious injuries, or if your losses surpassed the limits of your insurance policy the possibility exists for you to get out of the no-fault system, and sue for all your economic and non-economic damages which includes pain and suffering. However, since New York is a comparative negligence state, your recovery will be reduced by the percentage of fault attributed to you. A knowledgeable attorney will be able to maximize the damages you can recover.

Statute of limitations

In the event of a car accident the statutes of limitations are the period of time you are allowed to sue for damages. Typically, it is three years, but may differ based on the type of lawsuit as well as the state's laws.

Statutes of limitations are crucial because they ensure that any claims filed in court can be properly investigated prior to the deadline is up. After that it might be difficult to find witnesses. Physical artifacts like tire marks and other debris could disappear or get eroded and public records could be lost.

Witnesses are also prone to forget key details over the passage of time. It is not reasonable to believe that eyewitnesses can recall all the details of a crash that occurred 15 years ago. A statute of limitations forbids plaintiffs from bringing a lawsuit too late after the accident, because it may unfairly disadvantage the jury. This is why it's always important to consult with a New York car accident lawyer and begin the process as soon as you can.

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 their economic losses in the event of an accident, regardless of who was the cause of the accident. This is 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 insurance provides the victim with compensation if they are injured by an uninsured, underinsured, or uninsured motorist or in a hit and run accident. UM/UIM is typically provided in minimum limits of $25,000 per person and $50,000 per accident.

The policyholder is covered by Bodily Injury liability in the event that an outside party sues them for damages, auto accident lawsuits including medical bills or property damage. Third parties can also file a claim for pain and suffering if the injury was severe enough to warrant it. However, the majority of third party claims are resolved through insurance companies. A skilled lawyer can help you get the maximum amount of damages.

Contact an attorney

Car accidents can be stressful and expensive that range from car damage to medical bills to lost wages. An attorney can help determine who was responsible for the accident and pursue compensation from the responsible party.

A lawyer can also guarantee that your claim will cover all your expenses and losses. They will consider your current and potential financial costs and your physical and emotional distress. They will also consider the impact of the injuries you sustained on your health.

In New York, you may be able to claim compensation under your insurance's Uninsured Motorist coverage (UM) in the event that the negligent driver was not insured or only carried the minimum amount that is required by law. This option can be discussed with an attorney.

It is crucial to find an experienced lawyer for auto accident attorneys accidents. Their education and experience puts them in the best position to obtain you the compensation you deserve. Your attorney will let the defendant's insurance company know that you're willing to take on the case. This usually leads to an increase in settlement offers.